If you know the story behind Field Junky, you know that our company is
made of young hunters who are all fanatical about promoting hunting and
fishing to a new generation. Attendance to National Parks and Public
Lands has fallen an average of 1% for each of the last 50 years. We want
to do our part in turning this depressing statistic on its back.
Hunting and fishing can both be very expensive sports. Land, gear,
licenses, tags, and transportation are all parts of an outdoorsman’s
budget. Most hunters choose to lease land to help control the cost of
hunting, as well as provide themselves with a private place to hunt.
With a lease comes many questions, and many things the lessee must make
sure are in order.
Rule #1: Get Your Lease in Writing!
Many
hunters lease land from family friends, or friends-of-friends who they
feel can be trusted to uphold an agreed lease. Unfortunately, when money
comes between friends and family, new emotions are added to the mix.
Without a written lease, someone will invariably feel “screwed”. The
best way to solve the “he-said, she-said’s” is to get your lease on
paper.
I have fallen victim to this cardinal sin. I thought my
one-year lease was for 12-months, whereas the farmer said the lease for
the calendar year only (which you think would come with a pro-rated
amount). There also may be disagreements about when you can access land,
and where exactly on the land that you have access to. When a lease is
in writing, all parties must live by what is on paper.
Rule #2-
Make Sure Your Land Owner has Liability Insurance
Accidents
happen. Hunters take part in one of the most dangerous sports known to
man. The wild outdoors, climbing trees, off-roading vehicles, and
carrying loaded weapons can sometimes lead to injuries or death. If an
accident happens, by-law, the landowner is liable. This may lead to a
lessee’s health insurance company, property insurance company (lost
wages), or the lessee suing the lessor (land owner). If a land owner
does not have liability insurance, this could quickly lead them to
bankruptcy. Not to mention, the lessee’s lost wages and health bills
would most likely not be covered.
If the lessee knows the land
owner on a personal basis, it is also more unlikely that the lessee
would take a claim against the land owner. If insurance is involved,
there is less emotion around the entire process. Most states now require
land owners who lease their land to hunters to carry liability
insurance. As a lessee, make sure the land owner is following this state
law. In the short term, the lease may be more expensive, but the lessee
will have the added piece of mind that any accident will be covered.
For
most hunter’s, it’s hard to imagine wanting to sue the land owner for
their own accident. However, a hunter’s family could suffer from such an
accident. A hunter should keep his family’s financial needs in mind
when requesting liability insurance.
Rule #3- Know the Rules and
the Ropes
Leases are as unique as the land they are written for.
Some leases are more like hunting clubs for the lessees; others are
more like structured agreements. Some leases provide “territories” for
each hunter and some do not. Land owners may have land that is
“off-limits” or land that is reserved for the land owner only. Land
owners may restrict certain types of hunting, over-night stays on the
property, or types of structures that may be placed on the land
(including permanent blinds). Guest policies and youth hunt policies
also vary pretty wildly. The truth is that a lease should be a complex
document that spells out every rule imaginable. The lessee should
inherently know how complicated a lease needs to be. Hunting clubs
usually make their own rules, but leases with less familiar people may
need a very detailed document to keep everyone in check.
Rule #4-
Know Who Has Access
Whether a lessee is friends with the other
members of the lease or not, all lessees should have each other’s phone
numbers and contact information. More importantly, the lease document
should include the names of all people who have access to the land and
the description of their vehicles. Poachers and trespassers are a bigger
problem as hunting land becomes more expensive. Knowing who belongs and
who doesn’t could save the land, and possibly lives. If possible,
request that the land owner lock all gates to the hunting land, and
provide each lessee with a key.
It is also a good idea to
coordinate hunting days prior to getting in the field. There is nothing
worse that setting up on top of a fellow deer hunter. Coordinating
territories is even more important for mobile hunting, like turkey,
upland bird, small game and dove hunting. A simple set of phone calls
can prevent a lot of anger and heartache with other lessees. If a farm
has a section of prime land, make sure you rotate the access to that
land, or have a structured payment amount that makes sole access to the
prime land more expensive.
A little common sense goes a long way
in structuring a good lease. If all else fails, hire an area real estate
attorney to sit down with all lease members and draft a binding
document. This little bit of money could create a long-lasting document
that is worth its weight in gold. A good lease ensures happy members and
happy hunting.
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