March 21st, 2011 | 
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Question: Is a well with pump or electric service considered “Land Improvement”?
Our tribe provides 25 year homesite leases at no charge to tribal members. A member had his lease terminated for a number of reasons and is seriously disgruntled. The lease terms specify that land improvements stay with the property. The former leaseholder removed the well pump and casing and had the electric service pole disconnected/removed. The complication is that a second home is dependent on the well for their water. The tribe awarded me the site lease–I don’t particularly want it and would prefer to not be in the middle of the drama, but the second homeowner is looking to me to help solve his problem. I imagine that I am the only one that would have standing to take the disgruntled member to court. On the other hand, if the actions of the former leaseholder were illegal, would the second homeowner (also a member) have standing? The starting point in my mind is to determine if the actions are illegal.
Should I file a complaint with the tribal police or in tribal court? Also, is there a reference I can use… preferably federal (U.S.)
Answer:
Answer by WRG
Of course it is.
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The first person who leased the property did not have legal rights to upgrade the property without consent from the actual property owner,therefore it was illegal. You have the right to take them to court to obtain monies for property damage and to have the property returned to the original state before the upgrade.Yes the second homeowner does have standing in court.
The starting point is not determining if the actions are illegal.
The starting point is determining who can get it to court to find out.
Only the Owner can do that. Had the other leaseholder purchased and attached the pump, they could probably get somewhere, but since the potential Defendant (apparently) paid for it, his claim is probably better than any other Tenant, and only the Owner would have a good shot at winning.
You can’t be made a party to a lease without your consent. If you don’t want in on this mess, send the Tribe a polite letter declining their kind offer.