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 Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 118137
Experience:  Attorney with over 24 years experience.
Type Your Landlord-Tenant Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I acquired a real property in 2007. It has a 60 year lease

Customer Question

I acquired a real property in 2007. It has a 60 year lease that began in March of 1964 and expires in 2024.
In 1965 the person who rented the vacant property, leased a portion of the property to gas station under a separate lease.
This sub lease has been re-assigned to varying fuel companies over the years.
In 1989 an automobile company acquired the master lease and the sub lease with the thought of building a car parking lot on a portion of this property.
In 1989 contamination was discovered on the property due to a leak in one of the buried tanks that serves the gas station.
In 2002 the tenant re-let to the gas station but relied on the sub-lease not the master lease and granted extensions/options to the gas station, if for 6 years beyond my master lease or until 2030.
What is my exposure to a contamination suit or is the responsibility with the tenant and him leasing it to the gas station?
How can the tenant/car agency, do that, do I have any recall?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

They cannot lease the property beyond the scope of their authority under the master lease. So they have no right to lease it beyond 2024 and that lease is void and you would be able to move to remove that lease or have it modified.

As far as the contamination, you as the property owner are ultimately liable, but you would have recourse to sue the party who owned the tanks or had them installed, which would be the gas station to make them pay for the contamination their tanks caused you to incur fees to clean up.