Skip to Content.
Sympa Menu

market-farming - Re: [Market-farming] displaced farmers

market-farming AT lists.ibiblio.org

Subject: Market Farming

List archive

Chronological Thread  
  • From: Etienne Goyer <etienne.goyer AT outlands.ca>
  • To: Market Farming <market-farming AT lists.ibiblio.org>
  • Subject: Re: [Market-farming] displaced farmers
  • Date: Thu, 10 Dec 2009 10:58:50 -0500

Allan Balliett wrote:
> Sorry, Robert - It has been my experience, and the experience of
> other farmers that I know, that land leases always boil down to 'the
> will of the owner.' If he's tired of having a farmer on his land, it
> don't matter what the lease says.
<...snip...>
> If you've worked around the weakness of farm leases, I'd like to hear
> how because I'm again in a lease situation and the land was recently
> subdivided (on paper, 36 acres has become 3 parcels of land), so, bad
> economy aside, the writing is on the wall, no?

I understand nobody here is an actual attorney, and only provide their
own perspectige for discussion, but I find the above a very surprising
statement. It is my understanding is that a lease is a binding
contract, and as such cannot be voided at will by the landowner (unless
there is a clause saying so in the lease). Isn't it? Why would it boil
down to the "will of the owner"? Is it simply because the owner is
usually is a better financial position to sustain the litigation process?


That question is very interesting to me, because I am considering a
long-term (30~50 years) lease for the piece of land I would like to
farm, as I cannot buy it (for legal, not financial, reasons). I am in
an entirely different juridiction than you are, and the rule of law here
is quite different than what it is in the US (the Province of Québec
legal system is based on the French Civil Code, not the British Common
Law). In any case, I am expecting the lease I am looking forward to
sign to be notarized, so I am reasonably certain that it will, indeed,
be binding.

That kinda remind that I should actually consult a notary ahead of the
negociation to clear up the question. Yep, let's do that!

Cheers, and good vibes to Doreen :)

Etienne






Archive powered by MHonArc 2.6.24.

Top of Page