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DE | First of all, we have been screwed by a developer with a dirty reputation. We sold an irrigated farm to a developer in order to "keep going". He seemed to be the only one with the cash to go to closing. Many others backed out. It has a 1200' 15 year old zimmatic pivot on it. The contract stated that we could farm it for four more years at $1 per year lease or developer would have to pay us a certain amount for each year if he was unable to lease it to us for the four years. Well the contract had a deadline closing date which was not met due to problems on both our ends. So he has now leased it to someone else without compensation to us and this is the real kicker, says that the center pivot conveyed with the land. We have a rented farm directly across the road and we had planned on moving the pivot directly over to this farm. Developer has informed us that we will be charged with trespassing and stolen property if it is moved. Nothing was ever written or agreed to verbally on pivot. Yes, I know mistake on our part not to mention our attorney who was also suppose to get additional farm lease from buyer to make it legal but never followed through. Developer says that he informed us that previous agreed lease in contract was no longer valid prior to closing which is a big fat lie. Have realtor willing to testify on our behalf but that only goes so far when you are up against a known crook who has been sued many times by many people and municipalities and who knows what he can get away with. His attorney says that there are "instances" where irrigation has conveyed with the sale of the land but he hasn't listed any legal precedence. Our NEW attorney did a quick search on the legal web and couldn't find any cases either way to support one way or the other. I guess my real question is do you know of any cases where something like this has happened as far as the center pivot is concerned?? The pivot is worth alot to us probably more that its actual value. Attorney said it could be a costly and lengthy process especially when dealing with a crooked developer with fairly deep pockets and who has a m.o for not doing the ethical thing. As far as the lease, legally we probably don't have much a case although everyone involved knows damn well what the real truth is. sorry for the long post. | |
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need some legal advice on center pivot transfer with sale of property
