Old Fireworks Stand Lease Preventing Sale

Old Fireworks Stand Lease Preventing Sale

Member since 2019 · 10 posts · 3 votes

Hello BP community,

I am under contract to sell a property I own. During the title work it was discovered that a lease recording was filed with the county nearly 20 years ago. The lease is with a fireworks company to host a stand on the lot. The lease recording is not the actual lease but does include language that specifies a right of first refusal on the sell, a non-compete to lease to another fireworks stand or to sell fireworks for 15 years. There has not been a stand on the land in over 10 years, nor has the company paid any rent during the last decade. I purchased the property with an exclusion on the title policy, but now that I am under contract to sell, the current title company will not close without a signed termination from the fireworks company. Interestingly, we have gotten the company to sign a release on the right of first refusal but the lease has not been terminated. No one can produce the actual lease so the original terms are unknown. We have reached out to the fireworks company but haven't had much luck on getting through. I'm curious to know if anyone has dealt with a similar situation and what my options may be. I'll be consulting an attorney, just thought I'd throw this situation out to the BP community for feedback.

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  • Attorney · Spanish Fork, UT · Member since 2025 · 77 posts · 98 votes
    1y

    This is an odd situation you you've found yourself in, especially where the new title company won't alloy closing with an exclusion where the old title company did. It does sound like you're on the right track though by consulting with an attorney to get this across the finish line. Most likely you're options will be:

    (1) Get a release/recission from the fireworks company. This is likely the cheapest approach assuming that (a) you can locate the company or it successor, and (b) they are willing to simply release rescind the lease and/or release there rights thereunder. A local attorney experienced in these types of title issues should have resource to help locate the old fireworks company where you have not had success.

    (2) If you can't locate the fireworks company or get them to agree to a rescission/release, then you may be forced to file a quiet title action of with the county. A quiet title action allows you to take the issue before the court and have a judge issue a ruling to "quiet" the title by removing judicially removing the encumbrance/cloud on title being created by the lease. Typically you will have to show the court that you have made reasonable efforts to inform the other party (e.g. the leaseholder), up to publishing notice in a local newspaper (though the specific rules will depend on the state/county where the property is located).

    Again, this is all assuming you cannot get the title company to allow you to close by simply excluding the lease from and encumbrances created by it from the policy. Occasionally, an opinion letter from an attorney could be enough to get the title company to capitulate and allow the closing.

    Note: This information is for educational and informational purposes only and does not constitute legal, tax, or financial advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

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