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Farmer Sprays our land with poison.

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woops

Junior Member
What is the name of your state (only U.S. law)? IN
Okay I am new here so I will try to keep this brief.
We purchased property last summer.
Former landowner said a farmer did hay on it and gives you so much per acre.
What ever you use to build on he does not give you.
Seemed simple.
We closed and a few weeks later met farmer :eek::eek::eek: me old buzzard
I asked how did this work I wanted to do a few things for my future farm and he nastily replied your not doing anything til so many years down the road. So I remained calm and stunned. He said I have a written contract.
We went back to Former landowner. Farmer and former land ownerhad a samll written agreement leaving out many details. KEEP in mind nothing is recored in purchase agreement or closing papers
BEFORE I get to far we as the new landowners were not looking to get rid of the farmer---- just iron out the details. ANyways after 2 more time s of communicating and very backwards folks I must add, my husband and the farmer came to terms and I drew up an agreement that my attorney guided and was proper for farm leaseses for IN.
When it came to signing the farmer changed his tune and the next thing I get is a letter from his attorney encouraging us to stick with old. Ofcourse what he had was not legal, but the attorney pushed to stay with the old .

ANyways it was coming close to the time to harvest the first cut so we sent a response letter asking the farmer what did he decide and reassured we wanted him to continue especially since he had his money into seed and so forth. It was we needed to have a proper contract and especially with being the new landowners. IN has specific ways of protecting both parties.
Well his response was to cut and bale the hay and spray and kill our entire property about 30 acres.
SO as I am well into the case we tried to settle --- just ignored. We just sent the complaint forms thru the courts. My question is how do I get this case not to drag out???
I have the State Chemist involved and helping tremendously.
We have a written confession of what he used to poison .
We have a document report from the state of why he did it.
So how can the other side monkey around ???? I was told from a neighbor that he was going to just drag it out. HOw do I prevent this or I don't know I just would like som insight.
I apologize if i leave out to many details.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? IN
Okay I am new here so I will try to keep this brief.
We purchased property last summer.
Former landowner said a farmer did hay on it and gives you so much per acre.
What ever you use to build on he does not give you.
Seemed simple.
We closed and a few weeks later met farmer :eek::eek::eek: me old buzzard
I asked how did this work I wanted to do a few things for my future farm and he nastily replied your not doing anything til so many years down the road. So I remained calm and stunned. He said I have a written contract.
We went back to Former landowner. Farmer and former land ownerhad a samll written agreement leaving out many details. KEEP in mind nothing is recored in purchase agreement or closing papers
BEFORE I get to far we as the new landowners were not looking to get rid of the farmer---- just iron out the details. ANyways after 2 more time s of communicating and very backwards folks I must add, my husband and the farmer came to terms and I drew up an agreement that my attorney guided and was proper for farm leaseses for IN.
When it came to signing the farmer changed his tune and the next thing I get is a letter from his attorney encouraging us to stick with old. Ofcourse what he had was not legal, but the attorney pushed to stay with the old .

ANyways it was coming close to the time to harvest the first cut so we sent a response letter asking the farmer what did he decide and reassured we wanted him to continue especially since he had his money into seed and so forth. It was we needed to have a proper contract and especially with being the new landowners. IN has specific ways of protecting both parties.
Well his response was to cut and bale the hay and spray and kill our entire property about 30 acres.
SO as I am well into the case we tried to settle --- just ignored. We just sent the complaint forms thru the courts. My question is how do I get this case not to drag out???
I have the State Chemist involved and helping tremendously.
We have a written confession of what he used to poison .
We have a document report from the state of why he did it.
So how can the other side monkey around ???? I was told from a neighbor that he was going to just drag it out. HOw do I prevent this or I don't know I just would like som insight.
I apologize if i leave out to many details.
**A: very confusing post. Hire your own attorney.
 

woops

Junior Member
Oh I am so sorry you are confused, But I do have one. WHat are you confused about?
All of our efforts to resolve this issue have been ignored by farmer who destroyed our land.
So my question is how do not let this drag out. Is there anything we can do or should I say my attorney can do?? And I could ask my attorney but you know and I know every time you talk it cost . Just trying to get insight from others.
 

