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Category: Landlord-Tenant
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i have a land lease and mining rights to a quarry in florida

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i have a land lease and mining rights to a quarry in florida that my corp has the operation lease , differentley and required permits from all governmental agencies are in a seperate company that i am the holder of the permits, under florida law i know the permits follow the permitte not the land owner .. i have a contract to supply rock and the rock delivered is in dispute and i wont pay the landowner his 15 percent of gross sales on that particuler rock but have paid royalty on all other sales ,no where on lease or royalty agreement does it read i pay for rock that is faulty ,the landowner took my chain of my leased land and put his own lock and sent a letter that i breached lease , i do not think this is his call since again there is no stipulation that i pay royalties no matter what in the lease ......verbally 3 years ago i said if the rock isnt approved for intended use i am not paying so owner was made awhere and that is why it is not on lease . do i take his lock off gate to my operation and put mine on and go back to mining 2 million in contracts ongoing so i will not default on customers and get sued by them

LADYLAWYER : Hello, Thanks for choosing! I look forward to helping you with legal information today.
LADYLAWYER : Does your lease or royalty agreement cover disputes and whether the landowner is permitted to exclude you from the land based on a potential breach of contract on your part?


LADYLAWYER : Thank you. In that case, he cannot lock you out.
LADYLAWYER : You can proceed as stated in your facts.
LADYLAWYER : His remedy, if he believes you breached the contract, is to sue you.
LADYLAWYER : But you do need to revise your lease and make it much more extensive in order to protect you better in the future.

so if the lease does not have definitive exclude or remove from premises for a potential dispute of breach, you are saying most likely he will need to take legal action to dispute this not just cut my lock and tell me over phone do not come into my leased land and equipment just clarifying

LADYLAWYER : That is correct. He has no self help remedy under the law. Even if the lease did grant him the authority to be able to do that, it would be questionable, at best.
LADYLAWYER : This is a civil issue and as long as you have a lease, he can kick and scream and call the cops if you go back on the land but they will tell him that it isn't their place to get involved and that he will have to take you to court if he thinks you breached the lease.

thank you verymuch, i thought it was not legal , but i was not sure , i will suggest you to all my associates on contract law , and will have other questions on other issues , this was my first time online, it sure was faster better legal and less costly

LADYLAWYER : You are more than welcome! So glad we could be a quick resource for you here.
LADYLAWYER : I strive for excellent service, so if you need anything else, please just let me know. If not, I hope that I did provide you with excellent service today and that your rating will reflect that. Thanks!
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