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UApproximately 30 years ago, my grandfather leased a piece of land to an individual for the purpose of removing clay. The lease agreement was initially for a period of 25 years, with an additional clause stating: ‘The period of 25 years mentioned above may be extended for a further period of 5 years at the option of the Purchaser.”
After my grandfather passed away 18 years ago, the property, along with other assets, was divided among his heirs, and this specific land is now jointly owned by his three daughters – one of them being my mum.
The lessee has now filed an injunction, claiming that the agreement allows him 30 years to operate (until May 2025) and is further requesting an extension of 1.5 years, citing the inability to excavate during the COVID-19 lockdown period. The lease agreement also explicitly states that it binds the seller and their respective heirs, successors, and assigns.
He now has complained at the police station and we will be going tomorrow. How can we stop him?Please someone help me with my questions so that we can give him a befitting answer tomorrow at the station. If needed we will take this to the court.
1. The clause about extending the lease, is it truly binding without further negotiation or consent? Should there not be a new agreement for extending? Or just because it says at the option of the purchaser he doesn’t need it?
2.Should he not negotiate a fresh agreement with the current owners after the land has been transferred?He didn’t visit even when grandpa passed away and now suddenly shows up. He initially offered us some money but when we didn’t agree he threatened us to take us to high court, supreme court (his words)
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ULesse extension has to be jointly extended after both parties agree. Take him to court if that’s what he wants
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ALawyer here.
Lease cannot be extended unless both parties agrees. When was 25 years ending? Is there a force majure clause in contract?
Hire a good lawyer!
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UHi. The 25 years ended in May 2020. He is doing all of this drama saying that he has 5 more years of extension which was never agreed upon by us. Just because it says “at the option of the purchaser the period can be extended by 5 years, he says that he can extend it by 5 years on his own.
And no I don’t think there’s a force majeure clause in the contract.Yes we have hired a lawyer. Thank you:)
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