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Farm Lease after death of landowner.

  • 06-11-2023 8:01pm
    #1
    ROE2019
    Registered Users, Registered Users 2 Posts: 4 ✭


    Hi all, I lease farmland that I work on. I have a number of years remaining on this lease, but the land owner has since passed away. Does this lease stand until the end of term, or can the new land owners terminate the lease?



Comments

  • #2
    Rusheseverywhere
    Registered Users, Registered Users 2 Posts: 319 ✭✭Rusheseverywhere


    https://www.boards.ie/discussion/2058321429/farm-lease-after-death-of-landowner

    Lease Should stay until the end of the term. You have a legal interest in the land under the lease. Assume you registered it?

    https://www.propertypriceregister.ie/website/npsra/pprweb-com.nsf/PPR?OpenForm

    You should find it there



  • #3
    farmerd
    Registered Users, Registered Users 2 Posts: 14 ✭farmerd


    I was talking to a Teagasc official, recently, who maintained that their experience was that the lease ended with the death of the owner.

    I think this is very unfair on a lesser who has invested heavily ,within a long term lease.



  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Would this scenario typically be covered by a clause in the lease?

    If yes, the answer is to read the terms of the lease.

    If not, it may come down to what the new owners want to do with the land. They may be content to continue to accept the rent the OP is paying. Or they may want to sell straight away, especially if any of them live abroad and have no sentimental attachment to the land. Either way, if there's more than one beneficiary, a quick sale may be the preferred option.



  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    https://www.boards.ie/discussion/comment/122502838#Comment_122502838

    I wonder if they misspoke.

    From what I understand, there are two main lease patterns in farming.

    11 month leases, with no right to renew, but the flip side is that the tenant has no incentive to invest. I can imagine such leases not being renewed on the death of the owner, but I doubt they are forfeit if the owner dies in the middle of the crop season.

    Longer leases, with a right to renew. I can imagine such leases being renewed primarily on commercial considerations. If the new owner wishes to sell, they sell with a sitting tenant. If both sides know each other I can imagine a sitting tenant not enforcing their right to a new lease, but that would be on social and personal considerations, not legal ones.



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