If my brother is renting land but has a gas sub-station sitting on 2 acres of the property, what are his rights for being deprived of the use of that acreage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my brother is renting land but has a gas sub-station sitting on 2 acres of the property, what are his rights for being deprived of the use of that acreage?
My brother has been making payments on 14 acres of land for the past 8 years. 2 of those acres are fenced off and have a gas sub-station sitting on it. He has never received a lease payment from the gas company for depriving him of use for those acres. Does he have a case against either the landlord or the gas company?
Asked on November 15, 2010 under Real Estate Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If the substation was there when your brother leased the land, then there is no chance he'd have a claim for compensation; he leased the land pursuant to it having a gas substation on it. (One possible exception: he leased the land without the opportunity to first inspect it, when the landlord had represented--or rather, misrepresented--that he would nhave use of the full 14 acres; in that case, the misrepresentation might give rise to a claim for a reduction in the lease payments or compensation). Similarly, even if the substation were not there when he leased, but your brother knew or had reason to know one would be put up, he would not have a claim. If on the other hand there was no substation and no reason to anticipate one when he rented--and it's clear that he as renting all 14 acres--but the substation was subsequently put it, he might have a claim for a reduction, even retroactive, in his lease payments since he's no longer getting what he agreed to or is paying for.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.