Do Previous Land Leases Transfer to New Owners?

Status
Not open for further replies.

samiamscott

New Member
Four years ago we purchased a house at the end of a private road. As per our county laws, everyone who lives along this private road (There are eight of us...four on each side with one acre lots each) has to have a 50 foot strip of land from the county road to their property. So there are four 50 foot strips on each side of our private road.

When we bought our house, we were given a lease that existed between the first two owners who agreed to swap land use with a $1 a year lease. This $1 does not get exchanged since it's even. Our neighbors use their portion of our 50-foot strip as a front yard, and they have planted trees on it, placed lighting on it, and had water sprinklers installed even though the leases state they cannot do that.

Recently this neighbor said they had an adverse possession case because they have lived there for ten years now and have been using that land. We spoke with them and realized that they don't have copies of the leases that existed before (or they are hiding it).

My question is....is a lease transferrable from owner to owner? Upon closing on the house, we had to sign that we received copies of the lease, but we don't know if our neighbors did. The leases are still in the names of the previous owners, and they don't expire for five more years.

The land in question is ideal land for growing grapes, and we want to use it for that when the leases are up.

So...are leases transferrable to new owners? We read the leases carefully, and they are very specific and were done by professional attorney 15 years ago. But there is no language that states the leases are good no matter who buys the houses or property.

Thank you for your insights. Hope this was not too long.
 
They can't claim the land by adverse possession if the property was leased to them since the use is permissive. While your description of the situation is clear to you, it is not at all clear to me. I suggest that you see if the attorney is still around and have him explain your rights.

If the leases are enforceable, they should run with the land and transfer from owner to owner.
 
Thanks LWPat. It looks like the leases do transfer from owner to owner. It's a good thing and a bad thing. We would love to be able to use that land for farming...they just use it for decoration. But we can't break the lease. However, the lease does protect us against them from taking it away via adverse possession.

You are right. It is very complicated. Real estate law confuses me a great deal. Especially when contentious neighbors are in play.

Thanks to all of you for your help.
 
Status
Not open for further replies.
Back
Top