Dear NWOhioChevyGuy,
First as a fellow Ohioan and a GJ forum member, I am sorry to read about your ordeal. No one should have to deal with things like this when one buys a new home.
Secondly, as an attorney, I am glad that you have retained counsel. I am sure that you have spoken to your attorney about his familiarity and expertise with matters like yours. I am not sure how many attorneys there are in your local area and what areas of law they practice, but if I were in your circumstance, I would interview a few other attorneys and find one who has handled disputes arising out of land leases, contracts, zoning and land title issues. In other words, I would not settle for an attorney who practices probate and estate to handle a leasehold matter.
I can’t give you legal advice since I am not familiar with your case but I can offer a few things to consider:
1. I applaud you for “taking the high road” and wanting to maintain a civil and cordial relationship with your neighbor. You are a patient man. However, at some point you need to determine how badly you want the use of your two acres that are under lease to your neighbor. If you must have the use of that land, you need to explore your options regarding early termination of the lease. In the absence of an “out clause” or any early termination provisions in the lease agreement itself, this would probably involve going to court, demonstrating extenuating circumstances and having the court, in accordance with case law and Michigan statutes, determine the value of the remainder of the term of the lease. This would mean that you and your neighbor will not be having a beer at the local tavern or getting together socially. If the use of the land is important to you, you need to be very comfortable with the idea that you and your neighbor will not have a cordial relationship. If you do decide to pursue the idea of terminating the lease agreement, do make an informed decision. Do talk to your attorney about the estimating the cost of such an endeavor. I am sure that you being an intelligent person will compare the legal costs with the monetary loss that you would suffer if you cut you losses and sold your property now and found more accomodating neighbors.
2. If you decide that you do not want the use of the two acres, give some careful and long thought what you would want by way of a settlement from the party at fault, presumably the title company. You have to consider the money you spent on six acres which were warranted to be unencumbered by a lease; The loss you would suffer if you were to sell the property today with the knowledge of the lease; The property taxes you would pay over the remainder of the lease; The property insurance you would pay over the remainder of the lease; Time it took you to pursue the matter; The expenses, legal or otherwise, that you would not have incurred but for the title company’s negligence; etc.
Don’t take the first offer. Don’t float any numbers. Wait for their offer; counter with something that would cover all, and I mean all, of your expenses.
3. With the help of your counsel, consider other alternatives to explore. For instance: Can the property be rezoned; If the farming activity is happening close to your dwelling, is the use of farming equipment prohibiting your family from being able to enjoy the use of your home; Are there any nuisance or safety claims that can be made due to the use of heavy farm equipment, chemicals, pesticides etc. in your backyard; etc.
Again, this is a terrible ordeal. I wish you well. I will keep looking in the forum for updates.
