Question on leasing land
#8623832
Yesterday at 10:57 PM
Yesterday at 10:57 PM
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Joined: Nov 2007
N. W. MISSOURI
TRAPPER-ED
OP
trapper
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OP
trapper
Joined: Nov 2007
N. W. MISSOURI
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ok my son and i leased 127 acres to hunt ect: in march, we had a signed contract with him and his present wife; he passed away last week and his kids and grandkids called and told us to stay out ! and will give us are money back, we have invested in clearing and planting food plot and mowing and they are kicking us out ! not sure if they can do that? we payed for 2 years! i am going to talk to wife later on.
50 + years of trapping & some fur buying and i still know nothing.
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Re: Question on leasing land
[Re: waggler]
#8623841
Yesterday at 11:21 PM
Yesterday at 11:21 PM
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Joined: Nov 2007
N. W. MISSOURI
TRAPPER-ED
OP
trapper
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OP
trapper
Joined: Nov 2007
N. W. MISSOURI
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What does thd lease say? Was it drawn up on the back of a napkin or is it well written? It should be binding on heirs and assigns. well written
50 + years of trapping & some fur buying and i still know nothing.
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8623845
Yesterday at 11:32 PM
Yesterday at 11:32 PM
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Joined: Oct 2024
Kansas
someGuyInKansas
trapper
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trapper
Joined: Oct 2024
Kansas
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although you can likely force them to honor the lease, if they want you gone they can be on the property constantly, driving away the deer while they keep your money. I'd suggest you not just focus on what they can legally do, but also if they are likely to make what you paid for worthless. Getting the money back might be the least bad option.
-Joe
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Re: Question on leasing land
[Re: someGuyInKansas]
#8623849
Yesterday at 11:43 PM
Yesterday at 11:43 PM
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Joined: Apr 2009
South Ga - Almost Florida
Swamp Wolf
trapper
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trapper
Joined: Apr 2009
South Ga - Almost Florida
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although you can likely force them to honor the lease, if they want you gone they can be on the property constantly, driving away the deer while they keep your money. I'd suggest you not just focus on what they can legally do, but also if they are likely to make what you paid for worthless. Getting the money back might be the least bad option. This^^^^ Get all your money back and don't look back.
Thank God For Your Blessings! Never Half-Arse Anything!
Resource Protection Service
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8623916
12 hours ago
12 hours ago
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Joined: Dec 2011
MT
snowy
trapper
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trapper
Joined: Dec 2011
MT
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Like the rest said, take the money they owe you and try to negotiate your losses on food plots. Get all you can and walk.
Give me a fish, I will eat for a day. Teach me to fish, I will eat for a lifetime
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8623942
10 hours ago
10 hours ago
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Joined: Jan 2018
MN
Donnersurvivor
trapper
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trapper
Joined: Jan 2018
MN
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Do they live locally? They may just want to sell it, maybe they just want to lease it for more than you paid? I believe here you can have the lease recorded with the county and it would go on the deed for the duration of the lease.
I'm not sure ide walk away from the lease...maybe it's a good time to offer to buy the property if you can afford it.
Chief of staff @ Mensa Tree division/vison officer
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Re: Question on leasing land
[Re: Donnersurvivor]
#8623947
10 hours ago
10 hours ago
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Joined: Dec 2011
MT
snowy
trapper
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trapper
Joined: Dec 2011
MT
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Do they live locally? They may just want to sell it, maybe they just want to lease it for more than you paid? I believe here you can have the lease recorded with the county and it would go on the deed for the duration of the lease.
I'm not sure ide walk away from the lease...maybe it's a good time to offer to buy the property if you can afford it. Good point!! Don't want to burn any bridges in what ever direction you go.
Give me a fish, I will eat for a day. Teach me to fish, I will eat for a lifetime
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8623974
9 hours ago
9 hours ago
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Joined: May 2009
ohio
tomahawker
trapper
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trapper
Joined: May 2009
ohio
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As above, cut your losses and move on. Sometimes you’re the statue, sometimes the bird. Their reputation will be tarnished, not yours.
Last edited by tomahawker; 9 hours ago.
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8623975
9 hours ago
9 hours ago
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Joined: Dec 2006
Lebanon, WI
Randy Wieland
trapper
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trapper
Joined: Dec 2006
Lebanon, WI
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he passed away last week and his kids and grandkids called and told us to stay out
First of all, emotions are running in overdrive right now considering he just passed away. I would cautiously hit the pause button and give reasonable amount of time.
signed contract with him and his present wife I forgot the legal term, but the contract defaults to solely the wife having survivorship. The kids or grandkids do not have a legal say in anything with direct communication to you. Obviously they will plead their case to the wife and family usually trumps outsiders.
