If I havethe owner’s permission to go on their leased land, can their tenant keep me out?

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If I havethe owner’s permission to go on their leased land, can their tenant keep me out?

I bought 4 wheelers for my kids and have 80 acres behind my house. The property owner said is OK to ride on the land but someone is leasing it to grow crops (peanuts and watermelon not in season). The tenant tried to keep us out of the land by digging a big hole at the gate to go out. Is it legal to go on the land?

Asked on December 30, 2011 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would not take the chance of going on the land at this point in time.  If the owners' permission was verbal and there is a lease in place for the land then the lease will over ride the verbal permission.  But even if there is written permission to go on the land it could violate the rights of the tenant and their lease and subject you and the owner to being sued.  Even if the crops are not in season you and the 4 wheelers could indeed cause damage to the soil thereby compromising the investment the tenant has put in to the land.  This guidance assumes that  tenant has control under the lease.  Without seeing it and knowing more about the rights of each party I think it is best for you to steer clear. 


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