Previous lessee won't remove his cows

[Anonymous]

This is gettin rediculous. Previous lessee won't remove his cows, return a phone call, answer an email, or certified mail. He was given notice per his lease details. Sheriff can't do anything because it's civil law. He suggested eviction type proceedings and a court order forcing removal.
The land owner is going to get the ball rollin Monday. Then I get to deal with it all over again when his notice is up on the asking property he also leased. I've already notified that land owner of what they have to look forward to.
In the meantime I can't stock any of it
Anyone have experience with this under fl law

 

[dieselbeef]

dont ya spose something could cause the fence to fall down? ..or the water supply to suddenly be unavailable...why make it yer problem. does the owner of the land own the fence...bulldoze it for repairs...ya git my drift tho...plow it under so they got nothin to eat...turn a mess of horses loose in it for a cpl weeks.
when i bought my property to build my house the seller had leased it for cows. i asked him bout the cows being on my proerty now...he said if i didnt want them on my proeprty to fence it. so i did. i fenced it right across the only access to the watering hole the cows had.. pretty soon the cow problem was gone and now i lease the whole 50 acres. wasnt the plan..but thats the short story.
ive found most cow people dont really care bout you or your animals when it comes to a land dispute or an ownership thing. the people that owned those cows on that lease talked to me like i was an idiot. didnt know me from a hill of beans..well i didnt turn out to be so dumb after all..took em bout 3 days after they figured out the property line
gary

make the cow owner have a problem..dont make it yours...

 

[Anonymous]

It is the cow owners. I just found the statute The landowner cause to force the issue quick like
http://asci.uvm.edu/equine/law/fence/fl_fnc.htm
Look Under definitions, and look at disposition.
If I fix the fence between the 2 places the cows won't have water on the other place that isn't mine until mid August. The only water they do have is on the one that is mine.
I won't do that to a cow.

Its only my problem in a sense that I can't stock it yet. The previous lessee is known for looking for ways to sue etc. he has quite a rep around here and it isn't a good one

 

[1wlimo]

How about billing the cow owner per head per day?

and or fixing the fence apart from the gate way, implying that you may close it.

 

[Kathie in Thorp]

How about billing the cow owner per head per day?

and or fixing the fence apart from the gate way, implying that you may close it.

I don't think you could bill the other cattle owner/old tenant without some sort of judicial notice -- like with rentals (depending on where you are, and what the local laws are) for housing landlord/tenant issues. I commend you for not cutting them off water; cutting them off graze -- they probably won't starve to death before the guy moves them. And if they start getting too slim, then animal control or similar agency may be able to come in and move them because of neglect. ?? But, really, this sounds like the landowner's issue. He has leased to you with certain understandings: i.e., you plan to use it for grazing cattle, and HE needs to get that other guy outa there. I'm thinking that with this delay, your new landlord is breaching the contract you have with him, because the other guy isn't vacating. Sticky wicket. Keep us posted.

 

[Alan]

Are you out of pocket any $$$? Who's paying the lease to the property owner as of today?

Alan

 

[Anonymous]

Nothing out of pocket so far. This lease is the one with the creative agreement. My main concern is if his cows stay out there long enough to not leave me any stockpiled grass for winter.

 

[Kathie in Thorp]

Nothing out of pocket so far. This lease is the one with the creative agreement. My main concern is if his cows stay out there long enough to not leave me any stockpiled grass for winter.

Hook, do you have some sort of lease agreement in place with the landowner? Or is it all "handshake" stuff?

 

[Anonymous]

It's all on paper.

 

[Kathie in Thorp]

It's all on paper.

Well, that should answer most of your questions. Your deal is with the land owner; his angst is the other guy that needs to get moved out of your way. You have a date your lease started . . . . so you should probably already be on the ground there. Don't know if you have any sort of penalty clause, but you may not want to get pushy with that right now, even if you did have one. You have an unforeseen stumbling block, that is not YOUR issue to enforce.

 

[Anonymous]

No it's not my issue to enforce but im not the sorta person to just sit back and hope others handle things the way I would. So I'm advising the landowner best I can.
It wouldnt be in my best interest at all to push the landowner side of this deal at all. This one owner has several hundred acres of pasture in his investment portfolio. I'm trying to establish and earn his trust to the point that I get the rest of his grass. He's also the person that put me in touch with the other landowner next door who also owns several
Hundred other acres of grass. Landowner next door is a large corp with many lawyers and hoops that I would have had to jump through if not for his recommendation.
A little patience on my part will pay me in aces over the course of the next 10-20 years I'd bet.
patience is not my strong suit though so I do what I can where I can to help
Things go my way

 

[Kathie in Thorp]

Hook, an attorney I worked with years ago, when he was in a contrary situation, used to end his letters with: "I trust you will guide yourself accordingly." I think that's where you're at. You can't really push/shove, but can ask to be treated right, per your lease agreement. You're smart; you know what you're dealing with. And you know which buttons can or can't be pushed in your situation.

 

[3waycross]

How many cows are you talking about here? Does he have a place where you could just haul em and dump em in his pasture somewhere else?

 

[Anonymous]

There's 12 there now including a calf that we saw born today.
He has a piece that he's leasing across the street but as sue happy as this guy is I don't even want to push them with out a court order. I'll call animal control Monday and see if they can enforce the statute. And the land owner is going to put his lawyers on it Monday also.
The land will carry 15 pairs with very minimal input year round. But I won't do squat until this guy is out of the picture.

 

[Kathie in Thorp]

There's 12 there now including a calf that we saw born today.
He has a piece that he's leasing across the street but as sue happy as this guy is I don't even want to push them with out a court order. I'll call animal control Monday and see if they can enforce the statute. And the land owner is going to put his lawyers on it Monday also.
The land will carry 15 pairs with very minimal input year round. But I won't do squat until this guy is out of the picture.

Animal control people will not EVEN attempt to enforce your lease rights! They will only get involved if there is abuse/neglect. They are not in the real estate or contract enforcement business. This is on your land owner.

 

[TexasBred]

All I can say is let the landowner and the other fellow settle it. It's not your concern. I know you have a lease but you will simply have to ask the landowner to refund you a portion on your lease money for the expired time between the effective date of your lease and the date you take control of the property. In the meatime you're on the outside looking in.

 

[Anonymous]

If they arent supposed to be there then by legal definition they are strays. See that link I posted. If they are strays then someone is supposed to remove them. At least the way I read it. But I'm not a lawyer. I just play one on Saturday nights.
Tb. You're Absolutley right.
Get this though, who do you think leases the rest of the landowners land? The big portions? Yep. Same lessee. Smart guy huh

 

[Kathie in Thorp]

All I can say is let the landowner and the other fellow settle it. It's not your concern. I know you have a lease but you will simply have to ask the landowner to refund you a portion on your lease money for the expired time between the effective date of your lease and the date you take control of the property. In the meatime you're on the outside looking in.

That's what I was trying to say. Several times. Good luck, Hook. It's got to be frustrating.

 

[Anonymous]

I heard what you were saying kathie. Several times. Thanks

 

[Kathie in Thorp]

I heard what you were saying kathie. Several times. Thanks

:)