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Farm Land Division

FARMLAND ACCESS EASEMENTS…

FARMLAND ACCESS EASEMENTS
 
PRESCRIPTIVE EASEMENT:
This option will pretty much limit your market to cash buyers only, as most lenders will not lend money to purchase property without deeded access. Another problem with this option is the unknown of what will happen when Mr. Smith is no longer the owner of the adjoining property being used for access. The new owner may not want you driving across his property.
 
LEGAL EASEMENT: Although in Nebraska or Iowa you cannot be landlocked, you still may have to go to court to gain some sort of access.
This will mean legal fees and other possible expenses, as well as, the court may only grant you an easement for ingress and egress (coming and going). The easement may be limited in width and not include utilities. This is a legal easement that the lenders will now finance, but the buyer may not be able to get power and public water to a home/cabin site.
 
PAID EASEMENT: Mr. Jones asks Mr. Smith to give him deeded access.
Mr. Jones can offer to pay for the survey and any other costs associated with having this agreement drawn up. This obviously is the best case scenario.
 
If you choose this option be sure that the easement is wide enough (typically 45’-60’should suffice) and allows utilities. We recently helped a client purchase a 45’ easement for ingress, egress, and utilities that was ½ mile long, at a cost of $4,000.00. The value added to the property was far greater than the cost to purchase the easement.
 
So, there you have it, a quick summary on how to handle a fairly common easement issue. In closing, I have found that when you encounter potential problems like this, it is best to sit down face to face with the landowner that you are requesting the access easement from. Calmly go over the process, and explain why it is needed. Most people will respond much more positively to this type of meeting over a cup of coffee rather than getting a letter or email. You might be pleasantly surprised at the end result.
 
Need help selling farmland? Call Kevin Kermeen Broker/owner cell direct 402-657-9656
 
I auction farmland for 1%... www.FirstBidLastChance.Auction

$4750/Acre with 2 center pivots – 166 Acres – Tillable Farmland – Burt County, Nebraska

Property Address: Between Tekamah and Decatur, Nebraska (3 parcels east of Highway 75 on Cty Road Q) Legal: N2N2 EX DITCH 5-22-11 RIVERSIDE TWP Parcel ID: 433300500 Taxes: $7294.61 (2018) Size: 166 +/- Acres (165 Acres Tillable Per FSA) Land Use: Tillable, Zoned Ag, One well on west 80 acre property - currently runs both center pivots. Possession: 2020 Remarks: Great opportunity to own a mid-size production tract with 2 center pivots. 2020 possession. Directions: Highway 75 to county road Q (min. maintenance road) If muddy/wet, turn on county road P go east to CR 39, turn left to the farmland. Look for the WC signs.      

SALE PENDING! 201.39 Acres – Farmland FOR SALE – Washington County, Nebraska (Cuming and Blair Townships) $6555/Acre

SALE PENDING! 201.39 ACRES TILLABLE FARM LAND FOR SALE Property Address: 0 County Road 14 and 0 County Road p16, Blair, NE 68008 Legal: W1/2 NE114 4-18-11, SW114 SE114 33-10-11, W1/2 SE 114 30-19-11, TL 1 31-19-11 Parcel ID: 890030401, 890030443, 890018802, 890030596 Taxes: $13,765.62 (2018) Size: 201.39 +/- Acres List Price: $1,320,000 ($6554.45/acre) Land Use: Tillable, Zoned Ag Possession: $49,825 annual cash rent lease in place through 2021 with long term tenant, full possession 2022. Remarks: Very productive farm tracts. Tract 1 is 81 acres with 79.56 acres tillable. Tract 2 is 120.39 acres with 106.97 tillable per FSA.  

