My oldest sister has a pasture leased out to a cow guy and she's not a happy camper...When I say 'not happy, I mean a 'hell's comin to breakfast" not happy.
I'm involved because back in July 2018 she needed to find someone to run cows on her 38 ac pasture or she would lose her ag exemption. I knew someone that was always looking for lease pasture for his tigerstipes and gave him her phone #. They worked out a lease, both signed it and the terms are a bit vague, as most pasture leases are.



She wanted her long drive fenced off from the pasture so she wouldn't have to mess with opening and closing 2 gates every time she came or went..it's nearly 1/2 mile long so he agreed to do it if she bought the material. He did a good job, except where he placed the fence next to the yard. She wanted it 30-40' back off the roadway so the cows wouldn't make a mess near the end of a small pond she has. He promised to move it, but hasn't yet and that's been 2 years ago now.

The big problem tho, is he hasn't kept the fence lines cleaned off or mowed the brush and pine saplings that have come up everywhere in the last 2 years. He keeps saying he's going to, but always has an excuse not to, something I'm very familiar with in this part of the county. "Well, I was going to but I just ain't had the time". It's like a motto of sorts for everyone that was born and grew up here along the river. I've heard it time and time again from numerous people.

She's a widow, and kinda crippled up but pretty feisty too. She laid into me about him 4th of July gathering and today ask me to write a letter, as she intends to break the lease if he doesn't do what he promised to do. I asked her what kind of letter..a nice one or a nastygram, and she wasn't sure, so I typed and printed one of each. She can pick out which to send to him tomorrow.



Or.............

quote XXXXX XXXXXXX, I've had enough of your lyin **** . You may think you can keep pushing a widow woman around , but NO MORE! You promised time and time and time again to mow this pasture and keep the fencelines cleaned off and you've mowed maybe once in 2 years and did a crappy job then, and it's just been one excuse after another ever since. I don't want to hear any more of your excuses. You got the same number of hours in your day as everyone else does. You give someone your word...YOU damn well better KEEP IT! That "I ain't had time" motto everyone that grew up on this East Fork seems to have really means "I ain't got time to do what I promised to do and still do all the rest of the things I WANT to do." I and my family have spent too much $$$$$, time, and sweat on this place in the last 30 years to let you run it into the ground. This pasture has NEVER looked this bad. If I see you again young man and you aren't on a tractor mowing, I'm going to take a peach limb to your ass, which evidently your momma never did or not enough of. Get over here off by August 15 2020 and mow this pasture and clean these fence lines off and KEEP THEM CLEANED off or get your cows off my place! 30 days.........The clock is tickin...... Date_________________ signed: _____________________

[This message has been edited by maryjane (edited 07-07-2020).]

Personally, I like the second version. Sends the message clearly and there is little room for mid-interpretation.

Rams

I would call him up first, and say... "look, the lady is really upset. You're kind of taking advantage of her. Just want to let you know, she's going to be sending you a letter of intent. Any questions?"

My guess, he likes having access to the pond for the cows so they can drink from there.

Oh, I've already talked tp him myself, More than once, and the last time (yesterday) was along the lines of the 2nd letter.

The pond was supposed to be split by the fence, passing over a narrow strip of dry land that was left when it was enlarged about 5 years ago. By verbal agreement, 1/2 was to be for the cows and 1/2 for sister's enjoyments. He decided to use it all instead.

Oh yeah, then #2, but without the profanity... because then it can be considered hostile.

It's way past the hostile point...just depends what day it is. I know the guy pretty well. Bought hay from him for several years and he lives about 2 miles from me. There is no shortage of cowmen looking for lease pasture so she won't have any trouble replacing him and maybe he'll learn something in the process.
He may throw up that "but I have a legal lease" thing but she has something better. $$$$$$$$$$$$$ and attorneys.
Lawyer J Noble Daggett type attorneys.

I'm not sure how much "communication" has gone back and forth. But the guy is obviously violating the lease agreement. It also seems he has no intention of correcting the situation. So continuing to argue with him is probably pointless.

At this point, it may be wiser to hand it off to a lawyer. Maybe a warning letter from a law office will get his butt in gear. If not, then follow up with eviction (if he can be legally evicted).

