My husband was given 40 acres of land by his mother. She continued to have it farmed after that. We have never had an agreement with the farmer (or any part of it) and are now trying to sell the property. We let her know on October 24 of last year that our intentions were to sell it this spring. She never told the farmer. Are we liable for their agreement, even tho we are the legal owners of the property and never had an agreement?
1 Answer from Attorneys
Sounds like the farmer had as year to year oral lease/tenancy, and so yes you may be bound to honor it. See an attorney, however, because a buyer may be willing to wait until the current term is up, and those dates are uncertain at this point. It may depend on the date the farmer normally paid rent, which may have been once a year when the crop came in.