Jackson, MI asked in Business Formation and Real Estate Law for Michigan

Q: A farmer who was going to lease my property this year planted wheat last year without having a lease for my property

no payment for rent was ever made either....is it now legally mine?

1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

A: This depends on whether or not a Tenancy by sufferance was created. Did he lease the land last year? Did you intend to reduce this to writing but just never got around to doing that? Was there some sort of VERBAL lease (never a good idea, but it is OFTEN done particularly with farm land!) Has the proposed tenant not communicated with you at all since planting the wheat? What was said at the time he was on the land planting?

There is no 'black and white' answer to this, but it would make sense for you to decide what is going on before the wheat is ready for harvest! If nothing else, you are certainly owed money for land rent! Seek local legal help to walk you through the process of what you need to do to claim the proceeds of the harvest, and/or if you might have other options here. A MUCH more thorough discussion of all the facts is necessary before you can get any real legal opinions!

Seek that local attorney opinion ASAP!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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