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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100373
Experience:  Lawyer
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I am the owner of rural property in N/E British Columbia. I

Customer Question

I am the owner of rural property in N/E British Columbia. I have had this property leased to a coal mine. They do not have use of this land as it is a non-resident lease for me to not live there, The mine is now in a shut down for last 2 years and looking like longer. I would like to know what I can do to end this lease and have residence on my land again.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Have you asked about terminating the lease?

Are you being paid rent still?

Customer: replied 1 year ago.
I have reviewed the lease. It's complicated. I get a yearly lease payment.
Customer: replied 1 year ago.
I have asked for an ammendment to live on the land and suspend lease payments for the time the mine is in shut down. The mine company said no. I am asking to terminate the mine now.
Customer: replied 1 year ago.
Sorry...not mine. Lease with the mine.
Expert:  Debra replied 1 year ago.

Is there anything in the lease that you can see that would allow for early termination?

How much longer does this go on for?

Customer: replied 1 year ago.
Thank you, ***** ***** been away this last week. I was reviewing the lease. It started in 2004 and says 29 years or til reclamation is complete. It also says that lease payments are half when mine is closed. It is not closed but is in reduced production and/or limited operations. They started half payments last year and this year. Can I attach a copy of the lease here or send a copy somewhere for you to review?
Thank you, ***** *****
Expert:  Debra replied 1 year ago.

I am not permitted to review legal documentation.

But it sounds to me that you can't end the lease but you can require them to pay higher rent.

If you wish a lawyer to review the lease then you have to consult with a local lawyer face-to-face.

Customer: replied 1 year ago.
Ok so new info. The lease is in Canada. The main company has filed bankruptcy in the US. I have received a copy as a creditor. Hmm but I was paid a lease payment from the Mine in BC. I figured as long as payments are made we still have a lease. Would the lease become void if they don't make payment? I have asked to end the lease. Weird situation.
Expert:  Debra replied 1 year ago.

Yes it is weird. I am starting to feel like I am writing a law school exam!

If they breach the lease then you can treat the lease as at an end. So if they stop paying rent you will be free of them.

But if they do pay rent their declaring bankruptcy in the US won't help you now though it is a good sign they will soon be gone I would think.

Customer: replied 1 year ago.
Thank you. My thinking as well. I appreciate the insights.
Expert:  Debra replied 1 year ago.

You are very welcome.

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