hunting lease/legal question

[msumallardman]

I am considering buying a piece of property that is currently owned by a non-profit organization. However the property has a hunting lease on it from October 2007-September 2008. The non-profit has a simple one page written contract with the lessee and has already received their check for the 2007-2008 hunting season. The contract offers no language that would provide an "out" for the purchaser with the leasee upon transfer of the deed.

Could I argue that this lease would be void if I purchase the property since the contract was made with the non-profit and not me? (i.e. are hunting leases transferrable with ownership)

What remedies might I have if it is not void? (lease buyout, hunt with them for this year, etc.)

[sunnylab]

IN your sales contract you should have stated that all existing hunting leases would be void upon your purchase of the property...If the owner could not get out of the lease, then they would not be able to sell the land given that stipulation.

[dukewoody]

Leases on land run with the land, so your argument would not work. Same goes for easments over property. Looks like your stuck.

[sunnylab]

Their lease should also state that in the event of the owner
selling the property they would be given a certain amount of time written notice and the lease would terminate. NO the lease does not go with the transfer of title....the current leasees would have to hold the current owner responsible for their lease money to be paid back. The only legal recourse they will have is toward the current owner, not YOU.

[sunnylab]

At least thats the way I have done it in the past......

The law may be different and i will check.

[sunnylab]

IF they do not have an option to cancel the lease upon any sale...then
yes you may be responsible for upholding the lease agreement.

Your initial contract to purchase should state some type of language that would void all current leases, then the owner would pay their money back and cancel the lease....hence, transferring the property with no active leases.

I'm tryin to make sense, but i'm typing very fast....too much coffee.

[dukewoody]

If the land owner cannot get you out of the lease, and the lessee doesn't want to accept a buyout, then you are stuck until the lease expires.

[Jelly]

I have been told that if the lease is not recorded, you don't have to honor it.

[Law Duck]

Jelly is partially correct. If you do not have NOTICE of the lease you need not honor it. Ordinarilly when you are dealing with land, notice means that it is recorded, but you have been made aware of the lease and therefore I would think you would be required to honor it. Get them to reduce the sales price or take that into account when you are deciding what the property is "worth" to you.

[Hambone]

The lease runs with the land and your rights as purchaser will be subject to its terms. The fact that it is not recorded is irrelevant, since you have actual notice that it exists.