A hunting lease is an agreement between two parties (a landowner and a hunter, usually) that allows the hunter (also known as a lessee) to visit and hunt on the landowner’s (lessor’s) property for a set fee.
For landowners and farmers who want to reduce deer populations and limit damage to crops, hunting leases provide a beneficial and profitable option.
If you plan on leasing your land to hunters, it’s important to ensure the lease is well-written and thorough enough to fully protect you and your property. Here are 6 important considerations for your lease.
Identity of the Parties
Clearly identify the persons entitled to hunt under the agreement. A hunting lease is not an open call to any and all hunters, but a specific agreement between you and another person or persons. Clearly identifying who is covered under the lease will help prevent any confusion, accidents, or possible liability.
Describe the Property being Leased
It’s important you describe exactly where the hunter is allowed to hunt and where they are not. If you want some areas to remain off limits, then you need to ensure it’s properly described in the lease.
Rules and Regulations
Make sure that you define and review any rules you want to include in the lease. Will you be allowing the lessee to bring any guests? If so, how many? What types of firearms may be used? Does the lease cover all seasons?
Liability Protection
Accidents happen.. You do not want to be responsible for injuries or mistakes that happen while hunting, so you need to have a waiver in place to protect yourself from any potential liability or injury claims. In addition to a waiver, the leasing party should also be responsible for obtaining a liability policy naming you as an additional insured.
Defaults
A well drafted lease should clearly define the terms of default and remedies available to both parties.
Payment Terms
To ensure you are compensated for leasing your land, you’ll need to clearly define the costs, forms of payment, times for payment, deposit requirements, and anything else regarding payment
There are many options to consider and discuss. If you’re thinking about leasing your land out this season, contact the lawyers at Stanko, Senter & Mitchell today!
