Legal Question in Landlord & Tenant Law in Pennsylvania
I own 2 acres and I lease about an acre plus 2 buildings to an organization.
I want to sell my property.
When I sell my property, does the organization have to negotiate a new lease with the new owner?
Am I allowed to sell my property even though they have a lease for some of it?
The lease does not address the issue of what happens if the property is sold. It just says that the current lease between me and them is good for 99 years. But, I want to sell my property.
They own the 2 buildings on the property because it was their money that built them, but do I still have the right to sell my property and then tell the lessee that they will have to negotiate a new lease with the new owner?
1 Answer from Attorneys
Without looking at the leases, why would an entity build buildings on land that it does not own? Usually anything built on the landlord's property which becomes attached to the land becomes the LANDLORD's property. And why would you make a lease for 99 years????
Its your land. You can do what you want with it including selling it.
However, you are going to have a very difficult time selling land on which the organization has its buildings. I would suggest that you subdivide the land and enter into a purchase agreement with the organization for the purchase of the land on which their building sits. You can then sell your 2 acres to anyone else.
If you sell the entire parcel (assuming that you find a buyer) they will take subject to the existing lease. They could evict the tenant at the end of the 99 years if they wanted to. As I said, unless some is looking for commercial property to rent you may have a tough time selling this parcel to any other buyer.
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