Your farmland leases and the importance of September 1st in Nebraska and Iowa…

Your farmland leases and the importance of September 1st in Nebraska and Iowa... As we approach September 1st: There is evidence that in Nebraska and Iowa, most farm leases are oral year-to-year leases. This is important because Nebraska law governs how to terminate such leases and September 1 is a critical day should a landowner wish to terminate an oral lease. First, the law: The Nebraska Supreme Court has ruled that a farm lease begins on March 1 for oral year-to-year leases. To terminate an oral year-to-year lease, however, the Court has ruled that six months notice must be given prior to March 1. In other words, to terminate an oral year-to-year lease, a notice to quit must be received by the tenant prior to September 1 of the preceding year. Second, some examples: Example 1: The landowner as an oral year-to-year tenant. Landowner decides she wants to terminate her lease with Tenant because she wants her nephew to rent the land beginning March 1, 2020. Landowner sends a letter to Tenant and Tenant receives it October 30, 2019. Is the lease terminated so the nephew may rent it on March 1, 2020? No, the lease is not terminated because an oral year-to-year lease requires a tenant to receive notice by September 1, 2019. Here, Tenant received notice from Landowner on October 30, 2019. This means that Tenant may lease the farm land until February 28th, 2021. Example 2: Same facts as above except now, Landowner sends a notice to quit to Tenant, which Tenant receives on August 30, 2019. Is this lease terminated so the nephew may rent it on March 1, 2020? Yes, the lease will terminate as of February 28, 2020. Keep in mind the lease between Landowner and Tenant continues through February 28, 2020 but the Tenant has received a proper six months notice of termination, which is required under Nebraska law. Third, some gotchas: The above represent the default rules in Nebraska for termination of unwritten year-to-year leases. The landowner and tenant can come to a mutual, voluntary agreement to modify the default rules. Thus, if both the landowner and tenant agree, an unwritten year-to-year lease may end in June with 30 days notice. The key is that there must be a mutual, voluntary agreement to do so. If a landowner is terminating an unwritten year-to-year lease, it is advisable to do so with a letter and not in-person. Additionally, it is best to send the notice to quit with time to spare from the September 1 deadline, as the tenant must receive the notice by September 1; it is not relevant when the landlord sends the notice. Moreover, the above rules do not apply to written leases. To terminate a written lease, the landowner and tenant must merely review what the lease states about termination and follow the lease provisions. If you need clarification or just want to ask about dates and deadlines, you are welcome to contact us. We're happy to help farmland owners. Call Kevin Kermeen Broker/owner (402) 657-9656 today! Thinking of selling? Ask about our 1% commission - First Bid Last Chance Auctions. You can pay more but why? Call Kevin today!!

1% First Bid Last Chance Farmland Auctions

Thinking of selling farmland? You can pay more but why! Call Kevin Kermeen Broker/Owner and ask about his proprietary 1% First Bid Last Chance Farmland Auctions (a division of WC Real Estate).
  • Our system works and works well (99% SOLD!)
  • Faster results: Usually 30 days to an auction date and as soon as 45-60 days to close.
  • No negotiation hassles on price and terms.
  • Much less expensive than traditional brokerage fees.
  • You maintain control by reserving the right to accept or reject any bid.
  • Bidders know their first bid is their last chance! This encourages higher bids!
  • You will get the best net proceeds by substantially reducing fees and delay, and allowing market prices to get the best price for your land with the least hassle!
  • Dates are filling up, call Kevin today (402) 657-9656 for a free consultation. (Kevin has sold over $108 Million since 2008)
  • Licensed in Nebraska and Iowa! WC Real Estate… Selling farmland for over 27 years!

