[emorris73]

I live in Indiana and lease a house with 3 acres and a barn on it. The landlord lives 2 houses and is constantly driving his four-wheeler through my yard and taking things in and out of the barn. He has gone so far as to tell me that I cannot store lawn mowers and such in the barn which is on the property which I pay for. Is this legal? Can he just drive around my yard whenever he wants?

[ebaines]

How does the lease decsribe what it is that you are renting? From that description is it clear that your lease includes the barn? And what (if anything) does it say about the landlord having access to the barn?

[smoothy]

You do know that he can simply refuse to renew your lease when it expires. Or next month if you have no lease now. So pick your battles carefully.

The lease will specifically name the house... but unless it specifically includes the barn... he can do it.

[emorris73]

The lease does not specifically mention the barn. It states "Tenant does hereby take and fire of and from Landlord, the following described premises commonly known and describes as (address).

[smoothy]

It does not include the barn then... as a barn is not an insignifcant outbuilding like a garden shed would be considered.

Access to it would be considered as right of access.

[JudyKayTee]

The lease does not specifically mention the barn. It states "Tenant does hereby take and fire of and from Landlord, the following described premises commonly known and describes as (address).

I don't understand this wording. "... hereby take and fire of and from Landlord ..."

[AK lawyer]

I don't understand this wording. "... hereby take and fire of and from Landlord ..."

My guess would be one of two things:

1. OP mis-typed whatever it says; or
2. When LL wrote it, he mis-copied some other document (probably which read "free of ___ and ___ from landlord ..."), not having the foggiest idea what it meant.

[excon]

Hello e:

Clearly, the property you rent HAS boundaries. Your state landlord/tenant law says he MUST, at the very least, give you notice before he visits.

Here's what you do... Go to the county recorder or clerk, or whatever you call them in your county, and get a copy of the abstract for the property. It will describe WHICH buildings are on the property with the address of...

Write your landlord a certified letter, return receipt requested. Include a copy of the abstract SHOWING which buildings you RENT, and which ones you don't.. Inform him, politely, but in no uncertain terms, that he MUST comply with state law that requires PROPER notice before setting a FOOT on your property (YES, it's YOURS). Advise him to REMOVE his property from YOUR barn and give him 72 hours in which to do it.

Tell him further, that if he CONTINUES to violate your rights pursuant to your lease and state law, he puts himself in peril. You don't need to make ANY threats beyond that.

Send a copy by regular mail too. Now, it's true that he might not renew your lease, but who wants to live under a gestapo landlord like that?

excon

[ScottGem]

The things he is taking in and out, where they there when you moved in? Where you aware when you moved in that he was using the barn for storage of his stuff?

While I agree with excon here, if he can prove that he was using the barn for storage and you were aware of this, then you don't have much of issue. In any case, if you make an issue of this, be prepared to not have you lease renewed. Or if a renewal is offered that the new lease specifies that he has free access to the barn for storage.

[excon]

Hello again, e:

Of course, I agree with Scott. He's speaking about a concept in the law known as estoppel... In its simplest form, it means that IF you became aware of a violation of your RIGHTS, and do NOTHING about it, you LOSE those rights...

The question here, is how long have you been there, when did you become aware that HE was going to use the barn, and what did you DO about it at the time...

If you've only been there a few months, and questioned the landlord about his use of the barn, then I don't believe the concept of estoppel would apply. But, if it's been MONTHS, and you've NEVER said anything, then it might.

Nonetheless, these concepts can only be decided in a court of law. If nobody files a lawsuit against the other, then nobody KNOWS the legality of your particular situation... At THIS point in the negotiations, I'd be comfortable ALLEGING that he has no rights to YOUR barn, and let the chips fall where they may... I DOUBT very seriously whether HE knows the law, and if you LOOK like you do, you win.

excon

[AK lawyer]

...
Nonetheless, these concepts can only be decided in a court of law. If nobody files a lawsuit against the other, then nobody KNOWS the legality of your particular situation...

Unless, of course, if one is fortunate enough to get the right answer from the Ask Me Help Desk. ;)

And if one knows he or she got the right answer.

If there is a barn, it looks to me that the property is farmland. OP originally wrote that there is "a house with 3 acres and a barn on it. The landlord lives 2 houses ...". Which suggests to me that Excon might not be correct when he suggests that it's as simple as going to the recording office and finding out what structures come with the property. Because it looks like some of those structures are the houses in which the landlord lives. So OP has rented an indeterminate portion of the three acres.

As ScottGem suggests, it will come down to this: if there was no discussion about the barn when the lease was signed, one must ask whether any stuff (belonging to the LL) was in the barn at that time. If there was, it seems pretty clear that the barn is not a part of the leased premises.