HomeGuru

Senior Member
Oh I am so sorry you are confused, But I do have one. WHat are you confused about?
All of our efforts to resolve this issue have been ignored by farmer who destroyed our land.
So my question is how do not let this drag out. Is there anything we can do or should I say my attorney can do?? And I could ask my attorney but you know and I know every time you talk it cost . Just trying to get insight from others.
**A: OK, what has your attorney done thus far?
 

woops

Junior Member
attorney has sent request to settle --- no response not interested just ignore game

Now attorney filed with the court naming all involved

The Poison used is what is used to destroy crops and vegatation.
Nothing illegal about he product.

The response letter I sent prior to spraying noted that no farming or spraying or destroying the land permitted. And until the Farmer responded the entering of the property would be considered trepassing.

Back When the farmer and my husband spoke for the last time and agreed what would be in the contract the farmer son threatened " If it doesn't go our way we will spray and kill everything" --- I guess they kept their word:eek:
 

HomeGuru

Senior Member
attorney has sent request to settle --- no response not interested just ignore game

Now attorney filed with the court naming all involved

The Poison used is what is used to destroy crops and vegatation.
Nothing illegal about he product.

The response letter I sent prior to spraying noted that no farming or spraying or destroying the land permitted. And until the Farmer responded the entering of the property would be considered trepassing.

Back When the farmer and my husband spoke for the last time and agreed what would be in the contract the farmer son threatened " If it doesn't go our way we will spray and kill everything" --- I guess they kept their word:eek:


**A: please list your damages and $$$$ associated with those damages.
 

woops

Junior Member
Oh I am sorry but my question is how to speed up the process and not let the defendant slow it down-- Is that even possible!
 

HomeGuru

Senior Member
Oh I am sorry but my question is how to speed up the process and not let the defendant slow it down-- Is that even possible!
**A: the process is already slow by nature of how the court system operates.
Maybe your attorney can start the shark attack by sending a request for documents, interrogatories, depositions etc. It's very costly to litigate.
 

FarmerJ

Senior Member
If they used a total kill product it went into the root systems and killed every thing the effects will only last a short time and next year your fields will be fine for growing as long as your not going to be attempting to become organic certified, you will have to start from scratch next year. All else since you already have sought the services of a atty let the atty handle it.
 

woops

Junior Member
I agree about letting the attorney handle it , but all of the leg work with soil samples and other details that give documnetation has been due to my asking questions and researching. Which has saved me money cause it has not costed the att time. Am I trying to go ahead of the att --- no but the more prepared I am hopefully the quicker we can resolve.
I do have a question?? How helpful will it be to have a trepass complaignt reversed that is not considered trepassing at the moment. Meaning-- I sent the police out when we realized he was cutting and baling and spraye din the middle of the night-- without permission or contract--- farmer rip out his little none legal contract he had with the former landowner and said "I have a contract"" So because of this the police just did a report that I called and they went out there and listen to waht he said, but the report did not deem it trepassing.
Recently I spoke the sheriff and he agreed that if I have the documnetation to show he has no rights to the land the deputy that did the report will review the info and pass it on to the prosecuting atorney to then try and change the report to criminal trepassing.
What do you think???? And yes I did discuss with my att. I just wanted other op.

Thanks!
 

ErinGoBragh

Senior Member
I agree about letting the attorney handle it , but all of the leg work with soil samples and other details that give documnetation has been due to my asking questions and researching. Which has saved me money cause it has not costed the att time. Am I trying to go ahead of the att --- no but the more prepared I am hopefully the quicker we can resolve.
I do have a question?? How helpful will it be to have a trepass complaignt reversed that is not considered trepassing at the moment. Meaning-- I sent the police out when we realized he was cutting and baling and spraye din the middle of the night-- without permission or contract--- farmer rip out his little none legal contract he had with the former landowner and said "I have a contract"" So because of this the police just did a report that I called and they went out there and listen to waht he said, but the report did not deem it trepassing.
Recently I spoke the sheriff and he agreed that if I have the documnetation to show he has no rights to the land the deputy that did the report will review the info and pass it on to the prosecuting atorney to then try and change the report to criminal trepassing.
What do you think???? And yes I did discuss with my att. I just wanted other op.

Thanks!
Not to be snitty, but spell check and complete and cohesive sentences would make more people read and reply to your answers.
 

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