What is a Hunting Land Lease Agreement?
A hunting land lease agreement is a legal contract between a landowner and a hunter or group of hunters that grants the latter the right to use the land for hunting purposes during a specified period of time, in exchange for a fee. These agreements serve a dual purpose: they provide financial compensation to the landowner in return for allowing access to their land, while also providing hunters with a legally binding assurance of access to quality hunting ground.
Typically, a hunting land lease is negotiated annually, although longer leases are not uncommon. The terms of the lease, including the total fee, the number and identities of hunters who will have access to the land , permissible hunting methods and additional rules, are all subject to negotiation. Once an agreement is reached, it is signed by both parties and acts as a legally binding contract.
The importance of a hunting land lease agreement cannot be overstated, both for its legal protections and for its role in regulating and improving hunting practices. For the landowner, it can provide a valuable source of income and, in some cases, offer them certain liability protections. For the hunter, having clear rules and regulations helps ensure not only the landowner’s peace of mind, but that of the hunters themselves and their friends and family who may come to visit.
Key Components in a Hunting Land Lease Agreement
A hunting land lease agreement should clearly establish the duration of the lease, which is typically for a full year to coincide with the annual hunting season. The lease should also provide details regarding permitted activities and any restrictions. For example, the parties may want to specify the type of hunting allowed (e.g., deer, turkey, or upland birds) and limit the use of certain areas for safety reasons (such as near houses or roads). Fees for hunting gear such as tree stands may also be addressed.
Payment provisions will establish the amount due under the lease and the payment schedule. A hunting land lease may provide that payments be made in a lump sum or in installments, in cash, or by check. The parties may also decide to allocate expenses, such as for property taxes or liability insurance, in whole or in part.
This section should address the legal obligations of each party. For example, it is generally a good idea to require the hunting party to maintain insurance and indemnify the landowner for claims arising from hunting activities on the property. The landowner may also want to limit its own liability by placing restrictions on access, assigning hunting privileges to specific individuals, and requiring the hunting party to abide by all applicable federal, state, and local laws. Restrictions placed on the landowner may also be effective, such as prohibiting the landowner from hunting the property during the hunting season.
Advantages of Leasing Out Hunting Land
Leasing hunting land can be beneficial to both the landowner and the lessee. In most cases, leases will result in the payment of money to a landowner by a lessee in exchange for his or her right to hunt on the leased property. These amounts can range from hundreds of dollars to thousands of dollars each year, depending on the size and location of the property and availability of game. In addition to the monetary lease payments, landowners often benefit from the liability protection that occurs once a lessee is given the right to hunt on the property and certain other restrictions are placed upon the lessee.
For those landowners who lease fully stocked deer hunting land with proper vegetation and trees, the leasing of the property can yield significant benefits. Hunting rights on prime hunting land are quickly becoming one of higher value than oil and gas leases.
Leasing hunting land can also provide great benefits to the lessee. As a lessee, you are able to save hundreds or thousands of dollars per year on travel and accommodation while gaining access to private land that has been properly targeted and located in order to yield a maximum number of game.
Typical Clauses and Conditions
Hunting land lease agreements typically contain several terms and conditions related to the management and use of the leased property. These may range in detail from a brief list of expectations and policies to an in-depth handbook. Either way, key aspects are almost always included.
Policies relating to access are fairly common. This policy addresses when and how the leaseholder can access the property, such as whether members of his or her family or guests are permitted, whether guests must be accompanied and whether certain restrictions apply to members under age 18.
The licensee is typically permitted to hunt feral hogs and coyotes year round, but with respect to other animal species, a license agreement may require the licensee respect any restrictions issued by the landowner or game management agency. Essentially, hunting season restrictions are usually specified, as well as restrictions governing the use of weapons. The agreement may require or disallow the use of certain types of firearms, shotguns or archery equipment.
Further, lease agreements will almost always mandate the licensee abstain from using marijuana or other illegal drugs. In addition, the leaseholder may be required to submit to periodic drug tests. The licensee usually agrees to abide by any rules established by the landowner concerning smoking and campfires.
Many hunting agreements require the licensee shake hands and verbalize the conditions and restrictions of the lease to his or her family members or guests who may be visiting or using the land.
Hunting lease agreements typically provide rules governing guest behavior. In most cases, the licensee is prohibited from permitting guests to hunt if that person previously failed to comply with the terms of the lease.
These agreements usually mandate that the licensee refrain from grazing livestock or cattle on the land, except with prior written consent from the landowner. Indemnity is a common provision and imposes claim liability on the licensee. It may simply require the licensee indemnify the landowner against any claims or legal action brought against the landowner as a result of the licensee’s actions on the property. Alternatively, it may impose liability on the licensee for his or her reliance on verbal statements made by the landowner.
Procedures for maintenance of the land are commonly included as well, such as prohibition against placing nails in trees and construction of permanent structures on the property.
Other terms may be a short list of provisions, such as requirement of the licensee to clean up the land after use of the property or an acknowledgement of the landowner’s right to evict the licensee for noncompliance with the previous conditions.
It’s not uncommon for lease agreements to include a mediation section, typically requiring mediation before recourse to the courts. Trust and confidentiality clauses are also sometimes included in regard to the leaseholder’s liability and any information obtained during the term of the lease.
Legal Issues and Regulations
As with any type of land use, hunting provides specific legal considerations that landowners and hunters should be wary of prior to committing to a land lease. While most hunting-related accidents and damages occur due to negligence or imprudent behavior of the hunter, the landowner has several obligations and liabilities as well.
