When the dispute concerns the assets themselves
Farm property disputes may arise from a sale, financing arrangement, business separation or disagreement over the use of assets. The documents may identify an owner without fully resolving another party's claimed interest or right to possession.
MJB Law examines the acquisition and use of the property, the governing agreements and the competing claims. The practical questions include whether the asset can continue to be used, whether removal is threatened and what the dispute means for the operation.
Grain bins, equipment and competing claims
Matters may involve:
- Ownership and possession of farm equipment.
- Grain bins and other property claimed to be fixtures.
- Rights to use, sell or remove disputed assets.
- Agreements concerning equipment acquisition and use.
- Conflicts among owners, purchasers and secured parties.
- The relationship between land ownership and property installed on the land.
These disputes require attention to the particular asset. An invoice, financing statement or physical attachment may be relevant without answering every ownership, classification or priority question.
Published appellate experience involving grain bins
Matthew represented AFB, Inc. in Lighthouse Management Group, Inc. v. Oberg Family Farms, a published Minnesota Court of Appeals decision addressing whether grain bins were fixtures or personal property.
The court identified factors concerning removal, damage, independent value and the parties' intent, and reversed and remanded for further proceedings. The decision did not establish that all grain bins fall into one category.
That distinction matters to farmers and farm owners as well as parties financing or supplying agricultural assets.
Read the Lighthouse case summary
Read the published Court of Appeals opinion
Building the factual record
Relevant evidence may include purchase agreements, invoices, leases, financing documents, installation records, photographs and communications about ownership or removal.
Where classification is disputed, the asset's physical characteristics and relationship to the land may need to be developed through evidence. Where ownership or possession is disputed, the transaction history and the parties' agreements may take priority.
Disputes centered on contractual obligations are addressed further on the farm contract disputes page. For assets held through a trust, see farm trust litigation.
Discuss your farm property dispute
Identify the asset, its location, the parties claiming an interest and any proposed sale or removal. Matthew can assess the legal issues and the available course of action.
Contact Matthew Bialick
952-239-3095
View Matthew's profile
Explore farm and agricultural litigation