Best of luck!

I am a fan of letter one myself. If it had an attorney's letter head. Once you get mean, backing up to nice don't work too well.

quote Originally posted by maryjane: The pond was supposed to be split by the fence, passing over a narrow strip of dry land that was left when it was enlarged about 5 years ago. By verbal agreement, 1/2 was to be for the cows and 1/2 for sister's enjoyments. He decided to use it all instead.

Turn that pond into your sister's irrigation supply. Pump it dry.

How does one evict cattle?.....(asked rhetorically)

[This message has been edited by randye (edited 07-07-2020).]

rhetorically answering...
One easy way, is to call the Sheriff's Dept and report them as estrays..
They generally bring a trailer out, load 'em up and haul them to the county's holding pen till the owner shows up.

I had an estray here last week but I knew who she belonged to and called him. I told him she could stay a few days till the area near the loading chute dried up some, but she started having a calf 2 nights later and the calf was a big block headed Charbray and had to call him to come get her. Calf didn't make it..just too big and we had to pull it in the trailer.

quote Originally posted by maryjane: rhetorically answering... One easy way, is to call the Sheriff's Dept and report them as estrays.. They generally bring a trailer out, load 'em up and haul them to the county's holding pen till the owner shows up. I had an estray here last week but I knew who she belonged to and called him. I told him she could stay a few days till the area near the loading chute dried up some, but she started having a calf 2 nights later and the calf was a big block headed Charbray and had to call him to come get her. Calf didn't make it..just too big and we had to pull it in the trailer.

My aunt had an old Charbray bull on her farm when I was a kid. That thing was a HUGE sumbeech. Had the mildest temperament of any bull I've ever seen since.
Maybe he just liked me, I don't know, or maybe it was the carrots and sweet potatoes I gave him.

quote Originally posted by maryjane: I've had enough of your lyin **** . You may think you can keep pushing a widow woman around , but NO MORE! You promised time and time and time again to mow this pasture and keep the fencelines cleaned off and you've mowed maybe once in 2 years and did a crappy job then, and it's just been one excuse after another ever since. I don't want to hear any more of your excuses. You got the same number of hours in your day as everyone else does. You give someone your word...YOU damn well better KEEP IT! That "I ain't had time" motto everyone that grew up on this East Fork seems to have really means "I ain't got time to do what I promised to do and still do all the rest of the things I WANT to do." I and my family have spent too much $$$$$, time, and sweat on this place in the last 30 years to let you run it into the ground. This pasture has NEVER looked this bad. If I see you again young man and you aren't on a tractor mowing, I'm going to take a peach limb to your ass, which evidently your momma never did or not enough of. Get over here off by August 15 2020 and mow this pasture and clean these fence lines off and KEEP THEM CLEANED off or get your cows off my place! 30 days.........The clock is tickin...... Date_________________ signed: _____________________

She has every right to be angry and demand what she was promised, but the above "venting" should be done verbally, not written as a faux legal notice.

It's waaaaaay to personal & abusive.
I mean, bringing someones mother into a request, notice, or warning is incredibly abusive and serves no useful purpose. (i.e. "lyin azz", "take a peach limb to your azz", etc.)
Not to mention the incredible amount of personal information & feelings irrelevant to the task-at-hand. (i.e. "push a widow around", "time/money/sweat spent", "I don't want to hear", etc.)

It's folksy, sure enough, but the law doesn't oblige folksy.
Keep it emotionless & simple; "Do what you agreed to, or vacate the premises.

[This message has been edited by Boondawg (edited 07-08-2020).]

I went down to his house early this morning and sorted him out ('folksy' style as you put it). Sis called a few minutes ago and he's over there with a 24' batwing mowing up a storm.
A shame too. You can't mow weeds and brush without mowing down forage as well and I'm not much on mowing down good cow feed, which is why I spray instead of mowing. You only have to spray once in mid spring and you're done for the year, and each year, you have less and less stuff coming up.

quote Originally posted by maryjane: I went down to his house early this morning and sorted him out ('folksy' style as you put it).