Best if printed in landscape.

This workshop is an opportunity to discuss legal issues you have recently encountered. It ialso s a time for us to learn about the questions you are asked and to explore how we can be a resource for you.

Recent question --

Am I responsible for keeping my livestock on my land or is my neighbor responsible for protecting his land from my livestock? Who has to maintain the fence? Who is responsible for resolving a fence line dispute? (fence viewers at N.D.C.C. §47-26-07)

Recent question --

"What rights do others have to use a section line along my land?"

Recent question --

"I sublease cropland from a farmer; he is leasing it from the owner. The sublease agreement is quite extensive but does not prohibit the production of any specific crops. I am about to harvest crop X and the owner is demanding a payment from me on the basis that the owner told the farmer that crop X could not be raised.

"Do I have to pay the fee to the owner? Should this be a matter for the farmer to resolve, after all he is the one who entered into the agreement with the owner?

"The lease agreement between the owner and farmer (which I have not seen) apparently is short and does not prohibit raising crop X, but the owner states that he informed the farmer last spring that crop X could not be raised on the land.

"Did the farmer have the right to sublease to me? What crops may I raise on the land? Do I have to pay the owner?"

What rights does the farmer have in the leased land? The right to sublease? The right to raise crop X?

To what extent can a subsequent oral statement modify a written agreement?

Does the owner have the right to make a claim against the subtenant?

N.D.C.C. §47-16-30. Remedies against assignees of lessee. Whatever remedies the lessor of any real property has against the lessor's immediate lessee for the breach of an agreement in the lease or for recovery of the possession, the lessor also has against the assignees of the lessee for any claim for relief accruing while they are such assignees ...

Does the subtenant have a claim against the farmer? What rights does the subtenant have in the property? What rights does the subtenant have for breach of a lease (contract)?

N.D.C.C. §47-16-08. Quiet possession of leased property. An agreement to lease real property binds the lessor to secure to the lessee the quiet possession of such property during the term of the lease against all persons lawfully claiming the same.

Last updated October 23, 2005

E-Mail agecinf@ndsuext.nodak.edu
Published by Agribusiness and Applied Economics
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North Dakota State University, Fargo, ND 58105-5636
Phone: (701) 231-7441
Fax: (701) 231-7400