Hunting Lease: Tips for a Great Season

It’s everybody’s dream: A piece of property where
you have exclusive rights to hunt. Maybe there’s a cabin
already there. All you have to do is show up, change
into your hunting clothes, and watch out deer.

Given the cost of prime hunting land, most of us
cannot afford that dream. But we might be able to
bear the expense with a hunting lease. That way, we get
the benefits of exclusivity, but without the high cost
of ownership.

Unfortunately, rather than being a pleasure, leases
can become the source of strife and broken friendships.
But there’s a way to avoid such grief.

At base, a hunting lease is simple. You and a couple of buddies agree with a farmer that, for a set annual fee, you’ll have exclusive hunting rights to his land. The three or five or eight of you split the expenses, and that’s that.

Unfortunately, it often isn’t that easy. There are lots of potential pitfalls that can turn your dream literally into a nightmare.

Here’s just one example: Five of us went in together on a hunting lease. The friend who put it together thought he knew each of us well, and that we were all on the same track. Except Ralph---I’ll call him that---was working on his own program.

For instance, we had established a rule that children were included in the hunting lease. And that each of us could bring one guest, except on opening weekends. The intent, which we thought everybody understood, was that minor children were included on the lease. And “guest” referred to somebody who accompanied you.

We had also informally divided the property into five hunting areas, and each of us had primary rights to each locale.

Then comes the day I show up to find a herd of strangers stomping all over my hunting ground. Ralph had given his key to his adult son, who in turn invited one of his buddies. Each of them brought their teenage children along; a total of five hunters, none of whom had a clue, running around spooking the deer. Ralph, himself, was numbered among the missing. He wasn’t hunting that week.

What made it particularly aggravating is that this took place during the muzzleloading season, which was the main reason I took part in the hunting lease in the first place. Basically, the week I’d paid for, and looked forward to, was ruined.

Such misunderstandings are, unfortunately, common with hunting leases. And they can be avoided by understanding that there are two contracts involved in a lease: One between the hunting group and the landowner, and another between the hunters themselves. In each case, despite any friendships that might exist, all details of the arrangement should be spelled out in detail, and in writing.

Among the points you must get straight with the landowner: Exactly what property is included. Actually using the legal description is a smart move. Within that framework, any restrictive covenants should be specified, such as if certain fields are excluded either permanently or until such time as crops are harvested. I was once part of a pheasant hunting lease. The farmer assumed we wouldn’t be out there until he’d harvested his corn and beans, but never specified so. We, on the other hand, assumed the hunting lease extended from opening day, regardless. That was fifteen years ago, and there are still hard feelings.

What game is covered by the hunting lease? Is there a time restriction? The farmer might think he is leasing you fall deer hunting rights only, while you might have both deer and spring turkey in mind. Be sure that all parties understand precisely what is being leased.

Is subleasing a possibility? I used to hunt with some boys in Louisiana who had exclusive waterfowling rights on a particular property. They had subleased it from a deer hunting club. In that case, the landowner had granted all hunting rights to the original club. But that might not be the case. Indeed, most landowners want to control who uses their land, and for what purpose. So get that settled up front.

What are your rights regarding the use of any buildings and farm equipment? That lovely cabin, centrally located by a pond, may or may not be yours to use as a base camp. And if it is, that doesn’t automatically mean you have the right to fish the pond. Unless the landowner agrees to it, those bass and bluegill are his, not yours. And speaking of base camps, don’t assume you can camp on the land. Arrange that with the landowner up front.

One of the most ticklish questions is your right to put in food plots and make other improvements. Any such plans need to be spelled out in detail in the hunting lease, and the landowner then signs-off on them.

The contract has to include a statement of exclusivity. Many landowners who lease their land reserve the right to have themselves and family members still hunt it. If that’s the case, be sure everyone understands exactly what that means. And, while you’re at it, go into detail as to who will have gate keys, and who is responsible if anything goes amiss.

Meanwhile, be very specific among yourselves as to what rules and regulations apply to the group. Think of it as a corporate entity, and actually write up by-laws that each member of the group must sign.

As noted above, the question of guests is often confusing. Don’t assume the other hunters understand what was intended. Cover all the bases. Don’t say “children” if you mean “minor children.” Detail how many guests each member is allowed, and when and where they can hunt.

In the above example, for instance, four of the five of us knew that minor children were welcome at any time, but that their activities would be confined to the member’s hunting area unless another member specifically agreed otherwise. And that a “guest” was only welcome when accompanied by the member.

Don’t forget off-season work days. Your written agreement should specify how many work days each member must provide as part of his hunting lease payment; the kind of work that will be done; and any mandates for not fulfilling work-day requirements. For instance, let’s say you schedule five work days to put in food plots, and Ralph, eh, that is, one of the members doesn’t show up. What do you do about it? The time to decide is before it happens.

Speaking of costs, your agreement should specify how much each member is responsible for, and when the payments are due. Costs can include more than the lease payment. If you’re putting in food plots, somebody has to pay for the seed, and the fuel for the tractor, and so forth. Don’t depend on a members good will for these expenses.

Can someone in the group sell his membership? Certainly, things happen and members drop out for one reason or another. But does that mean you’re stuck with a stranger in the middle of the season?

If your agreement with the landowner includes off-season use, detail what that means, and who is responsible for maintenance. For instance, if one of the party uses the cabin for a summer weekend, and his family leaves it a mess, what do you do about it? Indeed, what about damage to the land itself? Is the group liable? Or just the member causing the damage?

It’s easy to take the attitude that none of this is necessary. After all, you know your buddies, and what they’re capable of. But the history of hunting leases indicates that you really don’t. And hashing out all contingencies ahead of time can assure a lease that’s a pleasure to be part of, instead of a pain in the buttstock.