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Raleigh

03-24-2008 05:57:19

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What do I do to get a leagel document together that prptects me in the event someone is using my tractor on my land and get hurt or in an accedent?
I have a guy who is hunting my land for FREE and he is going to help me bush hog and do a bunch of tractor work for exchange... Now he has been using HIS TRACTOR, which is a little Yanmar 25 hp, but I am thinking of lettting him use mine which is a 95 hp 4020. He could get SOOO much more done in littel time. What type of "Lawyer type" document or waiver or something that I need in the case something happens that I don't get sued, or worse..
any help is GREATLY appreciated..

thank you.

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dave2

03-25-2008 01:29:32

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

I'd get rid of him also. Think about it, guy has a run of bad luck, gets unemployed. You've got a nice place and (hopefully for you) a big insurance policy. He has an "accident" while working for you and doesn't have to work the rest of his life thanks to good ole Raleigh. Depending on the size of your insurance policy, you may be nice enough to sign over your farm so he has his very own hunting reserve. Sad but true these days. If you want your land hunted, it may be safer these days to do a contract with a professional guide to use your place certain times of the year.

Hope things work out for you.

Dave

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John A.

03-24-2008 20:34:59

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

Raleigh, Here in Texas, Fall Deer/Turkey hunting leases are ALWAYS,....CASH. No work swaps, the reason is if the hunters get crosswise with you. You can run them OFF! I have a neighbor that has No quams about running off hunters when they pi$$ him off, go to telling him how to run his own property, etc, etc. Even in mid season, He will pro-rate part of the money back, but no where near all.
As Allan and the rest have said run him off.
But since he has brought his own machine on your property you are all ready $crewed. His time, his machine is worth more /hr, than him running your tractor Period!!!! Now you are in a pro-rated situatition at best. Make him take his equipment home NOW!!! pro-rate the rest of the fall hunt (lease). Here in Central Texas my area....$1000/ man That is hunting only, Not year round! Hope this helps.
Later,
John A.

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WantACaseLASomeday

03-24-2008 20:12:47

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Re: Need help!! in reply to 02XLT4X4, 03-24-2008 05:57:19

It's a darned shame the world has gotten so you can't make an honorable trade anymore such that you and the other fella both benefit - but Allan is exactly right. Check your insurance if you want to go one with the deal, but why risk what you have worked for?

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ArleninOr

03-24-2008 16:20:31

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

Have hunted many private property's and a couple like this situation. Use to hunt one where I helped with round-up in exchange for hunting priveleges and signed a simple waiver that landowner had his lawyer draw up. Did not really need it as we were real good friends but we both agreed that the way things were changing we both wanted to be protected. Check with an attorney or do as Allan says.

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Pete in MD

03-24-2008 15:04:19

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

I used to run an 860 acre farm here in Maryland and let a small number of people dove hunt each fall for no charge. At that time the Maryland Code said a landowner who lets others hunt "without fee" had no obligation or responsibility to keep the property safe for hunters. I finally stopped doing it in the early 90's because a few of them didn't appreciate the privilege: shell casings left behind, corn knocked down, beer and soda cans left behind, etc.

Don't know about the law in your state, but what he's doing for you would most likely be considered a "fee".

Allan's got the right answer.

Pete

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RodInNS

03-24-2008 14:11:10

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

The same as if you were employing him.... Liability insurance for your land/operation and workmans comp for him.
You'd be further ahead to get something else out of him and just do the work yourself.

Rod

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Red Dave

03-24-2008 09:53:20

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

I'm no lawyer, so my first suggestion is to get one to advise you.

Here in PA, I've heard of similar arrangments. If he is getting something for his labors (in this case hunting rights) he could be considered a part-time employee. That means workers comp insurance, liability insurance & who knows what all.

Like I said, check with a lawyer.

Oh, and a million dollars worth of liability insurance is only a starting place nowadays. How badly do you want to keep your farm?

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coloken

03-24-2008 07:58:39

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

You can all so get rid of the property, go back and live with your mother and hid under the bed. Best is a good insurance that covers hired help, because that is what he would be. Just leting him hunt has its risks too. Or make him a co-owner/partner.

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Walt davies

03-24-2008 07:48:54

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

Good Insurance I have mine up to 1/2 million. You can't keep yourself protected with a paper only insurance.
Walt

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Bob Farrell

03-24-2008 07:19:26

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

I won't say it won't work - but every time I have tried an arrangement like this I have been burned. At the least - I would charge him a set cash fee to hunt - then pay him a cash amount to do the work as an independent contractor. If you suspect something bad "could" come of it - it probably will. Alan has the best answer. Bob F.

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RAB

03-24-2008 07:13:47

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

Not 'free' as you said in your post. You are taking payment for the hunting - even if it is not monetary payment. In the event of any claim you will be the loser, especially if the IRS hears of it.

RAB

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El Toro

03-24-2008 06:27:01

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

I think you should take Allan's suggestion. Hal

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Allan In NE

03-24-2008 06:20:16

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

Run him off. You're just asking for trouble.

Allan

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Steven f/AZ

03-24-2008 15:24:39

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Re: Need help!! in reply to Allan In NE, 03-24-2008 06:20:16

Allan In NE said: (quoted from post at 06:20:16 03/24/08) Run him off. You're just asking for trouble.

Allan

I agree 100%

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RustyFarmall

03-24-2008 06:06:15

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

The first thing you need is a good insurance policy, and you probably also need to install a ROPS device on the 4020. You might also need to provide proper documented training on the safe operation of your tractor. For what its worth, even if you continue to let the guy use his own Yanmar on your property, you'll still want to revue your insurance policy.

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IaGary

03-24-2008 06:00:54

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Re: Need help!! in reply to Raleigh, 03-24-2008 05:57:19

First off does your farm liability insurance cover part time helpers.

I would start with that.

Gary

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Mark-Mi

03-24-2008 10:14:39

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Re: Need help!! in reply to IaGary, 03-24-2008 06:00:54

I wished I had a dollar for everyone of them hunters who said they would do some work for hunting privleages.Mark

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Spook

03-24-2008 17:06:35

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Re: Need help!! in reply to Mark-Mi, 03-24-2008 10:14:39

I hear that.

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