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Land lease after land owner dies

  • 28-11-2017 3:30pm
    #1
    Registered Users, Registered Users 2 Posts: 1,042 ✭✭✭


    I’m leasing land from a family for the last 7 years. In the last couple of weeks the person who legally owned the farm and who’s name was on the lease has passed away. I always dealt with the owners son with rent etc and I’m due to pay this years rent in 2 weeks time. I don’t want to approach the family about this so soon after their loss but what happens to my lease now ? Is it effectively gone due to the death of the official owner. I presume the farm was willed to someone in the family so I will probably have to start a new contract with them named as owner but for now do I just carry on as normal or stay away from the land until the new lease is sorted out.


Comments

  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Why are you asking the internet?

    We dont know if he had a will.

    Read the lease.


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Well as land and livelyhood is involved I would always check with a solicitor

    The landlord and tenant act 1851 would suggest that you continue to lease the land under the current terms til the end of the year.

    I'm sure there must be more upto date legislation that us relevant. Perhaps a read of the lease may be helpful.


  • Registered Users, Registered Users 2 Posts: 1,042 ✭✭✭Luckysasha


    The lease makes no mention of this situation. I tried contacting my own solicitor this morning but he is off for a couple of weeks. Speaking to another solicitor in his office she doesn’t deal with the farming side of things but she did mention that even if a will is in place it still could take up to six months to sort out the land as the will could be contested. I’m just wondering if anyone has come across a situation like this before. Don’t really need my head bitten off for asking a question on an open forum thanks.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Sorry. legal advice may not be given on this forum. Talk to your solicitor. Thread closed


This discussion has been closed.
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