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field tiling laws?
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redgreenandrust
Posted 4/26/2012 15:33 (#2354962 - in reply to #2353749)
Subject: Re: field tiling laws?


thumb of michigan
So when the farmer tiled the farm originally he put in a main big enough to handle future drainage of his adjoining property, and was supposed to tie into it rather quickly. The fact that he did not do it as fast as he said is not too good for him, but generally tile easements are assumed to be for 100 years. I understand the buyer is mad, but he might calm a bit when he learns the tile main was installed with the intent of a future tap-in. The guy should have talked to you and your Mom first, but that is moot now. Frustrating for sure though. I would see if he can remove the standpipe, that should diffuse the buyer. I hate working around them too, it might not be needed. Our 1/2 mile main does not have one and gets along fine, but each situation is unique. I don't want to sound mean or discouraging, but restoring the original contour of the ground and removing the standpipe is about the best you can hope for I think in this situation. If it gets before a judge the first thing the farmer is going to say is that he planned on tapping into the main and would have done it sooner, but something came up. The handwritten easement probably won't help much other than to get him to remove the blue pipe.
Once the buyer calms down I think he will be ok, you did not alter the property but someone else did, so he can bluster but I don't see him being able to do much about it. Don't let it get you down, I am sure your Mom appreciates what you are doing for her and what you did for your Dad too. It will work out. As tight as farmland is right now the buyer is not going to walk away over this, and if he does I would bet there is someone else out there who would snap it up.
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