Leasing land to hunters ??

LJD · Oct 10, 2012

Anybody lease their land to hunters?

I started looking into it - but then got thinking maybe it's not worth the effort?

I guess I had my head-in-the-sand on the issue since many landowners in my area let people hunt for free - often a way of trading favors. But, seems things have changed. Many farmers in my area now are charging $2500 for one big game season for exclusive hunting rights.

I ran a free ad a few days ago and the first call I got was - what I thought - a three generation family. Grandpa, dad, and son. They walked my 80 acres of woods and fields and said they'd like to lease it. I then found out they are professional guides and want to bring other hunters here who have paid them for guided hunts. That makes me a little nervous. I don't want a never-ending circus here. Besides - I was offering the 80 acres here in central NY, along with another 50 acres in the Adirondacks - for $900 (not $2500).

Besides all that - I called my insurance agent and was warned that I'm covered only when I let people in for free. Once I charge any money I am not covered and the hunters must have their own insurance for me to be safe.

Last year I leased my farm and woods in northern Michigan to a group for $800 and had them sign a waiver claiming I could not be held responsible for anything that might go wrong (e.g. a hunting accident). Now I'm told the waiver is worthless and I am still liable.

oldtanker · Oct 10, 2012

Depending on the state you got told right. Here in MN if I let someone hunt I'm not liable unless they are injured by something there that's mine that is unsafe. But if the shoot themselves or someone else, fall out of a tree ECT I'm not liable. If I rent/sell hunting rights the liability reverts back on me. So I don't let anyone hunt.

Rick

NY 986 · Oct 10, 2012

I have been told the same thing in terms of waivers being easily beat down in court. A parcel near us but not adjoining was sold out of the family that had it for a couple generations and the surviving members that hunt are ------ about it. It will be interesting to see how this plays out this fall as these same people readily trespass onto other people's property. We have a guy who hunts our ground (for free) primarily to keep the riff-raff at bay but I would say it has worked out good for us so far. It can be tough to know before a problem arises what the correct course of action is. The guy hunting on us I have known for a long time so hopefully that means something.

Dick2 · Oct 10, 2012

Think liability! Think liability!! Think liability!!! Then don't let anyone hunt on your property. Lawyers can twist anything to get money from you!.

Sam Wigeon · Oct 10, 2012

I am also in CNY, and keeping people off my land is a problem. There is insurance available, that your hunters can buy, that supposedly will hold you harmless if they are injured on your land for any reason. HOWEVER, that will not prevent a lawsuit against you if there is an accident. You may win in court, but it may cost you a lot of money to do so. You can allow a specified number to hunt your property for free and then, because of specific NYS laws, will not have that liability. As a money-maker, well that is a hard one if you want adequate protection.

Wile E · Oct 10, 2012

Smart move, dont let anyone hunt on your land.
Several years ago I let a buddy of mine bow hunt for free, he brought a tree stand and he didnt get anything. One season, he was done.
But....I know that I have seen evidence of a guy (or guys) in the back of my land, (all wooded) All my no hunting signs have been torn down. The slobs that tromp all over land that isnt theirs pizzes me off. My neighbor and I put up over 50 signs all over the back of our lots. All gone. Like Rodney Dangerfield used to say...."No Respect"

Mike Groom · Oct 10, 2012

Here in Illinois if you lease to hunt you are liable for any injury,the state enacted a law if you hunt for free the landowner has no liability for any accidents.

Tony in Mass. · Oct 10, 2012

I was told the same thing about liability problems when I bought my place upstate over 20 years ago. Open to public or posted you are covered 100%, lease or rent to hunters, a whole new can of worms....

mjbrown · Oct 10, 2012

Deer damage is a huge problem here in the Finger Lakes. I don't like people all over my land but it is necessary to keep the deer numbers down somewhat. It's the people who won't let people hunt that provide sanctuary for the deer and they cost every one else in the vicinity a lot of money in crop losses. I gave a preacher permission to hunt years ago and he assumes he has perpetual rights for himself and anyone he wants to bring with him. It makes my blood boil but they kill deer so I put up with him for a few weeks a year.

GeneMO · Oct 10, 2012

Dont do it.

Let a good trusted neighbor hunt for free.

If you charge you are setting yourself up for a lawsuit.

No waiver, no matter how strictly worded will hold up in court.

Gene

RodinNS · Oct 10, 2012

I'd listen to your insurance agent...
Personally I don't think it's worth the risk.

Rod

36 Coupe · Oct 10, 2012

Leased hunting land is common in Texas.

oldtanker · Oct 10, 2012

(quoted from post at 16:28:40 10/10/12) Leased hunting land is common in Texas.

It's common here too but most land owners are not aware of the laws. My BIL did lease some of his land until I showed him the laws.

