Legal Question in Real Estate Law in California

Does the right to farm a property in and of itself give the holder of that right authority to lease the property out to another entity to farm?


Asked on 3/08/10, 4:03 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You have to look at the contract between the original parties and perhaps even the circumstances to interpret that which is ambiguous. If the contract is silent but you are a small minority business person leasing from the government and you then sub-lease to a massive farming corporation, a court would likely void the original agreement since the sub-lease goes against the purposes of the initial lease.

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Answered on 3/13/10, 6:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A "right to farm a property" can be given from the land owner to the farmer in several different formats or contexts. The person holding the "right to farm" cannot ever give someone else greater rights that he himself has. So, whether the right to farm is a short-term license given under a contract, or an easement, or a lease for one or more seasons or years, etc., may limit or determine what can be granted to another by assignment and delegation. California law and policy tends to favor the right to assign privileges and delegate duties, although the person assigning or delegating remains liable on the contract unless released by the other party.

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Answered on 3/13/10, 10:02 pm


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