Thanks and a new topic...hunting lease

Appreciate the incredible amount of information on grain bins last night! It was my youngest daughters 21st birthday so I was out of ear shot, but I read all of it this AM. Much appreciated!

So....some here are aware of my deer and turkey problem. Also my hunter problems. Neighbors on three sides have hunters and, without exception, they trespass. I have also had vandalism and, last year, close to $1000 in theft...which I dealt with and got the items returned. A friend of my wife has a son with two boys of his own. I have met them and walked them around the farm. They are nice folk...good boys. They have offered me a lot of $$$ for the three of them to hunt deer and turkey for one year. They will want to do it in the future also. We have discussed it at length. They understand the only thing they are renting is the right to hunt...nothing else. They have been instructed about buildings, equipment, gates, etc. I always put everything in writing. Anything I especially want to put into the agreement that maybe I might not think of?

If you hunt,you might want to put in an exception for yourself if you're giving them "exclusive" rights. I gave my nephew an exclusive one year,but wrote in an exception for my boys.

we have so many deer here I welcome all hunters.

I would add that a map of the property and specific limits on neighboring property would be a clarifying agent in structuring their experience. Jim

It would be worth a call to your insurance agent to make sure you are covered if someone gets hurt. Once money changes hands and agreement are written insurance looks at things differently.

Dave: a few thoughts based on experiences on both sides of this--as mentioned, check on your liability, and, at a minimum, include a waiver of liability in your requirements signed by every hunter before they're allowed to hunt there--it's at least a first step in protecting yourself. Make sure boundaries are clearly spelled out, marked, and understood. Have a system in place for wounded deer retrieval if they go off your land, preferably reciprocal with the surrounding owners. Make sure the guest policies are clear and in writing--it's one thing for them to bring a friend, it's quite another to bring a gang of dozen "guests" onto your property. Make sure there's an understanding, preferably in writing, about permanent stands--again, having seen both sides, it's best to make sure everyone knows what is acceptable--I've seen permanent stands erected by lessees that would make a decent house, and the time, cost and effort going into something like that means it's not something to be undertaken lightly, nor can it be easily removed. Fine if this is a long-term agreement, but if not, it represents considerable expense to both build and remove, and it's best if everyone knows what is and isn't acceptable going in. Make sure if you want to hunt the property yourself that you've spelled that out--again, from both sides, it's one thing for the landowner to take a deer off his own land, it's quite another for him to shoot the same trophies his lessees are paying good money to hunt or to invite every friend, neighbor, and relative he knows to hunt the land that's being leased. Make sure your lessees are aware of what they can and can't do to remove trespassers--do they call you, do they call the wardens, do they tell them to leave, etc. etc. Having all of this spelled out ahead of time in writing can save many headaches later on.

I let a number of people hunt my place but I NEVER lease it since by doing so then it makes you libel for any thing that may happen to the person hunting. I have around 5 regulars that hunt my place every year and it has been working just fine for a long time now.

Make sure they are NRA members. It is tough to get a lease around here without that. An NRA membership guarantees additional liability coverage.

I had so many problems I made a decision long ago to just say no, even though I would sometimes like to thin the deer, etc. One issue would make for a bad day, or hard feelings. About 3 years after I moved onto the place I gave someone permission to hunt, and I thought he understood that he would let me know if he was on the place. Guess not, as one night I saw lights and drove down that way to investigate (this was a coon hunter). I saw it was his truck, and since I was not feeling well, and just out of the hospital I drove back to the house. I noticed he followed me up the drive, and I told my wife to just let him know everything was ok, and to just let us know going forward. He proceeded to tell my wife in a "hateful" manner that he could run his dogs anywhere he pleased, and there was nothing we could do. She informed him otherwise, and told him to get his dogs, and leave, and not return if that was his attitude. He never returned, and since I wanted rid of the "varmints", I took matters into my own hands and eliminated them with live trapping, and some lead as a follow up. It was odd that he seemed fine with letting me know initially, but seemed to not like that I was following up and checking on him, even though I had no idea who the lights belonged to. I told him when I see lights, I cannot tell the good guys from the bad, and unless he advised me I would check any activity I saw. Somehow he seemed to think that just because a guy up the road that had passed away years ago that gave him permission to hunt made it ok to hunt the entire area from now on. I have also found that often hunters that are otherwise honest, often get sidetracked, and become curious and I have found they enter areas or buildings they should not. I cannot count the times I have found outbuildings left open, or found evidence of entry, and usually this coincides with hunting season - not saying by any means that is the norm, or it is even the same individuals, but oddly enough since I started enforcing that no one enters the property period, I have not had nearly the issues with people going where they should not. Just my experience, and I know other areas and people are all different.

I agree on both counts. I do hunt sometimes. I walked them around and showed them the boundaries. Also, they are not allowed to come within about 500' of the buildings. No matter how many times you say otherwise...an open door seems to be too much of an invitation to resist.

Good idea. I have a rider here for folks that come to the home office for work. Might need same out there.

require a security bond of an amount you think is needed---you can put it in an escrow account,interest bearing, and return it at the end of the lease or renew at that time--works pretty much the same as a performance bond for a contractor

Good stuff, Tim, thanks! A lot of that we covered and all of it will be in the agreement. Deer retrieval is only a problem in the rear. Fella back there is a little touchy about trespass, but he is one of the first people I made friends with when I bought the place so all it takes is a phone call. I am a big believer that cutting your neighbor a little slack can make you life a lot easier. One thing we hit hard in our discussion was this issue of "guests". The two boys are high school age and the four of us had a firm discussion about this. There will be no guests or off season visits. I'm such a PITA they have to get approval for where they set up stands. Even some trees are specified as off limits.

