How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attyadvisor Your Own Question

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3662
Experience:  25 years of experience in general practice, real estate law and estate law.
68197583
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

What rights do I have as a tenant farmer..do not own the land

Resolved Question:

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.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

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!

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3662
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 10 months ago.
Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.