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?

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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 11 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.


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