Advice on paddock agreement

7 posts
Tue, 04/28/2015 - 07:55 #1

Member for

9 years 7 months
Kaz
Last seen: 07/06/2023 - 21:03
Joined: 04/05/2015 - 09:51

Advice on paddock agreement

Hello Yesterday our offer for our new farm was accepted and arenin the process of exchanging ontracts. The property is 40ac and divided into a 10ac paddock and a 30ac paddock. The 30ac paddock has a neighbours cows grazing on it under a personal agreement for him to do so. When we inspected the property we couldn't access the paddock because it was locked. I asked the real estate agent why I couldn't access the 30ac paddock and he said a neighbour keeps cows. My issue is: I'd like access to this paddock once the settlement goes through. We wanted a farm with a section for recreation and a section to farm. We will only be able go up there every few weekends to fix the existing shed and have a ride. Im happy for the cows to graze but want the use of my land when there. Can cows and bikes exist or is it one or the other? Theres only a handshake agreement and no monies exchanged.

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Tue, 04/28/2015 - 16:17 #2
Terry
Last seen: 02/29/2024 - 14:20
Joined: 09/13/2013 - 18:57

Hi,

 

I was faced with something similar. In my case, the whole property was rented out. One person had cattle agisted. Another rented the house on the property. I really wanted vacant possession but trying to be the nice guy agreed to allow the cattle to stay there for a short while as it was such a short settlement and I understood that it would take a little while for the cattle to be placed. 

 

 

I got vacant possession of the house but it ended up taking me 7 months tp get rid of the cattle. If I had my time again, I would just say I wanted vacant possession of it all. That way it becomes the current owners issue to get things off. So my advice is the contracts should say vacant possession and leave it to the current owner. You dont settle until you get it. He entered into the agreement with the neighbour and he should handle the exit.

 

In this case it avoids you getting into conflict with a neighbour straight off as well. 

 

regards

 

Terry

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Tue, 04/28/2015 - 19:28 #3
Kaz
Last seen: 07/06/2023 - 21:03
Joined: 04/05/2015 - 09:51
Thanks Terry. I think that was the answer I wanted to hear. At least any new arrangements I can have full say in them. My husband is not fussed but we still aren't 100% sure what we are going to do with the entirety of the property.
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Wed, 04/29/2015 - 12:40 #4
barb
Last seen: 09/17/2019 - 18:07
Joined: 11/23/2011 - 09:38

Hi Kaz,

agree 100% with Terry. Vacant possession is the only way to go. If you renegotiate the adjistment deal with the present person who has his cows on the land, then you need to do that after you take possesion of the land. If you do make another contract with him, you will need to stipulate the notice you will give them to remove their cattle from your property. Often, as the other person found, if you don't, then it may take months to get them off. You will need to be firm on this, as some people who adjist will drag the chain for ages before removing their stock. Also, get the fees in advance, as some folk are very reluctant to part with their money! You may guess from my comments here, "been there done that".

 

This can be very detrimental to your pasture if they won't remove them as when it gets shorter than say about 3", the the soil dries out and the plants shed roots and it wil take ages to  re-establish good ground cover again. Also, if you do decide to enter into an agreement with him after you purchase the property, then you will need keys to the paddlocks on the gate. After all, you are buying 40 acres not 10.

 

Regarding the bikes. If you intend to race around the paddocks on them, then the cattle may panic and damage themselves and the fences.

 

This is just my opinion anyway.

 

Cheers,

Barb

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Wed, 04/29/2015 - 16:16 #5
Kaz
Last seen: 07/06/2023 - 21:03
Joined: 04/05/2015 - 09:51
Thanks Barb! I have sent my Solicitor an email detailing this. It makes me feel alot better!
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Thu, 04/30/2015 - 10:09 #6
Terry
Last seen: 02/29/2024 - 14:20
Joined: 09/13/2013 - 18:57

As an aside to this issue. I looked at getting an agistment agreement in place with the owner of the cattle on the farm that I bought as like most of these agreements they tend to be handshakes and this was no exception. The trouble with that of course is that it is the landholder that would be in trouble if the cattle got out and say wrecked a car and hurt someone. But other issues like what happens if your Dams go dry. Are you responsible for the water, same for pasture etc etc

 

I found a site where you can get boiler plate agreements and they have one to cover this. Lots of food for thought in it and just convinced me even more that this was something I didnt want to get into. I also didnt buy the property to have someone else farm it. In my particular case it was quite an expensive bit of land and the return was 0.0042% before I wore any of the expenses. Only upside it gave me a few months to fix the house and a few other things without the pastures running away or worrying about getting it stocked.

 

The site is www.netlawman.com.au 

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Fri, 05/01/2015 - 12:40 #7
barb
Last seen: 09/17/2019 - 18:07
Joined: 11/23/2011 - 09:38

Hi Kaz,

yes, if you have stock on adjistment you have to provide water, pasture and secure fencing. Your responsibility is to let let the owner of the stock know when to remove cattle. Usually, you give them a month's notice, but some people make it only two weeks. Regarding the adjistment agreement or any agreement for that matter, there is an old saying which goes," A verbal agreement is only worth the paper it isn't written on".  In other words the days of a handshake agreement are over. It relies too much on everyone having a perfect memory or, even having good intentions. If it's on paper there can be no mistakes.

 

Cheers,

Barb

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