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What would you do???????

D

DejaVu

Well-known member
Joined
Apr 3, 2009
Messages
506
Location
Kansas
I bought a 1/2 section of grass this summer. We closed on it the middle of Sept. I take possession Nov.1. The grass is rented out and I was told from the beginning the renter would be out Oct 15. There were 32 pairs on this grass for the summer. I checked on it today and found that the cows haven't been moved AND the renter has-with the previous owners knowledge-moved 60 more cows onto this grass. I called the previous owner and said WTH? He said the renter wanted to put the cows somewhere when he the pulled the calves. He was leaving them there just till they had the bawl out of 'em. I was told they were being moved tomorrow. 90+ cows have been on that 320 acres 10 days to 2 weeks and it shows.
Soooo-if this was you-what would you do? I'm very unhappy and feel the previous owner has taken advantage of me. :mad: and that's putting it in Sunday school language because I can't say what I want to say. :x :mad:
 
If I closed on it in September, I would of taken possession of it in September. Or I would of had a written agreement with the renter stating exactly what could happen til November 1st. Without those 2 options you are kinda hung out to dry. Experience can be an expensive teacher. If the guy ya bought it from crawfished on his deal with you, without something in writing I don't see any options except frustration. I feel for ya. Why are people like that? :evil:
 
Seems to me every day after October 15 you are owed $X per head per day, no matter the number. If the cattle are still there at 12:01 am November 1, I would see that the pasture is secure ( locks on gates or something to restrict access), or I would remove them from the pasture & relocate them to an area that is restricted. Idjit doesn't get his cows until the bill is settled.

And, I'd probably talk to a lawyer first. You're owed something.
 
Unless you had everything spelled out in writing, chalk it up to experience. In the future, close, take possession, and assume the existing lease the same day. Also, at closing, if the lease was paid in full, make sure it is prorated and the old owner pays you the remainder of the lease payment.
 
Thanks everyone for helping. In the morning, I'm calling the lawyer who handled this transaction. We closed the middle of Sept. I was assured the renter would be gone October 15 and I assumed ownership November 1. Seemed 'cut n dried' at the time. I didn't anticipate the seller allowing the renter to over-stock the pasture in that transition time. It's not something I would have ever done to the other person. Will let you know what happens.
 
Good luck. Hope the lawyer can help. Id probably do something stupid like take the perimeter gates home.
 
GM888 said:
Good luck. Hope the lawyer can help. Id probably do something stupid like take the perimeter gates home.
Click to expand...

That's what I was thinking.Sounds like they are free grazeing so let them.
 
Hire a couple good Cowboys to gather and haul the cattle to the sale barn and yard them back. Put the cowboy charges on the cattle - the sale barn will put their yardage against the cattle.

Otherwise, once the cattle are delinquent, put a fair and reasonable feed/yardage charge,that must be settled prior to shipping, against the cattle.
 
If he's out by the 20th, he for sure owes you 5 days. Say a dollar a day, 90 hd, 450$.

The rest is arguable.

I'd talk to the cow owner, say what I think is right, listen to what he thinks is right. Give him an opportunity to do the right thing. Then it's on him. My life is getting too short to let this kinda stuff eat me up.
 
If you closed the middle of September and don't take ownership until November first not sure what you can do. Was it writin down in the contract or announced at the time of sale that they would be moved October 15 or was this a gentleman hand shake? Was the original renter allowed to rent the grass until November 1st? If it said in the final contract at the time of sale that they would be moved October 15 then I think you should charge him x dollars per head per day until moved. Because you are the new owner of said ground. If he had it rented until November 1(because this is when you said you take ownership) then not sure what you can do. I think he was pissed it was sold out from under him and took it out on you buy over stocking it theses last few days.
 
Update: I had the pasture looked at Friday by a NRCS range management guy. We identified two areas with less desirable grass that is still plentiful and I will put up electric fence to force the cattle to graze those areas rotationally in the Spring. Doing that will give the over grazed areas a chance to grow so the cattle won't keep hammering them. Both attorneys (mine and the sellers) agree this is willful destruction of property and I am owed rent for the two weeks. I became the owner September 15 and neither the renter nor the seller had the right to add 60 additional pairs to the pasture without my consent.
I can't say if the renter is/was p****d at me as I don't know him. I was told he had quite a few of last year's high priced cows that he refused to sell because of the $$$ loss so he rented this pasture. He had the same opportunity to buy-probably more so-than me as he and the seller are good friends. It was for sale for several months before I bought it. The money spent on the cows last year has tied his hands but it isn't justification for his actions. The amount of effort and expense required to truck in an additional 60 pairs for a short term just amazes me. These pairs were gathered from somewhere and hauled to this pasture. Then, in a few days, guys were hired again to gather everything, sort the calves and haul to town. In ten days or so, guys were hired again to gather and haul the cows out. Don't know about the rest of you--but there is no way would I go to this much work for two weeks of grazing.
 
I'm supposed to put a $$ amount on the extra grazing, the damages and whatever I'll have to do to manage the grass for recovery. I had it looked at by a rep from Kansas Grazing Lands Coalition. We're putting a plan together. It's tough to put a price on all this. Just wish it had never happened. Please remember my experience and button those purchase contracts down tight....expect the unexpected!
 
There is a case in Wyoming, rancher vs BLM. The seller gave an easement to the BLM AFTER he was paid for the ranch by the buyer. The BLM (the way I understand it) didn't file the easement and the title search didn't find it so the buyer had no idea it existed. This has turned into a WHOLE can of worms, money spent on attorneys, court hearings, you name it; for years! I don't know how you would protect yourself as a buyer against something like this. I think the seller broke the law and that is where I would have started, had I been the buyer of the ranch. It still isn't settled. From what I have read, the BLM wanted to buy the ranch to turn it into a conservation place, and this fellow stepped in and bought it underneath them. The ranch is checkerboarded with BLM ground.
 
DejaVu said:
I'm supposed to put a $$ amount on the extra grazing, the damages and whatever I'll have to do to manage the grass for recovery. I had it looked at by a rep from Kansas Grazing Lands Coalition. We're putting a plan together. It's tough to put a price on all this. Just wish it had never happened. Please remember my experience and button those purchase contracts down tight....expect the unexpected!
Click to expand...

I wouldn't waste a minute worrying about it if it were mine I'd just chalk it up for next time.
 
Denny, I've thought about what you've said. Walk away. Forget it. I can't. See, this was a sweetheart deal for the seller. There was no arguing over the price. No tire kicking. Nothing. My lawyer/his lawyer. Done deal. The pairs they added were intentional, done deliberately. Their actions will cause me to reduce the numbers I can graze on this grass next year, and depending on the weather, maybe for several years.
When is enough-enough? When does a person call BS? When do you stand up for yourself and say NO, I won't let you do this to me.

You build trailers. So, you have an order for one. You build it and deliver it. You go home with a check in hand and Monday morning go to the bank. Three days later, you find out the check is no good. The guy doesn't answer his phone. Do you drive back to find him or just let it go and chalk it up for next time? You've probably already been there and take precautions. I thought we had everything covered. Never expected some jerk would go to the trouble of hauling in 60 more pairs for a couple of weeks of grazing.
 

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