I'm right there with you, Ron. I was robbed twice by the same little **** last year. Big mistake, I tracked him down and retrieved my stuff. Neighbors banned him from their property. My situation here is unusual. These hunters I am considering are known to us. They are from a good family and I have met them all. The money they are offering is close to what I used to charge to rent the fields for crops. We have some huge deer on the place. That is what they are paying for. Should be OK. Family has a lot of money. Not real worried about being sued but will cover my...

Now there is a gem. I will check that out.

(quoted from post at 10:10:30 12/02/16) Appreciate the incredible amount of information on grain bins last night! It was my youngest daughters 21st birthday so I was out of ear shot, but I read all of it this AM. Much appreciated!

So....some here are aware of my deer and turkey problem. Also my hunter problems. Neighbors on three sides have hunters and, without exception, they trespass. I have also had vandalism and, last year, close to $1000 in theft...which I dealt with and got the items returned. A friend of my wife has a son with two boys of his own. I have met them and walked them around the farm. They are nice folk...good boys. They have offered me a lot of $$$ for the three of them to hunt deer and turkey for one year. They will want to do it in the future also. We have discussed it at length. They understand the only thing they are renting is the right to hunt...nothing else. They have been instructed about buildings, equipment, gates, etc. I always put everything in writing. Anything I especially want to put into the agreement that maybe I might not think of?

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Dave,

Not sure what state you are in and what the laws may be where you live. There are a few things to keep in mind.

1 - In many states if you let someone hunt at no charge or agreement you are not liable if they get hurt. You may be protected by state laws.

2 - When a lease is agreed upon and money changes hands you can be held liable in case of someone getting hurt on your land. If you write a lease insert a clause that the leasee releases you from all responsibilty for injuries while on your property (probably best to get a lawyer on this one)

3 - In the lease agreement or written permission for hunting without lease or money exchanging hands give them the rights to run off and/or report trespassers

4 - Always write in an exception for yourself and family members to hunt so that other party understands that the hunting rights are not exclusive. Also specify what the hunters are allowed to hunt unless you agree to year round hunting rights.

5 - Write in land owner cancel clause. Should the hunters be unsafe or damage property you have the right to terminate the contract with a pro-rated return of funds after damages are paid for from lease money. Be specific about gates left open, driving where they are not supposed to, ATV use, etc with an option that states and other factors not listed.

6 - ALWAYS write in that NO trees are to be cut without you permission. Limbs that block shooting lanes me be trimmed if you are so inclined to allow that. And NO driving of any motorized vehicle on tillable land. All vehicles, ATV's etc are to be limited to existing roads, drives, tractor passages. NO NEW roads or trails are to be opened up. Allow ATV only for the retrieval of harvested animals only if you want to allow it.

7 - Hunting stands and blinds maybe put up but may not interfere with any farm operations. You choice as to how long before hunting season that they can be put and how long after that they must be taken down. (We leave ours up year around with the owners permission, but he hunts with us too so he get to use stand of his choice)

8 - No trash allowed. All items carried in must be carried out including cig and cigar butts (I am smoker and I carry mine out as I respect the land)

9 - Camping if you allow it camp may be setup 1 week prior to and taken out 1 week after hunting season. Campfires must be kept small and contained in a rock or steel ring. All wood must be provided by campers and/or only dead limbs or trees already on ground maybe cut up and used for firewood. Any damage caused by fire that gets out of control is the responsibility of the hunters.

10 - Animal carcass disposal must be either buried at least 4 feet deep or disposed of off property (Your call on that one)

These are my top 10. Hope this helps

Dave: I think many others have covered it but a lawyer as to your state laws and liability. Your insurance company too. I would look at some of the lease agreement and think of something stupid like no crossbows because they leave short arrows everywhere and punch tires!!! I actually herd of that happening. I think the real key is to get good tenants and have a good understanding written like no hunting within 500 yards of buildings. Last limit it to JUST the two guys. I knew one such event where one guy did this and the guy brought all his friends!!

Yeah...big help! I will call the attorney on the liability issue. He can tell me what the law is here. I know with the minor son, I am stuck if there is an injury. Even minor trespassers can sue you here. I appreciate the response!

Going to call the lawyer and insurance guy on Monday. This fella sent me a copy of his last contract with the farmer up north. I will look that over but it's a safe bet that I am going to be tougher on him than the last guy. So far he is limited to normal bow or shotgun. No crossbow or rifles/handguns.

I would be glad to come help remedy that for you. I just went to Missouri 2 weeks ago didnt get anything at all. Saw some closest one came in 55 yards little to far for me and a crossbow. Where do you live??

I think you are doing the right thing, getting this stuff worked out up front.

Dave one last bunch of thoughts here: Make sure they cannot sell the lease to another we had a bunch years ago did an "option" on wood stumpage also farm land then sold it to another company and it was a mess!! Leave out trying to get them to do so many hours of work for you or disc your field etc. never seen that work out good.

How much are you charging? I see an outfit North of me is charging $250 to doe hunt and $1000 to kill an 8 point or larger buck