Rick

Bob Bancroft · Oct 10, 2012

My attorney told me that accepting any money for hunting rights would leave me open to liability issues.
A neighbor(from whom I rent farm land) hunts my one side of the road that borders him. Another individual hunts the other side of the road. Both relationships are beneficial to me. No money changes hands, no documentation. Bartering is your friend.

Bryan inIowa · Oct 10, 2012

We lease 600 acres in NE iowa 3500 yr ,,we have a trailer , year round access , river , fishing hunting , camping tubing etc. Great landowner, we always pitch in and help him with cattle round up or whatever he needs. Guides are leasing up everything around us ,,and driving prices up .

John T · Oct 10, 2012

Sure, anybody can sue you regardless, but a well written release of liability and hold harmless agreement (subject to perhaps gross negligence on your part) will prevail in a court of law....... It states something to the effect that the hunter is aware hunting is a dangerous activity but in return for your allowing him to hunt (even with a fee) he assumes all risk of injury and agrees to release you of all liability and hold you harmless for any injury he may sustain......The doctrine insurance agents are concerned with has to do with the much higher duty of care owed to a business invitee, i.e. if youre charging a fee or inviting a person to your store in hopes to get their money, the duty of care the land or store owner owes them is MUCH HIGHER then to say an ordinary guest.......If you would have an extremely dangerous situation/condition on your property (say one so bad it "shocks the conscience" of the Court) and didnt take proper and reasonable care to warn or protect your business invitee, thats the situation where a plaintiffs lawyer will try to get around anything his client signed. HOWEVER that can still be protected by insurance coverage.

So if you have a proper release of liability youre in pretty good shape and if you additionally protect yourself with insurance and all that is not cost prohibitive it can be a source of relatively risk free income... YOUR LAND, YOUR RISK, YOUR MONEY, YOUR CHOICE

I know youre a sharp enough character to not under any circumstances base your decision on any lay or even professional opinions offered here on a tractor chat board, the complex legal subjects regarding negligence and liability and waivers and contracts are for a trained competent professional to advise a person NOT ANYTHING OFFERED HERE INCULDING MY OWN COMMENTS NOT HAVING RESEARCHED YOUR STATES LAWS

Best wishes and take care now

John T The Country Lawyer

Spook · Oct 10, 2012

It's pretty common around here, my neighbors are charging $300 to 500 per person.

Traditional Farmer · Oct 10, 2012

#1 on my list when I let someone hunt my farm is I'm giving them permission ONLY and not anyone else and they are not authorized to bring anyone else with them.The more hunters that come together the more problems you will have with them.

Loosehandle · Oct 10, 2012

You will have a parade.

Ultradog MN · Oct 10, 2012

I would ask your question on a less biased venue.
Over the years I've come to the conclusion that Tractor Talk board is the hatingest, most malevolent bunch of folks when it comes to hunters.
That's why I don't mention the opener or even my deer plots much any more as all you get is contention and mean, accusatory coments.
Ask someone local to your land for a better perspective.

John A. · Oct 10, 2012

LJD, Here in Texas, We lease and that is the Norm! You Set the Rules on Your Ranch, ALL-- Dos, and Don't s. In your rules IE,,, Stay on the main roads in my pasture, no making new ones, Pick up all brass and shotgun shells, You kill my cow or my neighbors cow, The hunters pays for it! at My determined price, Waste all stray dogs, Coyotes, & gut shoot all Hogs. If and when you come to a gate and is is closed, close it, if it is open leave it open. pick up your trash and haul it out. My rules are not difficult just common sence. If my hunters do bring a guest, Tell me first and if they shoot a deer the tag comes off the leasee tags he is now down one tag and deer to take home!
You can Set Out at the onset No Subletting of the lease. Or it is OK, as they do not over run the state limit / person .
IE--you have 3 hunters, State says 2 deer / person. 1 Doe, 1 Buck, or 2 Does so a 6 deer limit total is all that will be legally harvested.
I get $1000/gun x the # of hunter I have! Hope this helps.
Later,
John A.

BCnT · Oct 10, 2012

here in Texas i get $3500 for year round hunting/fishing on 100 acres for 3 guns...immediate family welcome but if they kill something it comes off hunters limit...liability releases work here only on adults...state did write a law that if you have a certain amount of liability insurance,you can only be sued for that amount...also check your state laws...i just found out this year i have to have a license to lease my own property...dont get me started on that bs.
for the most part,i've had good hunters and it helps keep the ranch operating in the grey area between red and black.
do your homework on your state regs and requirements...it may be worthwhile to lease to a family or a couple guys that hunt together.

