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What would the PHBT do?

PHBT

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#21 Vagus

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Posted 07 December 2018 - 02:12 PM

What is your hourly rate?  When are you available to travel to Indiana?

I thought i put it in there.  15 pounds of ham. 


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#22 Kellermeister

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Posted 07 December 2018 - 02:21 PM

Have you given him notice in writing that the agreement with the previous owner is terminated?

Soybeans are often harvested late in the season.
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#23 Julius H Gardetto

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Posted 07 December 2018 - 03:05 PM

No they aren’t, not by design at least.
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#24 Kellermeister

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Posted 07 December 2018 - 03:41 PM

The one time I rented land to a farmer for soybeans, it was harvested in December.
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#25 Julius H Gardetto

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Posted 07 December 2018 - 03:47 PM

Right, not saying it doesn’t happen, it just doesn’t happen often or by design.
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#26 MoreAmmoPlz

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Posted 07 December 2018 - 04:50 PM

The one time I rented land to a farmer for soybeans, it was harvested in December.

 

That might have been an outlier. Over the past 11 years, I cannot think of a time that our beans were harvested after Halloween. 


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#27 Dave McG

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Posted 07 December 2018 - 08:26 PM

As much as it might muck up you plans, I would wait until after the new year to start anything. Right now seems like a gray area, but you can't claim a 2018 harvest once 2019 hits. It's only a few weeks out. Pray for a mild winter so that it doesn't screw your construction too much.
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#28 Trub L

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Posted 07 December 2018 - 08:36 PM

I thought i put it in there. 15 pounds of ham.


Universal currency
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#29 SnowMan

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Posted 09 December 2018 - 07:25 PM

Saw some farmers out harvesting today.  All 5 i saw were on corn, which isn't common for December 9th, but not unusual either.  I saw no one else running beans. 

 

 

My place sat empty.  

 

 

I ordered my culvert pipe yesterday and am getting geotextile tomorrow.  We'll see when my excavator can get there. 


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#30 Stains_not_here_man

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Posted 10 December 2018 - 02:35 PM

As much as it might muck up you plans, I would wait until after the new year to start anything. Right now seems like a gray area, but you can't claim a 2018 harvest once 2019 hits. It's only a few weeks out. Pray for a mild winter so that it doesn't screw your construction too much.

 

This is what I would probably do, just to be safe.  He's allowed the land "until the 2018 crop is harvested" so he may be legally in the right if it hasn't been harvested.  But on 1/1/2019 I think you have a pretty good argument that the crop in your fields is now the 2019 crop and the agreement is void.


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#31 Sidney Porter

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Posted 10 December 2018 - 03:56 PM

This is what I would probably do, just to be safe. He's allowed the land "until the 2018 crop is harvested" so he may be legally in the right if it hasn't been harvested. But on 1/1/2019 I think you have a pretty good argument that the crop in your fields is now the 2019 crop and the agreement is void.

I think the argument is he abandoned it more so than 2019 crop
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#32 Stains_not_here_man

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Posted 10 December 2018 - 05:05 PM

I think the argument is he abandoned it more so than 2019 crop


True but the court argument to that is easy. "I just haven't harvested it YET"
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#33 Trub L

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Posted 10 December 2018 - 05:16 PM

True but the court argument to that is easy. "I just haven't harvested it YET"


I'm guessing the farming community probably has some more exact guidelines.
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#34 MakeMeHoppy

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Posted 10 December 2018 - 05:26 PM

tell the guy you know an elite group of homebrewers. A couple are lawyers, a couple are farmers, one knows country law and a few know a guy who knows a guy.   Tell him he has til the end of the week to move his crop elsewhere!


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#35 Dave McG

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Posted 10 December 2018 - 05:36 PM

I'm guessing the farming community probably has some more exact guidelines.

I don't know about that, given that this whole scenario came about due to a handshake deal between the farmer and a guy who isn't in the picture anymore. If it's a 2018 crop, you can at least make a reasoned argument that after January first it becomes a 2019 harvest. Is a crop year defined by planting date or harvest? Usually they would be the same but... If it went to court I would want to make a good case.
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#36 idajack

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Posted 10 December 2018 - 07:55 PM

Have you considered consulting an actual attorney?
Or at the least send a certified letter with receipt that you are not continuing his lease and will begin excavation in x days. That may still put you past the Jan 1 date but will also be a part of the CYA .
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#37 SchwanzBrewer

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Posted 10 December 2018 - 08:11 PM

Send a certified letter. He has no documentation and not much leg to stand on. Given that there's no communication, give a week to harvest or it's considered abandoned and then you're mowing it all over or have your friend harvest it.


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#38 Trub L

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Posted 11 December 2018 - 05:34 AM

Maybe that's a good idea. Just something that sounds friendly but also establishes clear notice. Like open with, "As we've closed the 2018 harvest season, and are now nearing the end of 2018 itself, I wanted to just double check that you've collected what you need from [property in question], as repurposing of that land will begin on January 1st."
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#39 SnowMan

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Posted 11 December 2018 - 01:47 PM

Word on the street is that they are harvesting at my place today... fingers crossed!


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#40 Thag

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Posted 11 December 2018 - 03:09 PM

It could be a Christmas miracle! Let's hope they lean into it.
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