Many of us in the Southern United States, lease large tracks of land from private owners and timber companies. If you are leasing from a timber or land company, you will have a contract. You may not be offered a contract for private land, but I suggest that you have some kind of agreement in writing. It keeps the chances of miscommunication between you and the owner to a minimum.

It would be best that the lease be for the club if you have a group of hunters, and each member of the club be signatory partners in the lease. If one person is the signatory of the lease and something happens to that person, the rest of the group could be out in the cold. In some cases the leasor may require just one person be responsible for the lease, but you may be on good ground if the club is incorporated.

I suggest getting a contract for 3 to 5 years with an option to renew for the same number of years. This gives you some security and an incentive to invest time and money into the property with the knowledge that you will have the opportunity to benefit from your efforts.
Sometimes you may only get year to year rights, and this type of agreement may work best for you.

The owner of the property will have terms in the contract to protect his interest. If it’s timber land that you are leasing, there will probably be clauses prohibiting fires on the property outside of the camping area, if one is designated, as well as the prohibition of putting any fasteners in trees. ( a nail in a tree will destroy a saw blade, worth thousands of dollars ) The owner will also reserve the right to perform acts, such as timber cutting as an example or any activities for his own personal enterprises. The owner usually reserves the right to enter the property at any time, and the right to inspect the property to check for damage to any of his improvements to his property. Most owners want to see how you are taking care of the property and will check on you, until he is comfortable that you are looking out for his welfare in the way you manage the property.

There may be clauses in the lease agreement to maintain roads, road right of ways, existing structures, trails, fences, and gates. Some properties may have buildings that you can use for camps or storage of tractors, implements, or other managements items.

The lease should have a legal description of the property, and map of the property showing all boundary lines of the property and the quantity of the land . This map may show easements made to timber companies or utilities that you will have to honor and allow his agents on the property at any time. A map of the property can be obtained at the county seat or court house.

The lease should also state what rights that you are leasing. Some owners will allow you the rights for some or all game animals. I’ve also seen leases that allow just so many guns (hunters) on the property at any given time. The owner may also limit the bag limits on the property. Usually you will be required to follow all state game laws in the lease.

There will be a clause in the lease to indemnify the owner against any liability for any actions, damage, personal injury (including death), claims, demands, causes of action of every kind and character of the hunting club or any of it’s guest. Basically it’s a hold harmless agreement. Also expect to have to obtain liability insurance in the range of $ 1,000,000.00

Last, but not least, the lease agreement will include the cost of the lease and the terms of payment. There may be a clause for the increase of the lease price for each year of the lease or a set amount for the term of the lease. Most lease payments are due around the first week in May and may have a clause requiring you to pay liquidated damages for late payment or possible forfeiture of the lease.
My biggest suggestion is that you take good care of any property that you lease. Nothing leaves a worse taste in an owner’s mouth than for them to walk on the property and see trash along the trails, prime timber cut down, roads in bad repair, and a general disrespect for his property.

By Miscellaneous Authors

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Comments(1):

1. Thanks Ken...

   I am going to the Court House and search for any private easements or land access rights that may be in writing for a land locked 245 acres which unlawful folks are say they have the right to cross and use our roads to get to.

   Monday, November 08, 2010 Dennis