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OT rant Should have gotten it in writing

I

ILLEFTY

Member
About 5 years ago, widow lady in the area asked me if I wanted to lease her pecan trees. She has about 20 mature trees. She offered them to me for 1/3-2/3 rent, nothing in writing. For those years I have been fertilizing the trees as they were in need of it, paid for it myself. This year very good crop. Her son convinced her that she could better else where. Would have started to make decent return this year. Should have gotten it in writing. Now she has over 2000 lbs of pecans to get rid of. There are alot of pecans this year, unless you have a market for them they'll be hard to get rid of
 
Maybe one of the lawyers will get in on this, but I thought oral contracts are as binding as written ones in situations like yours.
As someone said, "I"d rather have an honest man"s word, than a dishonest one"s written agreement".
 
Oral rental agreements are enforceable. If she would admit the existence of the rental agreement, you would probably prevail in an action for the value of 2/3 of the nuts. Do it in Small Claims Court (you don't get attorney fees for enforcement of oral agreements, and atty would cost you more than you'd get). If you decide to go after it, characterize the agreement as a year to year ag lease- and bone up on the rules for cancellation of ag leases in your state.

That being said, I don't know if the value of 1,333# of pecans is worth the trouble.
 
You might have left out quite a few details but I think you just learned a valuable lession.

When I started making hay I rented 15 acres of fallow ground. Gentelman agreement. Shook hands and only saw him when the rent was due. Tilled it up fertlized and planted alfala. Maintained the property and did weed control. The whole shebang. Fast forward three years when it is in peak production, and the landlord rents it for double to someone else.

I learned real quick;

To get it in writing (they could die on you and the hiers tell you to get lost).

Set the price based on lenght of lease (if yearly you can bet the price is not going to be a preminum).

And retain ownership of any planted crops (many leases are set to expire in the middle of the growing season).
 
Dad always said. Never deal with the Widow,preacher or school teacher. they will be the first to put the scr$ws to ya.
 
I have talked to my atty.. He's looking into it. As far as getting her to admit to the oral agreement maybe difficult with her son around.
 
Agreed.

Though oral agreements are legally enforceable in most (all?) jurisdictions, without evidence of the agreement, any action becomes an issue of evidence. If the widow does not admit to the agreement, you will need a disinterested witness.

Dean
 
Yep, a little old widow woman taught me meaning of the say'n "if it ain't in write'n it never happened" a little over 22 months ago. Go'n to make a big pot of chili the day they put her in the ground.

Dave
 
That's pretty good. Hardest lesson I have ever learned was when the widow woman who owned the farm across the road from my house backed out of sell'n me the farm and offered it to a deacon in our church, should say my former church.
 
(quoted from post at 19:42:14 11/09/10) Dad always said. Never deal with the Widow,preacher or school teacher. they will be the first to put the scr$ws to ya.
Click to expand...

BWAAAAA................
You won't need no winter clothes where you're goin...........

But True...........
 
Even if you had a written lease it probably wouldn't be worth trying to enforce it,also they'd say you took advantage of the little old lady etc etc etc.Any improvements you make on rented land you should figure you'll loose.
 
(quoted from post at 14:06:20 11/10/10) Even if you had a written lease it probably wouldn't be worth trying to enforce it,also they'd say you took advantage of the little old lady etc etc etc.Any improvements you make on rented land you should figure you'll loose.
Click to expand...



Legal Precedent and Contract law say you are wrong.

Dave
 
You just paid for more education in life. Starting about ten years ago I have written contracts with all of farming related business, including family. It just makes sense. It could be me that dies tomorrow and my kids will have to work out what was going on. I have had several landlords die over the years. Most of the time the relatives liked that it was in writing for them to see.
 
Fore the longest of time we would chop/bale the marsh grass off a swamp on some land that a neighboring farm widow owned. She would get to keep 1/2 the grass and sell it for cover hay, and we got to keep the other 1/2 for bedding. Pretty soon it seemed like she was getting more and more and we were getting less. Plus more often than not we did all of the work, including stacking in her barn.

Then we talked to the guy who was renting the rest of the land, and come to find out he was paying for the whole she-bang, including the swamp. We made the verbal agreement with him and cut her out of the deal. Was the last year we made the bedding on that swamp and the last year he farmed it, but neither of us really did care that much. Her kids had a large part to do with the whole deal.

Now her nephew or some relation farms it and gets it all.

Donovan from Wisconsin
 
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