I have AG leases on my property, so not exactly the same but over-all same concept. Neighbor leases X amount of land, he carries the cost for prep and maintenance. Because of fertilizing and erosion control plans, we have agreed to a 1 year notice for non-renewal. Many people don't look at that, but it protects him and me in the event either of us don't want to proceed with a lease extension
I would take a friendly approach to the wife. Sending card/flowers to the funeral and making a very NON-defensive but sincere condolences to the wife/family. Then follow up later with wanting to touch base with her on the lease and terms, maybe asking about her views for the long term. Legally, you own the right and will win the battle, but will lose the war. Do you have the two years or only 1 remaining?? Possibly discuss a buy out on the lease if they are head strong on kicking you out that would include time and expenses of your investment?
If the end result is you getting kick out before the lease is up, you have the right to sue her for breach of contract and recover ALL your costs and possibly the difference of the increased cost to secure a different lease. Additionally, you have legal rights as part of that lease. If the kids/grandkids prohibit you from utilizing the land as part of the original intent of the lease, they are liable for harassment and it falls under a breech of contract.
It can get ugly fast, but if your getting kicked out there is no need to be nice. Sue them for every penny you can recover. Its not like they'll invite you back at a later time
The only thing worse than losing........Is QUITTING! Lifetime Member WTA
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8623994
8 hours ago
8 hours ago
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Joined: Mar 2020
W NY
Turtledale
trapper
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trapper
Joined: Mar 2020
W NY
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Yep time to move on. Life's too short.
NYSTA, NTA, FTA, life member Erie county trappers assn.,life member Catt.county trappers
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Re: Question on leasing land
[Re: Randy Wieland]
#8623997
8 hours ago
8 hours ago
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Joined: Dec 2007
NE Missouri
ol' dad
trapper
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trapper
Joined: Dec 2007
NE Missouri
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he passed away last week and his kids and grandkids called and told us to stay out
First of all, emotions are running in overdrive right now considering he just passed away. I would cautiously hit the pause button and give reasonable amount of time.
signed contract with him and his present wife I forgot the legal term, but the contract defaults to solely the wife having survivorship. The kids or grandkids do not have a legal say in anything with direct communication to you. Obviously they will plead their case to the wife and family usually trumps outsiders.
I have AG leases on my property, so not exactly the same but over-all same concept. Neighbor leases X amount of land, he carries the cost for prep and maintenance. Because of fertilizing and erosion control plans, we have agreed to a 1 year notice for non-renewal. Many people don't look at that, but it protects him and me in the event either of us don't want to proceed with a lease extension
I would take a friendly approach to the wife. Sending card/flowers to the funeral and making a very NON-defensive but sincere condolences to the wife/family. Then follow up later with wanting to touch base with her on the lease and terms, maybe asking about her views for the long term. Legally, you own the right and will win the battle, but will lose the war. Do you have the two years or only 1 remaining?? Possibly discuss a buy out on the lease if they are head strong on kicking you out that would include time and expenses of your investment?
If the end result is you getting kick out before the lease is up, you have the right to sue her for breach of contract and recover ALL your costs and possibly the difference of the increased cost to secure a different lease. Additionally, you have legal rights as part of that lease. If the kids/grandkids prohibit you from utilizing the land as part of the original intent of the lease, they are liable for harassment and it falls under a breech of contract.
It can get ugly fast, but if your getting kicked out there is no need to be nice. Sue them for every penny you can recover. Its not like they'll invite you back at a later time This is pretty good advice. If you decide you want to remain on the lease and the family is giving you problems, my suggestion would be to consult with a local attorney who specializes in real estate matters. Ol dad
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8624036
5 hours ago
5 hours ago
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Joined: Dec 2006
St. Louis Co, Mo
BigBob
trapper
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trapper
Joined: Dec 2006
St. Louis Co, Mo
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Sounds like the old man wouldn't let THEM hunt the place! Consult a Real Estate Attorney with experience in acreage rentals.
Every kid needs a Dog and a Curmudgeon.
Remember Bowe Bergdahl, the traitor.
Beware! Jill Pudlewski, Ron Oates and Keven Begesse are liars and thiefs!
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Re: Question on leasing land
[Re: TRAPPER-ED]
#8624108
1 hour ago
1 hour ago
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Joined: Jan 2018
MN
Donnersurvivor
trapper
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trapper
Joined: Jan 2018
MN
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I've been thinking about this and my response would vary dramatically on how they asked.
If they said something like "dad died and we're moving back to help care for mom and we really want the grandkids to be able to hunt the farm" I would happily take the check, maybe ask for a weekend to hunt to cover the food plots and move on.
If they said "your lease is void don't come back" and had an attitude about it then I would go talk to the old lady and she what she had to say, if they want to sell it I would take a buyout but it wouldn't be for the same amount I paid, the value of the lease has increased with the work and food plots and the fact you have to spend time/energy finding a new lease.
Chief of staff @ Mensa Tree division/vison officer
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