Question
Farmacre is a 100-acre tract of farmland in a Midwestern state. Farmland was owned by Les and Sue, each owning a 50% interest. They were
Farmacre is a 100-acre tract of farmland in a Midwestern state. Farmland was owned by Les and Sue, each owning a 50% interest. They were each conveyed their interest in a conveyance from their father which read: "to Les and Sue, jointly." Sue was employed at a hospital in the Northeast and never expressed any interest in operating the farm. Les chose to operate the farm and grow soybeans. Les did not pay any rent to Sue and kept all the proceeds from his soybean crops. While Sue was in Europe on three-month business trip, Les entered into a 5-year lease with Tom for the entire farm. The rent was $1,000 per month. The lease also provided that occupation and use of the farm was for agricultural purposes and the farm was to be operated in an efficient manner to conserve the landlord's property. Tom planted soybean crops each year for three years and timely paid the monthly rent to Les. Les did not give any of the rent to Sue. Prior to planting his alfalfa crops the next year, Tom discovered an oil deposit under 20 acres of the farm. Tom used the 20 acres to erect and operate an oil-drilling rig and planted soybeans on the other 80 acres of the farm. Tom timely paid the monthly rent for the entire four-year period. Sue returned from Europe and attended a family reunion where she first learned of the activities of Les and Tom. Sue now claims that she is entitled to share of all the proceeds of Les and Tom's use of the farm. At the end of the fourth year of the lease, Les first learned of Tom's oil drilling. Les immediately went and changed the locks on the house and barn located on Farmland. Tom could have gained access to the house and barn by other means, but chose to move out. He has paid no rent since moving out. I. What rights, if any, does Sue have against Les? Discuss. II. What rights, if any, does Les have against Tom? Discuss. III. What rights, if any, does Sue have against Tom? Discuss.
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