Hunting Lease Question

I was reading Bob B’s post on trespassers on leased land and I was wondering how hunting leases were worded. I must admit, I know very little about how hunting leases work as I have never been involved with one.

My question is: on a standard lease (if there is a standard), does this prohibit everyone from being on the land or can the landowner (and/or others) still be on the land for other purposes? And is it only for specified times of the year?

I am curious because my dad has a handshake agreement to rent a neighbor’s land for pasture, of which I walk/check fences throughout the year. If I see the hunters vehicles, I try to be discreet, but if I don’t see them I will not simply stay on the fenceline.

Just to be clear, I’m not trying to defend any trespassers, but I just want to get an idea of how hunting leases are worded for situations similar to mine.

You hit it right on the head. Its the specific language used that defines the lease agreement. I have a couple fields rented to the neighbor for crops. He has full access to anything directly related to agricultural use of the land. It is specified that he can not hunt or have mineral rights or anything else if found. But if I’m hunting and he decides to till the field that day, absolutely nothing I can do about it. But then, our agreement is in writing for 5 years contract.
Also, you can get into some parcels of land where the land OWNER does not have the mineral rights. A mining company could come in and do sample bores regardless of any other contract. Lawyers

Every lease is structured a little bit differently and it’s simply an agreement that is drawn up between the lessor and the lessee. Some of my leases are prohibited to only hunters that are named within the lease. Other leases are more general and allow the lessee total control of who they want to bring on the hunting land.

Here’s a standard lease agreement that I’ve used that answers some of your questions above.

HUNTING LEASE AGREEMENT

For the sum of ________, this Agreement is made between _____________ (hereinafter “Lessor/Owner”) and _____________, (hereinafter “Lessee” whether one or more) for the lease of deer hunting rights on the property (hereinafter “the Property”) and described further as:

____________________________________

Legal Description:

Parcel __________________________

owned by ________________ for deer during the ________________ deer hunting season (bow, firearm, muzzleloader and late season bow).

1. This Agreement shall begin on the _______________ and extend for a period of ____ days expiring on the _________________.

2. Lessee must abide by all laws in the ___ DNR Hunting Regulations Book.

3. Lessor can revoke anyone’s right on property at any time during lease for not abiding by the terms outlined in this agreement.

4. Deer hunting rights include the entire bow, rifle and muzzleloader seasons.

5. All other hunters outside of this lease agreement are prohibited on the property.

6. All other individuals outside of this lease agreement are prohibited on the property during the dates within this agreement unless the Lessor notifies the Lessee. An example of this would be for someone to cut firewood.

7. Lessor shall not be held liable for any damage to personal property, theft, or bodily injury that may occur while on the property.

8. The use of tree spikes or nails in potential saw logs is prohibited.

9. If the property is sold within the dates of this agreement, a refund will be given to the lessee on a prorated basis. For example, if the property is sold 1/2 of the days into the lease, 50% of the total lease $______ will be refunded to the lessee.

10. Lessee will remove all structures placed from the lease upon the termination of this agreement unless prearranged with the Lessor.

11. This agreement shall be construed under and in accordance with the laws of the state of ___.

LESSOR

_________________________________

Name
Address

LESSEE

__________________________________

Name
Address

Thanks for the responses. I’m fortunate to have good neighbors around me that show mutual respect. It seems like it’s getting less common.