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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6196
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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What rights do I have as a tenant farmer..do not own the land

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What rights do I have as a tenant farmer..do not own the land or any mineral rights...I have two irrigation center pivots on a farm I crop-rent from an estate. Two oil wells have been drilled which will interfere with my pivot sysytem. They are at present being completed. I have asked for some system where I can continue irrigating this land and as yet have not been given any answers. What rights do I have? I have farmed this land since 1995 and the irrigation systems have been operating all this time.

Leslie, Esq. :

Welcome and thank you for your question. I will be the professional that will be assisting you.

Leslie, Esq. :

Do you have a lese?

Customer:

no lease. just a rental agreement.

Leslie, Esq. :

Is the rental agreement with the land owner?

Customer:

yes

Leslie, Esq. :

And the owner will not assist you with the interference from the oil company?

Leslie, Esq. :

You have every right to file an action against the company for interference with your crops.

Customer:

Yes we have discussed the fact we wil lose substantial "irrigated" land and landowners not happy with that fact either....but no real contact with oil company as yet.

Leslie, Esq. :

You can file an injunction against them to cease and desist moving the pivots.

Customer:

I don't understand ...I don't want what you mean!

Customer:

I don't "know'....

Leslie, Esq. :

You have rights to seek a court order to have them stop

Leslie, Esq. :



Interfering with your crops

Leslie, Esq. :

You have the legal standing to file an action in court against the oil company

Leslie, Esq. :

You asked if you have rights. Yes you have rights. You have the legal right to farm your crops without interference.

Customer:

You mean I can stop them from setting a "tall" pump jack which my pivot system can not go over?

Leslie, Esq. :

If this with your rights under your rental agreement, yes

Leslie, Esq. :



"hinders"

Leslie, Esq. :

You stated that you have a rental agreement, is the drilling and other activity hindering your ability to farm?

Customer:

Yes it will interfere with the pivot making a complete circle unless they install a smaller size pump jack or place the pump jack in a hole so my pivot can go over it. Therefore "limiting" the amount of irrigated acres.

Leslie, Esq. :

Anytime you enter into a rental agreement, you have the right to use the real property, land or a structure for the use intended under the terms of the agreement

Leslie, Esq. :

Any third party interference against your rights is actionable by you against that party.

Customer:

ok so who can I talk to about getting the injunction? there are no lawyers here in my little town..who in Abilene or in Lubbock, Texas. Know anyone?

Leslie, Esq. :

Unfortunately pursuant to the terms of service of the site we are not permitted to refer a specific attorney.

Leslie, Esq. :

This is a link for attorneys in your area



http://lawyers.findlaw.com/lawyer/firm/Real-Estate-Law/Lubbock/Texas


'

Customer:

Okay.....I understand. But do you recomend this action far as you know?

Leslie, Esq. :

If the owner can assist you that would be the best route

Customer:

I am waiting to hear from the executor of the estate as to what the oil company owner says to him. I will tell you that I did offer to limit the pivot to a part circle if the oil company would pay for the "stops" at each end of travel. Oil company told the representative to tell me that was awaste of money!!

Leslie, Esq. :

The executor needs to intervene or you have an action against both the executor and the oil company

Customer:

Really? I want no trouble with the executor/land owners because they are sumpathetic to my cause or at least are saying so. It involves money to them from not being able to fully irrigate the full amount of acres.

Leslie, Esq. :

Are the wells permitted on the land by the executor?

Customer:

I suppose they are in the oil lease agreement between land owners and oil company.

Leslie, Esq. :

That is my point.

Customer:

So then...do my rights still exist as you said?

Leslie, Esq. :

You have rights against those those that interfere with your crops and the owner of the land

Leslie, Esq. :

Do you have any additional questions for me today?

Customer:

I guess not..thank you

Leslie, Esq. :

I hope the information I provided was helpful

Leslie, Esq. :

Best wishes with your crops!

Leslie, Esq. :

Thank you for using JA!

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