I lost my lease

[cherryfarmer]

I unexpectly lost my lease this year and have been cleaning up since and during syrup season. I had 3000 taps with a wet dry line. I am cleaning up as I can as I have other commitments. Has anybody been sued for not cleaning up by a certain time. Fyi the mother (owner died) and the daughter wants me out right now so she can get a logger in. they buried her mother about 2 weeks ago. The logger wont come in till I am cleaned up Just curios about any experiences and I know nothing willl be good enough for them.

Thanks

[Thad Blaisdell]

Did the lease run out? If the pipeline is that old I would tell them to keep it. Go cut the manifolds out and walk away.

[VTwoodsbum]

sounds like the family needs quick cash to cover expenses.then she will likely sub-divide and sell. I fell bad for you but they lost a family member. How was the lease wrote up? Did it have an easy out? Is the clean up detailed in the lease? My opinion clean up all like you weren't there(minus the tap holes) the logger is gonna make a bigger mess. once cleaned ask if you can use as a reference for future leases; also smile alot kindness kills'em. Best of luck finding new lease.

[maple2]

offer to buy the sugarbush or prepay a few years lease.

[adk1]

offer to buy the sugarbush or prepay a few years lease.

that is what I would do to. they must be selling for pulp if the trees have been tapped alot. cant make sawlogs out of them now

[red maples]

that is what I would do to. they must be selling for pulp if the trees have been tapped alot. cant make sawlogs out of them now

Have you ever seen furniture made out of tapped maple...it is beautiful but there are not alot of mills that will cut it unless its and older round saw that will cut through the old taps left in the trees.

[adk1]

Have you ever seen furniture made out of tapped maple...it is beautiful but there are not alot of mills that will cut it unless its and older round saw that will cut through the old taps left in the trees.

actually I havent, but I do have about 1000' of hard maple stickered with tap holes in it that was given to me by a friend in trade from Vermont. all 1" sawn, mixed dimensions from 6" to 12" all 8' long

[VTwoodsbum]

maple with tap holes makes great flooring my mother-inlaw has some in home. as for the logging without seeing the trees it hard to tell what their gonna do. Is it all maple, mixed hardwood, or mixed hard/soft?What is the value of the land, does it perk good, is it in rural or suburbs? Which ever it is why are they logging now? I think my thoughts may be on the right with the timing and all. My father and I have logged for similar events. cherryfarmer you do what you feel is right.

[halfast tapper]

I unexpectly lost my lease this year and have been cleaning up since and during syrup season. I had 3000 taps with a wet dry line. I am cleaning up as I can as I have other commitments. Has anybody been sued for not cleaning up by a certain time. Fyi the mother (owner died) and the daughter wants me out right now so she can get a logger in. they buried her mother about 2 weeks ago. The logger wont come in till I am cleaned up Just curios about any experiences and I know nothing willl be good enough for them.

Thanks

I would try to get as much out as fast as you can. A friend of mine and I had a lease with people they decided to log it , gave us 2 weeks to get it out, this was all in the middle of winter. Loggers got there on time , we weren't quite done yet , they started on far end of bush while we were there , left for the night and came back next day , they purposely drove down the last 11/4 line and destroyed about 800 feet of it. My suggestion is get it out as fast as you can.

[sugarmountain]

Was your lease transferable with ownership? If you have tried talking with the landowner(s) and cant get it resolved or cant get an explanation of why you cant serve out your term the best thing to do is pick up and cut your losses. If the relationship is going to be nasty its probably going to take any joy out of your up coming seasons. How much do you pay per tap and how much is it worth to try and stay on? maybe an attempt to sweeten the pot will work? Maybe explain that the timber market, especialy for low grade and butted timber is at a record low and give a long term figur iff it was to stay in maple production. Your county or district forester will provide you with factual info to support your proposal.

[Farmerboy67]

This is an excerpt from my lease. The whole lease is five pages long and I don't lease the land for less than ten years. I have had very good luck getting owners to sign it.

