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| No, a purchase agreement has been signed by both parties. We agreed in the contract that no changes would be made to the property. Money is not the issue. Buyer is wanting to get in the fields. Now he sees this as a big hassle. My realtor said he "blew his top" when he heard about this.
Finally talked with the farmer. After the sheriff's department called him, he returned my call. Said he had an easement agreement with my dad. The farmer brought his copy over to the our farm. My dad had purchased the property from the farmer in 7-2003. My dad had a hand written purchase agreement in a file at home, no mention was made of an easement. In the contract the farmer's attorney wrote up there is an easement for the tiling , however there was a hand written amendment on the line below stating that the tiling was supposed to be completed by the fall of 2003, both parties had initialed the statement. For whatever reason my dad wanted the work done by that fall. So the farmer tells me that is proof he was able to do what he did. Since he failed to do the work in the time frame he was given, he no longer has the easement right and I disagree with his conclusion. It is now 2012, 9 years later, so I told him that the property is being sold and we have a buyer that doesn't want the farmers water hooked up to the tiling on the property. I told him that considering the fact that 9 years had passed since the work was to be completed he should have contacted us to make sure it was still ok. He would have then been told no. I told him he will have to make it right. He also had 3 contact phone numbers for our family hand written on the contract, he definitely had a way to reach us. And onward we go. | |
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field tiling laws?
