Legal Question in Business Law in Virginia

Farm Lease

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?

Asked on 7/03/09, 9:54 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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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.)

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Answered on 7/03/09, 10:09 am

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