Legal Question in Real Estate Law in Illinois

I am a member of a fishing club on a lake. The club has leased this place for 60 years, now the owner wants to much money for the lease, the club does not have this kind of money, If was to close the lake does he have to pay us for our cabins.


Asked on 10/14/10, 11:01 pm

3 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

It would depend on the terms of the lease agreement, and the respective ownership interests in the lake and the cabins. You should have an attorney review the relevant documents.

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Answered on 10/20/10, 9:01 am

I agree. Has anyone ever done a complete title search to find out whose lake it is (has everyone just "assumed" the landlord is the rightful party?) and what, if any, rights, adjacent "cabin" owners may have regardless - like some easement rights perhaps -- riparian rights?? Without a complete review and understanding you may be right and about the only thing you can do is negotiate, but I guess my question would be - is the "landlord" really willing to go from $$$ to $0? That seems like a reason to sit down and talk if nothing else.....or something else is going on that the "club" could work out with the landlord? Just some ideas.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/20/10, 10:13 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I agree with both attorneys and suggest that you obtain a copy of the lease along iwht the search and have na attorney review the documents to see whether you are in a position to negotiate.

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Answered on 10/21/10, 4:32 am


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