Pasture Rental Protocol - Storm destroyed fence..

[Arkieman]

I rent @ 55 acres of pasture and have done a lot of work on the old fences the past 2 years. This weekend a tornado pretty much destroyed about 1/2 of the fencing. Right now the cedars that were/are on the fence row have been snapped off and rest on what remains of the fence. My cows are fairly happy w/ the grass in the pasture and have not tried to venture out through the cedars (not sure they could - it is thick!). Also, there are trees and debris all throughout the pasture, some of which will need heavy equipment to move (which I don't have). We have been patching fence that we can get too, but some will have to be cleared w/ dozer and rebuilt or rebuilt further out into the pasture and off the property line.

What could a renter expect from a landowner? The landowner lives about an hour from the property and inherited this from family. I'm not looking for a handout, but as most know there's not enough money in this to spend too much building fence on someone else's property...

 

[chippie]

Your rental agreement or contract should state who is responsible for what. Hopefully you have everything in writing for your own protection.

Be sure to take pictures of the damage.

 

[alisonb]

I can't see how anybody can be held liable for damages caused by an 'act of God'.

 

[chippie]

I think that he wants to know who is responsible for replacing the fence. ie: who is going to pay for it.

 

[bigbull338]

talk to your landlord an see how much he is willing to help with the fencing.an if he does great.but know that he may not help.then the fence replacement is up to you.an if thats the case id get him on a 10yr lease.an if he breaks your lease then he pays for all the repairs.

 

[Arkieman]

Thanks for the replies - I'm definately not trying to beat my landlord out of money. However, it will be a costly repair to improve property that I do not own. I'm "assuming" he doesn't want this acreage to be overtaken by sweetgum trees and briars which will happen in short order (I've battled them every year and taken alot of pasture back). I know if he leases to someone else, he would probably have to have some concessions for fence repair. I was just trying to get some other opinions of what may be fair before I speak with him.

 

[1982vett]

talk to your landlord an see how much he is willing to help with the fencing.an if he does great.but know that he may not help.then the fence replacement is up to you.an if thats the case id get him on a 10yr lease.an if he breaks your lease then he pays for all the repairs.

Thanks for the replies - I'm definately not trying to beat my landlord out of money. However, it will be a costly repair to improve property that I do not own. I'm "assuming" he doesn't want this acreage to be overtaken by sweetgum trees and briars which will happen in short order (I've battled them every year and taken alot of pasture back). I know if he leases to someone else, he would probably have to have some concessions for fence repair. I was just trying to get some other opinions of what may be fair before I speak with him.

May be a good time to get something in writing. My lease payments are on the cheap, but I keep fences in good order and weeds and brush under control. Also have a signed 10 year lease with an option at the end of 10 years.

 

[Jalopy]

I had similar happen in 1989. Tornado took out fences and I could not use the pasture for one summer until we got it fixed. I had f0/f0 lease on crops and pasture land at that time so the landlord paid for the fencing and I along with some neighbors helping put in the new fence.

 

[hillsdown]

Talk to the land owner and ask about his insurance coverage, some includes fences etc in acts of God, some do not.
Sorry about the tornado ,I hope you all are safe and OK.

 

[Kingfisher]

I don't know........but if you like the place maybe you can trade some fence improvements for rent?
Make him buy the needed materials and you supply the labor. Or even better yet have him come help ya........nah. Scratch that
idear........

 

[Arkieman]

I agree, if he would share some of the cost (rent reduction) I'd supply the labor. I just couldn't afford to put the fences back on the property lines. That will take some major heavy equipment and big $'s to make that happen. I appreciate all the suggestions. Right now we're just trying to plug the big holes that are so open the cows can visably see. I'm hoping the debris along most of the fences are enough to keep them at bay. As soon as I get a handle on how much fence will have to be completely rebuilt and what materials would cost, I'm going to give him a call. Thanks again for all the input, it's good to hear others opinions.

 

[Howdyjabo]

Talk to him about fixing it-
He'll have to fix it before he can rent it to someone else -so he might as well help you fix it.

Get a lease with a payback for any improvements(that you paid for) that you don't get the full use of.
IE- fertilizing, majjor fence or cleanup work, lime
We have been caught out before when people sold property right after we spent a fortune on it.

 

[backhoeboogie]

The landowner lives about an hour from the property and inherited this from family. I'm not looking for a handout...

Why do you mention how the owner acquired the property? It does not seem to have anything to do with fence damage or tonadoes in my opinion.

My leases are simple but say an awful lot about responsibilities.

One of my leases allots me $500 a year for fence materials. It is never enough to cover what I spend. Still its is nice to have the assistance.

 

[Caustic Burno]

I agree, if he would share some of the cost (rent reduction) I'd supply the labor. I just couldn't afford to put the fences back on the property lines. That will take some major heavy equipment and big $'s to make that happen. I appreciate all the suggestions. Right now we're just trying to plug the big holes that are so open the cows can visably see. I'm hoping the debris along most of the fences are enough to keep them at bay. As soon as I get a handle on how much fence will have to be completely rebuilt and what materials would cost, I'm going to give him a call. Thanks again for all the input, it's good to hear others opinions.

It is just time to pull out the chain saw log chains block and tackles with a a tractor. You can get the fence lines cleared out. There wasn't a fence standing in this country after Rita fence lines looked like someone had dropped a box of 60 to 80 foot toothpicks on fences. We got a lot of wire back up fast with splices and Jakes came back later straightened t-post we just cut out a path along the fence lines. Came back later and cleared the timber, heck I still have some stumps I am still working on.

 

[Arkieman]

The landowner lives about an hour from the property and inherited this from family. I'm not looking for a handout...

Why do you mention how the owner acquired the property? It does not seem to have anything to do with fence damage or tonadoes in my opinion.

My leases are simple but say an awful lot about responsibilities.

One of my leases allots me $500 a year for fence materials. It is never enough to cover what I spend. Still its is nice to have the assistance.

Well I guess because he doesn't seem too concerned about the property, possibly because he inherited it and did not necessarily want this particular property and pay for it out of his own pocket. It may not directly affect the lease, but it may have a bearing on whether or not he wants to put this property back like it was or improve it in any way.

 

[Arkieman]

It is just time to pull out the chain saw log chains block and tackles with a a tractor. You can get the fence lines cleared out. There wasn't a fence standing in this country after Rita fence lines looked like someone had dropped a box of 60 to 80 foot toothpicks on fences. We got a lot of wire back up fast with splices and Jakes came back later straightened t-post we just cut out a path along the fence lines. Came back later and cleared the timber, heck I still have some stumps I am still working on.

I agree Caustic, I have been repairing what we could get to. I would also plan on cleaning up the fence rows, etc if it were my property. I don't have the equipment or the time (or money!) to move these trees off the fence line. I could fence around them. We're talking about big cedars that are no more than 2-3 feet apart at the base. I have about 2700 foot of fence rows in this condition. A dozer would probably be needed to do it correctly. If it were my property, I would want my fence on the line (which means clearing the trees), however, I'm not sure if he cares??

 

[Arkieman]

Well, my landlord has been out of town for the past 2 weeks. He has verbally agreed to share in the cost to repair the fence. I have repaired many holes where the fence is down with no trees in place to block access. As I look around at these cedars (that are impossible to get through w/o a chain saw), I wonder if I should just push them up tight to the fences and use them as a fence row?? I mean, they should never rot in my lifetime.. Am I reaching here? What do you guys think?

 

[Howdyjabo]

I have lots of tree trunks lying parallel to fence lines. Just be aware its a good spot for weeds especially if the branches are still on it.