Teresa & Mike CHS - Our journal

greybeard

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We have four families that own the hole thing and our deeds have a provision of "rights of first refusal"
There have been several states in which their state courts have thrown those kind of proviso out..as being a discriminatory practice if it can be shown that the contract on the deed is shown to purposely exclude any person or demographic group..the "We don't want your kind round heah".

ROFRs can be gotten around several ways and the most common is the first offer (3rd party) being so high that the holder of the right can't/doesn't meet or exceed that offer.
ROFRs are basically just right of first negotiation, and most land owners put their land on the open market because offering it only the the right holder(s) limits the amount they can be offered for it.

It's ironic that ROFRs comes up in this context here at BYH, considering how many times it has been said here by town people wanting to move out in the country can't get their foot in the door because landowner families and groups don't want to sell to anyone outside family or neighbors.
 

greybeard

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Key thing to remember is the property owner(s) almost always want to maximize their own ROI, regardless of whether a ROFR or ROFO is in place or not. They may not have thought that way back when they granted the right, but they always think that way when it comes time to sell.
In most cases, that first offer by the rights holder makes the right null if it isn't accepted by the rights grantor and that rights grantor most times has no legal obligation whatsoever to accept the rights holder's first offer.
I can't really think of one good finanicial reason for granting ROFR to anyone.
 

Mike CHS

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I guess it depends more on the integrity of the people that enter into a contract. Just for info, the only original holder in this group has been offered all of the other remaining parcels. He did buy one 5 acre parcel that adjoins his yard but he didn't want or need the others. Since he has what he wants, the owners listed them on the market. All of the three non locals bought from those that had the agreement. I'm sure there are enough holes in these kind of agreements to make them worthless but I'll stick with my hand shake.

I'm glad I don't have your view of the human character.
 

greybeard

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I tend to look at the world as it really is and not as I would like it to be, think it should be, and certainly not, as I am. I do lots of business on a handshake, verbal, etc, but I know those kinds of agreements won't hold a single drop of water if a 3rd party gets involved and wants to challenge.
Seen it happen right here at BYH more than once.
A good 'almost' airtight real estate agreement including a ROFR is many pages long.
 

Mike CHS

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We bought smallish round bales last year because of lift limitations on my tractor but we now have a great source for large round bales to get us through in the event of any drought this summer. Our closest neighbor offered the use of his tractor to move them around as needed since we help each other with odds and ends projects. This will be our winter hay if we don't need it this summer. The ram lambs will get weaned in the next couple of weeks and moved to the dry lot until they go to market.

Looking at the calendar, we could be seeing the next lambing as early as tomorrow.
 

Mike CHS

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Teresa and I went down and brought the breeders in to give two of the twelve a dose of garlic concentrate and two that had a high enough egg count that we went ahead and wormed them. Of the other eight, the worm count was still zero in four of them and marginal in the other four and they haven't been wormed since the fall. All of the senior ewes except one is gaining condition and should gain even faster when we pull lambs next week. This group doesn't have a catch pen area but the girl we want to pull a fecal from is one of the original and hand tame. The way things are working we will put the ram in with the whole herd in September. We are planning on taking more head into winter but the actual number is unknown at this point since we still early on the cull list of this years lambs.

I'm heading down to Ardmore in a few minutes to pick up 1000 lbs of feed.
 
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