Your farmland leases and the importance of September 1st in Nebraska and Iowa…

Your farmland leases and the importance of September 1st in Nebraska and Iowa... As we approach September 1st: There is evidence that in Nebraska and Iowa, most farm leases are oral year-to-year leases. This is important because Nebraska law governs how to terminate such leases and September 1 is a critical day should a landowner wish to terminate an oral lease. First, the law: The Nebraska Supreme Court has ruled that a farm lease begins on March 1 for oral year-to-year leases. To terminate an oral year-to-year lease, however, the Court has ruled that six months notice must be given prior to March 1. In other words, to terminate an oral year-to-year lease, a notice to quit must be received by the tenant prior to September 1 of the preceding year. Second, some examples: Example 1: The landowner as an oral year-to-year tenant. Landowner decides she wants to terminate her lease with Tenant because she wants her nephew to rent the land beginning March 1, 2020. Landowner sends a letter to Tenant and Tenant receives it October 30, 2019. Is the lease terminated so the nephew may rent it on March 1, 2020? No, the lease is not terminated because an oral year-to-year lease requires a tenant to receive notice by September 1, 2019. Here, Tenant received notice from Landowner on October 30, 2019. This means that Tenant may lease the farm land until February 28th, 2021. Example 2: Same facts as above except now, Landowner sends a notice to quit to Tenant, which Tenant receives on August 30, 2019. Is this lease terminated so the nephew may rent it on March 1, 2020? Yes, the lease will terminate as of February 28, 2020. Keep in mind the lease between Landowner and Tenant continues through February 28, 2020 but the Tenant has received a proper six months notice of termination, which is required under Nebraska law. Third, some gotchas: The above represent the default rules in Nebraska for termination of unwritten year-to-year leases. The landowner and tenant can come to a mutual, voluntary agreement to modify the default rules. Thus, if both the landowner and tenant agree, an unwritten year-to-year lease may end in June with 30 days notice. The key is that there must be a mutual, voluntary agreement to do so. If a landowner is terminating an unwritten year-to-year lease, it is advisable to do so with a letter and not in-person. Additionally, it is best to send the notice to quit with time to spare from the September 1 deadline, as the tenant must receive the notice by September 1; it is not relevant when the landlord sends the notice. Moreover, the above rules do not apply to written leases. To terminate a written lease, the landowner and tenant must merely review what the lease states about termination and follow the lease provisions. If you need clarification or just want to ask about dates and deadlines, you are welcome to contact us. We're happy to help farmland owners. Call Kevin Kermeen Broker/owner (402) 657-9656 today! Thinking of selling? Ask about our 1% commission - First Bid Last Chance Auctions. You can pay more but why? Call Kevin today!!

SALE PENDING! 97 Acres Tillable Farmland – SW of Arlington/SE of Fremont in Dodge County

Property Address: SW of Arlington/SE of Fremont, Nebraska Legal: 36-17-9 PT W1/2, NE1/4, W1/2, E1/2, NE 1/4 - Elkhorn General Township Parcel ID: 270127512 Taxes: $8560 (2018) Size: 97 +/- Acres (96.9 Acres Tillable Per FSA) List Price: $582,000 ($6,000/acre) Land Use: Tillable, Zoned Ag Possession: 2020 Remarks: Owner selling to complete a 1031 exchange. Great opportunity to own a mid-size production tract with immediate possession. 1/2 mile straight rows. Owner is willing to rent back after purchase. Directions: Highway 30 to N Cty Rd 28 turn south to E. Morningside Rd turn east to S Cty Rd 29 to Cty Rd X turn east second partial on the right. Dedicated easement off county road.  

SOLD – SOLD – SOLD! 57 Acres – CR 15 and 38, Arlington, Nebraska

SOLD $8500/acre - 57 acres just south of highway 30, Arlington, Nebraska. Thinking of selling your farmland? Call Kevin Kermeen Broker/Owner today (402) 657-9656 - ask about my 1% First Bid Last Chance Auction System. We SELL Everything!

Congratulations to Washington Counties TOP Real Estate Agents!

SOLD! SOLD! SOLD! PASTURE LAND – TL 17 COUNTY ROAD P10, HERMAN, NE 68029

SOLD! 16-acres for pasture land and to create your own little house on the prairie. Peaceful private setting with trees, wildlife, and live creek. Land offers several scenic building sites with potential for a walk out. Enjoy the views of rolling hills & farmland, perfect for building your dream home. Plenty of pasture for raising cows, goats, horses with rolling hills, wooded area.