Hunting Land Lease Contract Defined
When an owner of some land and a hunter get together for the purpose of allowing the hunter to hunt on the land, it’s most common for the parties to create a hunting land lease contract. It is a fairly straightforward use agreement where the landowner leases the land to the hunter for the purpose of using and occupying such land for hunting . The lease may be in writing, but the oral leases are actually quite common.
Under a written lease, the terms and conditions governing the parties’ relationship can be clear. A written lease can be comprehensive in scope, but if very few entities are at play, a simple lease form works for everyone and provides the important protection of having a formal contract between the parties.
Essentials of a Hunting Lease Agreement
Identification of parties to the contract (lessor and lessee)
Description of the premises, including any restrictions on use
Length of the lease term
Total consideration for the lease, also referred to as rent or the lease payment
Method and frequency of payment
Permitted use of the premises, such as "hunting deer," "wild boar hunting," "small game and waterfowl hunting," etc.
Methods and times of entry onto the premises by the lessor and other persons
Any other specific rights of the lessee such as hunting methods, campsites, camps, cooking and food storage, and items that may or may not be removed, or any restrictions that apply to the lessee in the event of a lease extension
Procedures for cancellation of the lease
Provisions that would impose liability on the lessee for damage to the land or any structures, both fixed and movable
Provisions that would require the lessee to obtain liability insurance and list the lessor as an additional insured
Other provisions that require the lessee to protect the lessor from negligence claims by lessee’s guests or invitees and to indemnify or defend the lessor against negligence claims, should they arise
Provisions that release the lessor from liability for negligence claims, including a waiver or a covenant not to sue
Events that constitute default by the lessee
Considerations for Owners and Lessees
One of the greatest benefits to a landowner leasing hunting rights to his or her property is the income the lease may provide. If the lease is written appropriately, and as further discussed below, the landowner will also benefit from the liability protection that document can provide. This too is a highly valued benefit, especially in today’s increasingly litigious society.
Lessee’s typically end up with the best end of the bargain when it comes to this type of contract. Generally, the lessee will know that his or her hunting rights are exclusive to them and that he or she has more control over the property in question than they may have otherwise enjoyed. Also, the lessee is usually paying less for the property for a specific limited use than what the landowner would get had they leased it to a general tenant. The lessee will often be the only one (or one of only a couple or few) who is able to access otherwise highly desirable land for hunting rights. As hunting is available to all during the general open season, having hunting rights outside of this time frame is highly valuable.
Legal Considerations
One of the primary concerns in any lease agreement is liability. Who will be responsible for any injury that occurs on the leased land? In the case of hunting land leases, the answer to this question can be complex. In general, the land owner would not have liability for accidents that occur as a result of an inherent hazard of hunting; however, the land owner may still have liability if the premises themselves are unreasonably dangerous, regardless of the activity occurring on the land. A hunting lease agreement should clearly delineate the respective responsibilities of the parties with regard to premises liability and safety.
Another important issue is insurance. In the event of a dispute, will there be insurance coverage for the alleged injuries? Will all of the lessees be required to be listed on the policy? It is important for both parties to get the insurance question answered early in the process so that the negotiation process can proceed . The risk of injury or property damage could also affect the rental price of the lease. Discussions concerning insurance should involve the insurance agents of both parties and should include the pros and cons associated with various types of insurance available.
Many hunting land lease agreements include an arbitration clause in the event of a disagreement. Arbitration is an alternative to going through the court system. The parties agree to submit any disputes to a neutral arbitrator selected by the parties. Arbitration can be very cost effective and efficient because the arbitration procedures are not as formal and juries are not involved. It is important to review any potential arbitration clause with legal counsel before signing the agreement because certain arbitration clauses can only be enforced if signed by both parties and may have language that is unknown to the land owner or lessee.
Tips for Drafting and Negotiating
Drafting tips:
- Tailor the lease to your specific needs. The "one size fits all" approach to hunting land lease contracts may work for some, but it is not in your best interest to enter a lease without ensuring that the provisions of the lease meet your needs. Try to avoid cut and paste jobs.
- Be clear regarding the boundaries. Make sure to ix the boundaries of the property and to make sure that if the hunting rights are being leased in smaller increments (such as by the day) to different tenants that there is no overlap between those tenants.
- REMEMBER, you have to be able to get off the property before dawn and after dark.
Negotiating Tips:
- Agree on a written contract that accurately states each parties’ intentions. As property owner, you should insist upon a written agreement.
- Determine if a limit on the number of hunters or a limitation on the types of devices allowed for hunting are necessary given the topography and wildlife on the property.
- Allow for some flexibility in the dates if the weather prevents the hunting season from being productive.
Clarity is key to lessor and lessee relationship. Be specific regarding the rules and how the contract terms are being met.
Frequently Asked Questions about Hunting Leases
How do I find hunting land to lease?
There are internet services offered for a fee that will list available hunting properties. Free classified ad sites can be used to find hunting land. These sites seem to have many more people looking for land than there are landowners willing to lease the land.
Do I need to be a "good shot" to sign a lease?
No. No one is guaranteed to harvest every deer they see and most roads are traveled with vehicles. You will have an obligation to pay for any damage you cause, whether by accident or on purpose.
Can I charge admission for bringing along my friends and family?
The ability to charge admission to any hunt is not something most leases would specifically allow. However, it can be discussed with the landowner if both parties agree to amend the lease.
How much does hunting land cost to lease?
Prices vary based on many factors including the amount of land, type of hunting, road access, population density, etc. Ranging from $2/acre under over-crowded conditions to a few hundred dollars an acre under prime hunting conditions. Cattle ranch leases range significantly also , use of "Base land" is sometimes used to save on shape factor and fencing costs by combining open space like crop land or CRP with areas that are heavily wooded with steep creek beds or other otherwise unusable land.
What happens if we have a disagreement?
Your hunting rights are the consideration for the lease and your rights are similar to any other business deal where your time, property, equipment or service has been agreed to be the consideration to the agreement. Disagreements should be settled with the parties involved. If you need to, you could try to involve a 3rd party to clarify the rules and help make peace again between you and the landowner. Always remember that as the hunting rights holder you can defend the hunt with reasonable force, you should never have to let someone trespass on your rights to hunt. Normally this would include members of your lease but private leases are different; it is important that you know the landowner’s tolerance for family, friends, pets, etc.