Prepared by Jeffrey J. Jackson
Extension Wildlife Specialist
April 1997
Leasing hunting land is one of several types of hunting enterprises. A good lease describes the agreements between landowner and hunter so that there are no misunderstandings about the privileges being purchased. The clauses below are intended as a list of suggestions on the kinds of understandings usually included in a hunting lease. There is no standard form for these clauses and all items are negotiable. Adapt the following clauses to your needs or prepare your own clauses for particular situations.
Sample clause:
It is understood that all rights and privileges described here are limited to the land and provisions described here and to the undersigned lessor and lessee(s).
Sample clause:
For the sum of $__________ the lessee may hunt the following kinds of animals: . (Write in ``game animals,'' deer, turkey or whatever is allowed.)
Sample clause:
In consideration of the rent described above, the lessor(s) hereby leases to lessee the following described premises:
(Include here a legal description of the property and include a map.)
Sample clause:
The lessee agrees not to sublease the above described lands, nor shall lessee grant any permissions to anyone to hunt or otherwise use the above described land.
Sample clause:
Lessee shall use the premises for
(Write in hunting, camping, picnicking or whatever is allowed.)
purposes only. Lessee may not cut or damage trees, crops, roads or dwellings, fences, buildings or other property on the land.
(Note the lessor may wish to designate camping site or mark trees to be cut for firewood.) Lessee agrees to repair any damage he causes and to return the land and property to the lessor in its prior condition at lessee's expense.
Sample clause:
The lessee may post signs at his own expense. Text and size of such signs is to be approved by the lessor. When placing signs lessee may not drive nails into trees or buildings. (Signs should not be offensive or create an eyesore. Thin wire staples that penetrate only the bark will not damage timber.)
Sample clause:
Lessee may not drive nails or other metal objects into trees for building deer stands or any other purpose.
Sample clause:
Lessee agrees to help protect said lands from trespass and fire. Lessee will make an effort to put out, suppress or report any wildfires that may occur on the property.
Sample clause:
Lessee shall strictly observe all wildlife laws whether state, federal, or local. Conviction of a wildlife law violation by any single member of hunting group will cause loss of lease immediately.
Sample clause:
It is understood that the lessee accepts the land in an ``as is'' condition and further, the lessee understands that hunting is dangerous activity and that there may be hidden hazards such as holes, fence wire, snakes, wells, swamps, ponds, harmful plants, unauthorized careless persons on the land, other hunters, or other risks that may injure him or cause death and the lessee assumes all these risks as his own responsibility. Lessee agrees to hold lessor harmless against any and all claims of loss, damages, liabilities or other expense of or as a result of lessee's occupancy and activities
NOTE: A clause such as this is not a guarantee that the lessor cannot be sued--but it usually increases the chances of winning. The best protection against liability claims is insurance. Although the clause says that hunting is a ``dangerous activity,'' statistically hunting is safer than many other recreational activities such as driving, fishing, certain sports, etc.
Sample clause:
Lessee agrees that lands covered by this lease shall be kept free of litter at all times.
Sample clause:
Lessor retains the right to cancel this lease immediately and make no refunds if in his opinion lessee has not complied strictly with the provisions of this agreement. Lessor may cancel this lease for any other reason upon 30 days written notice to the lessee and in such case the lessor shall return to the lessee a pro rata share of the rent based on the unexpired portion of the lease. It is understood by the lessee that a letter of cancellation of lease shall be addressed to __________ and this will be accepted as sufficient notice by all parties named herein and after expiration of notice period all parties named will immediately cease to exercise all rights stated in this lease.
Sample clause:
Unless this lease is canceled as herein provided the lessee(s) may begin to use the land on __________(date) and all rights granted shall cease on __________(date).
NOTE: A lease can be for an entire year, hunting season, week or a single visit. Some landowners allow camping and picnicking for the entire year. Such extra benefits can help develop a better rapport between lessor and lessees.
(If the hunters are not signing in your presence, the use of a notary public is recommended.)
Executed by __________(lessor(s)) this __________ day of __________, __________.
Acceptance: We acknowledge Ourselves the undersigned lessee(s) to be bound by all terms and conditions of this agreement. All persons using the property must sign. Persons who have not signed this lease are not authorized to hunt on nor enter upon the property described herein.
Hunter's signature and address:
______________________________
______________________________
______________________________
______________________________
Notary Public:
______________________________
______________________________
NOTE: Sample clauses listed here are intended to be illustrative, not exhaustive. The statements or opinions contained herein are in no way to be construed to be those of an attorney-at-law or other legal counsel and are not to be interpreted as such. Concerns raised by the preceding sample clauses are intended merely as drafting considerations for counsel.