I entered into a lease of my farm land to a local farmer. The lease is for a five (5) year term.I have received a contract from another prty to buy the farmland. The lease only have a clause pretaining to termination which reads ''paragraph (25) Return of Land to Condition. Upon the termination of this lease for any reason whatsoever, the Lessee shall return the land to its orginal condition, including, but not limited to, where necessary, liming, fertilizing, and sowing in small grain or hay as the Lessor may require.'' My question is: Can I terminated the lease before the five year term has expired and sell same to the Buyer who has give me an Offer? Can the lease be terminated as stated therein for any reason whatsoever?
1 Answer from Attorneys
Re: Farm Lease
The lease provision which you've cited does not (in my opinion)refer to either party's right to unconditionally terminate this lease, but rather to the requirement that the lessee return the land to its original condition irrespective of the reason
for the lease's termination.
(You could still sell the land to this prospective buyer, but he would take title subject to the current lease.)
Related Questions & Answers
Confessed Judgement in Virginia I want to know how to answer a 21 days answer for a... Asked 7/01/09, 8:57 am in United States Virginia Business Law
Sub-Contractor law I work for a Security company who uses Sub- Contractors all over... Asked 6/18/09, 1:41 pm in United States Virginia Business Law
Workman's Compensatation If I pass out on the job, will workman's compensation pay... Asked 6/15/09, 2:54 pm in United States Virginia Business Law
Performance Damages in Banquet Contract I'm party to a contract with a hotel that... Asked 6/11/09, 9:25 pm in United States Virginia Business Law
Recovering Money I am a sub contractor. How do I go about getting paid for services... Asked 6/11/09, 11:57 am in United States Virginia Business Law