Thread: Help........
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Old 24-07-2007, 09:43 PM posted to rec.gardens
Sheldon[_1_] Sheldon[_1_] is offline
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First recorded activity by GardenBanter: Sep 2006
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Default Help........

rachael simpson wrote:
Sheldon wrote:

I gather from your writing that you don't actually own this 20 acre
pasture, but by some agreement you have access. *And even if you do
own it if that land is designated as "Wetlands" (which is likely)
there is nothing you can do... I'm surprised the state is permitting
anyone to keep livestock there, perhaps they haven't inspected
recently and/or the local inspector turns a blind eye. *If that
acreage is indeed wetlands I were you I'd not make a ruckus, I'd
quietly (and quickly) find somewhere else to keep my animals lest you
get hit with some stiff penalties and the clean up costs, which can be
staggering. *And if you're using someone's land by verbal agreement
you can bet the owner will never admit to even knowing you. *Among
other issues (erosion, etc.) wetlands are designated as such because
of how they affect other bodies of water and especially water tables,
most especially with coliform from livestock.


To start with, we had a legal contract to the land. Laywers took care of
this. It was a rental contract to begin with. The owner decided after 5
years of constant payment, we did not have to pay anymore to continue
using it. Had another document drawn-up, stating that we had paid in
full, and the land was legally ours, with the exception that he & his
wife have lifetime rights. We will own the area his house is own then,
also. For now, we help him keep his yard and garden up. We hold the deed
to the whole area of 32 acres.


That doesn't sound kosher to me, no one "takes care of" title
transfer. You had no closing and paid no consideration, did no title
search to discover if the land is even clear of encumberences and who
the legal owner is. You cannot so simply acquire land ownership by
say so... even a tax search would need to be conducted, someone is
always liable for taxes, always the owner of record.

No, it is not wetland area. Not according to the county maps and land
office anyway. I have had that checked.


You had it checked or checked it yourself, which?

Cattle have been on that exact spot for generations. It has been a
pasture for at least 80 years. The man we got it from, his family had
that place before him. He is 84 and says that when he was a child, his
grand-father and father had cattle there


Who cares, that's a bunch of red herring if I ever smelled one.

You said you "have" a 20 acre pasture instead of saying you *own* a 20
acre pasture. If you actually owned that land you would have said
*owned*, and then no way would any agency come on your land and do the
kind of work you describe, not unless there exists a wetlands easement
for remedial work, or some kind of easement. If there actually was a
recent deed transfer you'd absolutely know of any incumberances,
especially easements and ROWs, they'd be accurately indicated right on
the deed, even if there were no recent survey.

Your way of expressing yourself does not make you believeable. I've
bought and sold too may pieces of real estate in my life to not
recognize BS. No one turns over 20 acres, and then another 10 acres
and with their home, just because as you claim you've been paying rent
to keep a few head of livestock in a pasture for five years (no one
keeps livestock with no shelter). I don't care about what others wish
to believe but I for one do not believe your story, not a word.