Would you like to generate additional
income from your rural property? Leasing
it to hunters may be the answer. But before
you venture into a lease arrangement,
develop a lease agreement that clearly
outlines the rights of you and the hunter.
Here's what the experts recommend including
in a lease agreement:
Duration of the Lease Term -- Specify the
beginning and end of the lease term. If the
hunter has the privilege to scout the premises,
set up feeders, erect blinds or conduct
other similar projects before the season,
say so. Most leases are for a single hunting
season. But in order to undertake long-term
improvement projects, your hunters may
want a right of renewal in the lease.
Property Description -- Describe the exact
area on which the hunting privilege is extended,
using a legal or metes-and-bounds
description, sketch or plat.
Access to the Lease Tract -- If the land
does not have public access, you will need
to designate a specific route for the hunters'
access. If it has more than one public
access, you may wish to restrict them to
only one. The lease usually requires hunters
to keep all gates shut and locked, and keys
returned at the termination of the lease.
Vehicular travel may be restricted to certain
parts of the lease or to existing roads only.
Game That May Be Hunted -- State what
game may be taken and when. For instance,
some leases may deny quail hunting
until deer season closes. You may make the
lease more restrictive than the state seasons,
but a lease cannot grant permission
to take wildlife outside the hunting season
framework.
Weapons and Hunting Methods Allowed --
Agree on the types of weapons that may be used -- bow,
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rifles or shotguns. Again,
the lease cannot supercede general state
regulations. The agreement also may limit
shooting to blinds or stands only, or may
allow stalking only during bow season.
Dogs may be prohibited or limited to
pursuing quail or doves. Decide if night
hunting is permitted for game such as raccoons
and, if so, when.
Number of Hunters and Guests -- Specify
the number of hunters who may participate
on the lease. Stipulate if and when
guests will be allowed, and the quantity of
game they may take. Specify if guests are to
be accompanied by the host hunter. Also
specify the maximum number of hunters
and guests allowed on the leased premises
at one time.
Harvested Game -- Many hunters want
trophy bucks only. To ensure that an
adequate number of does are harvested,
you may require one or more does be
taken before a buck. Game management
programs are offered, but vary by state. In
Louisiana, for example, some landowners
with sufficient acreage may require that
a leaseholder participate in the Louisiana
Department of Wildlife and Fisheries'
Deer Management Assistance Program,
which requires the participant -- not the
landowner -- to adhere to certain game
management procedures.
Lease Price and Terms -- Set the price of
the lease per year, per day, per hunter or
per animal. Establish whether the payment
must be made in lump sum when privileges
begin or periodically throughout the
year. The lease should address whether the
rights and obligations of either party may
be transferred or assigned.
Use and Improvements -- The lease price
should reflect the quantity and quality of overnight facilities available to the hunter.
Specify which facilities |
may be used, and
who is responsible for cleaning and repairs.
If there aren't facilities, specify whether
camping and fires will be allowed. If the
lease permits hunters to improve the leased
land by improving roads, erecting blinds
and so forth, specify who bears the expenses.
Safety and Compliance -- Your agreement
may impose safety rules, such as prohibiting
consumption of alcohol or prohibiting
loaded guns in the camp house. Stipulate
that the hunter must comply with all
state hunting laws. Many landowners also
require hunters to maintain records and
photographs of each harvested deer.
Landowner's Rights to Hunt and Inspect --
The landowner may reserve the right to
inspect the camp house, vehicles and game
bags for compliance with the lease terms
and game laws. Specify if the landowner
has the right to use the property for hunting.
Use for Non-hunting Purposes --
Describe non-hunting activities allowed,
such as camping, fishing, photography and
target shooting.
Release of Liability -- Have hunters sign
a release of liability, releasing you, as
landowner, from liability. A sample release
and additional information on landowners'
liability is available by calling the Real
Estate Center at Texas A&M University at
1-800-244-2144.
Editor's Note: This article is excerpted with
permission from The Texas Deer Lease, written by Judon Fambrough and published
through the Texas A&M University Real
Estate Center. Additional information was
provided by Randy Spencer, Mississippi
Wildlife, Fisheries and Parks; John Leslie,
Louisiana Department of Wildlife & Fisheries; and Jan Scott, Alabama Game and Fish Division.
- Sue Durio |