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Hunting Rights

J

Jon Bottum

Member
In a typical farm lease, who has control of the hunting rights, the landowner or the lessee? Is this a set process or is it done, lease by lease?
 
Here it stay with the owner unless otherwise stipulated in the lease. The tenant I had rents a lot of land. He never had rights to hunt any of it and some places he rented the rent was paid by leaving crops in for wildlife or planting food plots. One place he rented the land lord rented the hunting rights to my wife's cousin.

Rick
 
I have always heard the lessee unless stated otherwise. I would think it should be spelled out in the lease.
 
These parts crop lease is just that whether you pay cash rent or chop share. Hunting stays with the landowner in most all instance unless something special was laid out in the crop lease.
 
In a crop rental situation the normal way is that the tenant is just getting the land to use for crop farming. All other rights are still the land owners.
 
In my area; the tenant has all rights unless spelled out in contract. it's not a high priority item and can be figured out easily!
 
Here in my part of SD the hunting rights go to the renter unless the land owner states otherwise in the lease. For myself that is a good thing as a lot of land locally here is owned by persons not from the area and they can be difficult to track down. I do however know who rents/farms it and that's where I get my permission.

Casey in SD
 
Easy answer, IT DEPENDS ON THE LEASE TERMS....

A common law leasehold estate could give the leasehold Tenant most all rights the fee owner had unless stated otherwise.

Soooooooo the answer depends on the parties, their intent and the lease terms CERTAINLY NOT WHAT ANYONE HERE THINKS!!!!!!

If in doubt, consult a local trained professional NOT lay opinions, what's typical where they live or what they did does NOT dictate what you must do...

John T Country Lawyer
 
Easy answer, IT DEPENDS ON THE LEASE TERMS....

This is the best answer to your question as you can see every lease is different. Don't take chances go to the owner with the lease and talk it over.
Walt
 
MY understanding is...if you own the land, you have hunting RIGHTS; if you lease the land, you MAY have hunting PRIVELEGES, which may be subject to revocation by the property owner...IF you negotiate that as part of the deal.
 
Terms and conditions of the lease agreement govern. Lease terms should be discussed fully between the lessor and leasee and always put in writing.
 
Usually in KS the tenant has the hunting rights. It may have been put in the lease otherwise, but that is the norm. Sometimes landowners don't want anyone hunting, in which case it is put in the lease that way. Otherwise, most times the rentor has the say so, unless agreed upon differently. Bob
 
I have separate leases here. I farm somebody else hunts. They do let me hunt free as a courtesy and I do get to know the people that are on the place during the season.
 
When I was approached about renting my land, the renter showed me a copy of his standard contract. It states he is renting the land for farming for the crop season. He does not hunt but is not against hunting. In fact, he even asked if I would like to hunt some of the farms he owns. Problem around here is most people do not care about hunting rights/privileges or permissions. They just help themselves to any land they want to hunt, day or night. DNR seems to not care to follow up on complaints either, encouraging that type of "hunter."
 
I had that question come up a few years ago here in Minnesota. I asked the DNR about it and they had no law on it but said it was usually the person renting the property unless agreed otherwise in the contract. It is kind of like renting out a house. The owner can't just walk into the house anytime he likes. Not if I was renting it anyway.
 
Just a follow-up that I learned over the years. The DNR or Game Wardens patrol and enforce the game laws mostly where there are hunters. If you post your land then it becomes a trespassing issue and the police are the ones to call if you have someone on the property. The best part of the leased hunting is that the hunters do the enforceing, they have money invested in the game on the land.
 
Never have heard of a "standard" hunting lease.
The one group my Dad leased to for years had exclusive rights, no guests allowed. Dad retained rights for himself and his immediate family to hunt. Permanent stands were mapped, any other stand had to be removed at the seasons end. Renter posted and patrolled.
Other guys that gave up all hunting rights usually got a better dollar.
 
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