I may be jumping in a bit late here, but although the majority owner was not benefiting from the lease and the lease payments, his recourse should have been to take that up with the minority owner for the share of the payments that was due to him. Since the person who accepted the payments was an owner, albeit a minor one, he has a right to be on the property and he has the right to authorize others to be on that property.
Companies get on the hook all the time when a rogue manager authorizes a buy/sell contract that would never have been approved by senior management. Can they just fire the guy and cancel the contract because they don't like its terms? No, they have to honor the contract made or risk getting sued by the other party.
Based on the facts you have laid out, you have a claim against the minority owner who failed to deliver under the terms of the contract. You probably also have a claim against the majority owner who is interfering with your contractual rights. It may not be worth pursuing in court, but the fear of litigation go both ways - the majority owner does not want to have to shell out legal fees anymore than you guys do. Perhaps send him a well-worded letter outlining your rights under the terms of the contract - the contract that you are prepared to seek legal counsel to enforce. That may at least get his attention and get you all access to get your stuff.
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- by NutterButters
- Thu Jun 25, 2009 8:06 am
- Forum: Off-Topic
- Topic: UPDATE: Legal Question. Hunting lease locked, Still in
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