States provide regulations concerning when certain animals can be hunted. These are usually denoted by dates, which vary from state to state. In addition, most states have bag limits, or limitations on the number or size of the animal taken. Additionally, some states require that hunters have licenses that need to be renewed annually. Most states have enacted some form of rules and regulations concerning hunting and landowners should ensure that their hunters understand the rules of the game. Further, some states have designated this land as private land open to public hunting (contexts differ from state to state); this has implications for the public use of the land and hunters’ access to other portions of the property.
The relationship between the lessee and the landowner is one of the most important factors in the management of the land. Whether the lessee will be allowed to bring guests on the property for hunting expeditions or if the landowner will allow anyone to hunt on the land at any time, will be determined in negotiations. As noted above, if hunting access is made open to the public, these terms may change the nature of the agreement .
If the hunting land is not already developed with hunting lodges, food plots and the like, the parties should discuss and determine what sorts of alterations or development will occur to improve the property for hunting. This might include the planting of food plots, building of cabins, installation of fences, or other activities that may alter the land in some way and may affect the ecological balance or value of the property after the lease expires.
In order to manage risk and comply with the obligations of the lease, the parties should also consider the number of possible people coming on the property during the lease term, who will be responsible for maintaining the land and fences, and who will be responsible in case of an accident. Further, hunters should also check their home insurance policies to ensure that if an accident does occur and they are found to be negligent, their actions may be covered by their insurance policies.
A hunting land lease agreement gives rise to many legal questions and issues; however, these have all been answered through years of legislation and legal precedent. The parties’ roles and responsibilities are largely established through state and local legislation, but the particulars of each specific type of agreement, including reward ratios and allocation of other resources is specific to the parties and their relationship. For all of those questions, it is wise to consult with an attorney. Before spending countless hours on the internet, looking for answers to your questions, consider consulting an attorney that specializes in hunting land leases to help answer your questions and draw up the agreement.
Negotiating a Reasonable Hunting Lease Agreement
As with any contractual agreement, the hunting land leasing process should start with an effort to negotiate the terms of a fair deal for all involved. Many people negotiating hunting land leases do so through fracking and oil companies, real estate agents, or other people who may be representing the landlord. Although these individuals may have the best intentions, it’s in your best interest to do your own due diligence and to ask questions before signing on the dotted line. To begin, it’s important to know the specific elements of a fair lease. First, consider the average price per acre that people have paid for hunting land leases in the past. This will be different for each region of the country. The statewide average price per acre of hunting land typically increases every year, so when you’re comparing prices, keep in mind that leases are rolling over in periodic intervals (usually one or five) and that you are most likely looking at a lease from a previous year so the price is likely to be higher now. Also, research the highest and lowest prices people have paid for hunting land leases over the past five years in your area. As far as the highest price point is concerned, sometimes people who pay a higher price are getting more amenities such as extensive food plots and fertilization, because they are selecting a leasing company that has invested time and resources into the property. Sometimes, however, they are just paying more than what the property is worth. In either case, their payment should be compared against the state-wide average price per acre. Next, compare the smallest to the largest lease in your area. Fewer acres reduces costs, but by how much? Is there a point at which the cost per acre is the same, whether the acreage is high or low? And what amenities are being offered on all the leases you are considering? Some leases may come with amenities such as water and electric, while others come with a food plot and certain types of minerals for deer. Compare these leases to each other to see if you are being offered a fair deal for what’s being included in your lease. Finally, asking the following questions during your negotiation process may help you to spot a good deal and avoid losing money prematurely on a bad one: These are a few strategies you may wish to consider during the negotiation process of hunting land leases. If you hear something that doesn’t feel quite right, remember to trust your gut, and do due diligence before signing anything.
Hunting Land Lease Agreement FAQ’s
Common questions we hear from landowners about hunting land lease agreements.
What if a hunter comes out and doesn’t kill anything?
We get this question all the time. Landowners sometimes think that if a hunter comes out and doesn’t kill anything, they may be entitled to a rent adjustment or a break on the following year’s rent. In reality, most hunting clubs buy their own corn and feed for the year regardless of how many animals they kill. The investment is usually done upfront by the members to prepare the land for the season rather than paying per animal taken. There are also many hunters that enjoy spending time outdoors for the experience and not necessarily to kill something. Just because the hunter or the group of hunters don’t kill something doesn’t mean they don’t appreciate the property.
What if an accident or damage occurs on my property?
Landowners have options to draft liability language into their hunting land lease agreements. Most hunting clubs will ask the landowner to sign a legal release before they hunt on the property. This release will usually hold the landowner harmless for any accidents that occur on his/her property. The lease can also be written to require the hunting club to carry liability insurance during the term of the lease. It’s also important for the hunting club to require their members to sign releases before hunting on the property. Over 20 people can sign a release but it’s not likely they will all have their signed releases with them when they show up to hunt. It’s suggested that hunting clubs require their members to sign individual liability releases before entering the property.
Who owns the deer heads and trophies?
Sometimes the hunting club will collect money at the end of each season so they can have the deer heads or skulls mounted. In some circumstances , the hunting club will collect the antlers and meet with the landowner to decide how to split them into trophies and then decide what to do with them. The question of splitting trophies is unusual. Most of the time hunting clubs allow its members to take the trophies with them and display them in their homes back in the city. This may or may not be a question the landowner asks. If it is a concern, you can ask about it upfront.