Traditional Farmer · Oct 11, 2012

I don't 'hate' hunters and am glad to have them kill deer which are a pain for me but I'd say over the years at least 75% of those I've let hunt have screwed up in some way or the other such as 1)bringing all their friends with them 2) driving thru fields they were told not to 3) going on neighboring farms when told not to 4)tearing down fences 5) stealing things etc etc.Hunters are like lawyers and auctioneers the majority of them that do things wrong give the few that do things right a bad name.Right now I 5
people that hunt my farm at various times they are all really good but have had to go thru many hunters to find those 5.

Ultradog MN · Oct 11, 2012

Yup,
You prove my point.

oldtanker · Oct 11, 2012

We got a guy here who lives about a mile south of me that went broke farming quite a few years ago. When he was farming he rented crop land and he would build stands and then "guide hunts". Mind you he was only renting the crop land but most of his landlords were absentee's. He got caught when one's grandson showed up to hunt and found people on the farm. That is part of what ran himout of farming. After that most of his landlords put thier land in CRP or rented to someone else. I let a preacher and my BIL's from my wife's side hunt here plus one guy who comes in to trap beaver who came in and knocked on the door to ask permission.

Rick

Nancy Howell · Oct 11, 2012

In Texas you can make a mark on trees, fence posts, etc. with purple spray paint that means "no hunting/trespassing". Mark has to be a certain length and height off the ground, but it can't be torn down and doesn't harm the trees.

NY 986 · Oct 11, 2012

And worst of all they lie about their transgressions as though the land owner was some gullible idiot. I tried working with people like that and all I got was blatant disrespect when I indicated a rule that needed to be followed. I'll probably never be totally rid of them as they hunt neighboring property but at least I have a guy to pretty well keep them off.

Traditional Farmer · Oct 11, 2012

How'd I prove your point? I really like the guys that are decent personally and hunt the land and show some respect.They're welcome all the time but I'm not going to speak well of a bunch of slobs.

Anonymous-0 · Oct 11, 2012

(quoted from post at 21:09:14 10/10/12)gut shoot all Hogs. .

Why would you gut shoot any animal?? Some kind of redneck competition (Haawwww look at that one bleed Cooter!!!!!!!!!! Heey!!!!!!!! mines got guts draggin out farther than yours does!!!)?? Or is there a real reason for it?

John A. · Oct 11, 2012

Dave2, Evidently You do not pay too close attention to the discussions here about the Hog problem here in Texas. They are more numerous than lies on a dog! Shooting the 1sy-2sy hogs here and there does nothing to put a dent in their population, and problems they cause. The time has come and past for drastic measures to be implemented. Just like Gophers, Prairie Dogs, What Ever has to be done to get a handle on the pest. They tear up far more than they are worth.
Also when they die, and they will ,,, they will die in their den so the herd will move on the some place else and while they are in transit to new digs they may be seen are discovered and shot at or poisoned and hopefully eradicate from MY place!
Has nothing to do with Your D.A. first statement!
Do you need further Clarification ? !!
Later,
John A.

Anonymous-0 · Oct 12, 2012

Whatever lets you sleep at night....... Not arguing that you and other folks have a problem or not, just my view on the way you deal with it....... To each their own.......

Bret4207 · Oct 12, 2012

I will no longer lease or rent land or buildings to anyone without an ironclad, specific written legal contract putting all the responsibility on the renter. Not that I have any property for rent or lease anymore, but I learned a lot renting a few years back. People, for the most part, aren't God's most honest and ethical creature. I'll just leave it at that.

As far as hunting my place, it's all I can do to keep people without permission off now. I'm not about to let more problems on willingly without a substantial payment, say $2500.00 a season with no refund if you don't get the deer you wanted. It's just not worth the aggravation for less.

John A. · Oct 12, 2012

dave2, I will simply end with this.....
We sleep quite well, Thank-you
&&&
If you had this kind of problem in your back yard you would have a waaayyy different mind set!
Later,
John A.

Anonymous-0 · Oct 12, 2012

no sense in getting bent out of shape and flustered just because someone doesn't agree with you... We have those problems here also as I said earlier...Just handled different....
If I had the problem in my back yard, my mindset would be to fix it (or have it fixed) in my back yard and help END the problem for the rest of the neighbor's backyards. Your suggestion and you obviously aren't alone, is the me me me, it's all about me approach of "just gitum off my place and let someone else worry about em"

I understand you have bigger areas and some may be hard to get to, but then folks need to come together and work it out in a responsible way....
If you think that gutshooting and leaving them to suffer so "they'll move on" to someone else's place is the way, then so be it. Just show some courtesy to your fellow Texicans and Americans in general not to blab it on the www so outsiders can look at it and get the impression that every American or Texan, yadda yadda are a bunch of backward, knuckle draggin dopes that ain't quite evolved yet........
It's no wonder that the animal rights folks, peta, and the like have so much say and pull .......
Dam..... see what you done??????? My low people skill warning light just started flashing.....

Have a good day....

Leasing land to hunters ??

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