Section VIII. Enforcement of Agreements and Arbitration

1. Failure of either party to comply with any material term forth in this lease shall make such party liable to the other party for damages caused by such non-compliance. Any claim by either party for such damages shall be presented in writing to the other party at least sixty (60) days before the termination of this lease.

2. If either party or both parties die during the term of this lease, the provisions of this lease shall be binding upon their heirs, executors, and administrators.

3. Any disagreements between the Landowner(s) and the Renter(s) shall be referred to an arbitration panel of three disinterested persons. One member of the panel shall be appointed by the Landowner(s), one by the Renter(s), and a third member shall be appointed by the first two arbitrators. The decision of a majority of the arbitration panel shall be binding on the parties and enforceable in a court of law of competent jurisdiction. The costs of the arbitration panel shall be paid 50% by the Renter(s) and 50% by the Landowner(s). Each party shall pay their own attorney fees and associated expenses.

[heus]

Looks to me like they are obligated to let you finish out the term or pay you for your effort to remove all of the tubing.

[maple flats]

This is an excerpt from my lease. The whole lease is five pages long and I don't lease the land for less than ten years. I have had very good luck getting owners to sign it.

Section VIII. Enforcement of Agreements and Arbitration

1. Failure of either party to comply with any material term forth in this lease shall make such party liable to the other party for damages caused by such non-compliance. Any claim by either party for such damages shall be presented in writing to the other party at least sixty (60) days before the termination of this lease.

2. If either party or both parties die during the term of this lease, the provisions of this lease shall be binding upon their heirs, executors, and administrators.

3. Any disagreements between the Landowner(s) and the Renter(s) shall be referred to an arbitration panel of three disinterested persons. One member of the panel shall be appointed by the Landowner(s), one by the Renter(s), and a third member shall be appointed by the first two arbitrators. The decision of a majority of the arbitration panel shall be binding on the parties and enforceable in a court of law of competent jurisdiction. The costs of the arbitration panel shall be paid 50% by the Renter(s) and 50% by the Landowner(s). Each party shall pay their own attorney fees and associated expenses.

My lease also has the same terms. Does yours have #2 above? If yes, take it to your lawyer. If not, good luck. Get that in any lease you enter in the future. My lease addresses lease terms for tubing removal. I need 6 mos notice of intent not to renew (the owner also gets the same if I intend not to renew, and I must remove all equipment, tubing etc within 6 months of lease end or the owner can take ownership if desired, or hire it removed at my expense at normal and customary rates.
For them to demand you out in short notice is unreasonable and might be against the lease terms.

[cherryfarmer]

It was an oral lease that lasted 19 years without a problem. The problem I have is what is a reasonable time frame to be out. I was told on the first day of syrup season by their neighbor, that is right I did not even find out from them directly about it, but the rush to get me out and a logger in just a week after burying their mother. I just wanted to be sure I could not be sued. I am not the only person they did this too. Their is no reasoning with them. I offered to buy the woods. They said no they would not split it but I just found out they have split it and listed it with a realiter. I think and others have said they have it out for me. Others have noticed too and in a small town it can come back to haunt you. They implid that they would let my other crop which they also grow rot before they would help me. That is they type of person they are. And don't tell me about an oral lease I know

[cherryfarmer]

The kids want me out. The late parents wanted me to stay. They would not even log it when I suggested it. They are both dead now. Everybody said the parents would screw you but the kids would treat you great. Actually the opposit happened and everybody is surprised

[Revi]

If the tubing is 19 years old, I wouldn't worry about losing it. Maybe the skidder could pull the tubing out if you snip it off the wire.

Sorry to hear about it. It's very difficult to deal with people like that.

We have even worse people around us, so we know how it is.

[WESTVIRGINIAMAPLER]

Doesn't sound like they need money, it sounds like greed to me. Usually they are fighting over stuff and money before they can even get the family member buried and this sounds like a get rich quick or so the daughter thinks.