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Life Lease Questions

Discussion in 'Other Ownership, Use & Privacy Issues' started by tab1of2, Nov 27, 2008.

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  1. tab1of2

    tab1of2 Law Topic Starter New Member

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    I'm the lessor(landlord) of this agreement what are my rights?(property is in Michigan) Does the lease end at the lessors death or the lesses death?
    Can I stop them from subleasing?
    Can they bury garbage?(I don't want them to)
    they keep cutting down trees; can i stop them?
    They built a house on the property and say that they can tare it down or move it; is that true?
    Is this Lease for a square of property or a triangle? Any other things that you may thing of please post!
    (Please note: I removed the names and addresses for security reasons.)

    Lease Agreement
    May 22,1996
    We the undersigned, on the above date, agree to the following lease agreement:

    We ____ and ____ of ____ , ____ , ____ ,
    Agree to give a lifetime lease to ____ and ____ of ____ ., ____ , ____ , on a parcel of property owned by us. Description as follows: Beginning at the N.W. corner and running 300 feet East and from same beginning corner running 350 feet South.
    All parties agree to the following:
    1.) Woods is to be maintained in good condition with no build-up of unnecessary clutter (such as open dumping or junk vehicles) with only necessary trees being removed for reasons such as: removal of building site, clearing driveways and thinning to maintain health a beauty of wood site. Felled trees to be used by leasees as desired.
    2.) Leasees to maintain both driveways on said property.
    3.) Leasees may put any housing and storage structure (such as pole barn or garage) on property the township allows. Leasees are responsible for making sure all things concerning township codes or regulations are followed.
    4.) If taxes increase because of said structures put upon property by leasees, said leasees herein agree to pay the increase.


    Prepared by: Signed by:
    ____ ____
    ____
    ____
    ____
    Witnesses:
    ` ____
    ____
    Notary Public:
    ____
     
    Last edited: Nov 27, 2008
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    What state do you live in?

    Gail
     
  3. tab1of2

    tab1of2 Law Topic Starter New Member

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    The state in which the property is and was signed is Michigan
     
  4. dee_dub

    dee_dub Moderator

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    I've never heard of a lease for the life of the lessor - it's always for the lessee. Yours doesn't specify, but I would assume that's what the parties intended, unless you have reason to think otherwise.

    Triangle or square - how have the parties treated it so far?
     
  5. tab1of2

    tab1of2 Law Topic Starter New Member

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    I had Thought that it was the life of the lessor but they (the lessors) said that it was a 99 year lease. Also if one of the to lesses dies what happens?

    I don't think that it was ever really stated that is was either triangle or square, But I think that it suppose to be a triangle but the lessors say that it's a square.
     
    Last edited: Nov 27, 2008
  6. dee_dub

    dee_dub Moderator

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    I'm not an expert on Michigan property law, this is based solely on general principles. You should consult a Michigan lawyer to confirm this.

    I don't see any reason it would be a 99-year lease.

    A life lease to two persons continues for the life of the surviving tenant.

    That's fine, obviously the contract is unclear. The question is, in order to clarify its meaning it would be helpful to know what the parties TREATED IT as meaning. This lease has run since 1996. What parcel of land have the lessees used? Has the lessor used that part of the rectangle lying outside the triangle, or told the lessee not to use it?
     
  7. tab1of2

    tab1of2 Law Topic Starter New Member

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    Well I Have a fence and a driveway on the part of the rectangle lying outside the triangle.
     
  8. dee_dub

    dee_dub Moderator

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    Well, that's something to go on. Now consider what else there might be. Does the fence mark the triangle? Do the tenants use the fence, or property on the other side of the fence? Is the driveway for your sole use? Has anybody erected anything else, or done anything else, on the non-triangle part of the property? Who, when, why?

    You know the facts, I don't. You can come to a reasonable conclusion.

    Let me ask you this: why is this an issue?
     

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