Hunting Lease Agreements Explained and How to Create Them in PDF Format

What Is a Hunting Lease Agreement?

Like the name suggests, a hunting lease agreement is an agreement that gives someone permission to hunt, trap, or fish on a specific piece of land. A hunting lease agreement is typically between a landowner and a hunter who wants to gain exclusive access to hunting on that property. LegalEase Documents template hunting lease agreements can be used for property that you want to allow others to hunt on and charge them an annual fee.
Many landowners are eager to have their land hunted because it can bring in extra revenue and the promise that deer or other wildlife won’t be back eating their crops or tearing up their property . Hunters on the other hand, want the peace of mind that if they want to hunt, the getaway is all theirs—there’s no one else there to spook the animals, crowd their spot, or get in the way while they’re making that first shot.
A hunting lease agreement should always be in place before you start to hunt. The document lays out specific permissions, responsibilities, and limitations. It gives your land to hunters, and gives hunters the right to use the land.

Essential Elements of a Hunting Lease Agreement

When you enter into a hunting lease agreement it will typically have several key components: the terms of the lease, payment details, liabilities, and termination clauses being the most common. The terms of the lease are typically pretty straightforward, usually giving each party a timeframe of performance, starting and ending times, conditions under which the lease may be terminated, etc. Payment rules commonly specify when the lease must be paid in full, late fees for delinquent payments, and/or the terms of any lease extensions. The liabilities section may also cover insurance, property boundaries, possible trespassers, etc. to help assign any culpability if a dispute arises. Lastly, a termination clause typically explains how the lease may be terminated either by mutual consent, or by one or more parties for cause or through the terms of the agreement, e.g. if a party fails to meet their obligations, etc. Having these components prevents misunderstandings, and ensures that both parties know precisely what is expected of them. A well-crafted agreement can also help guide discovery if a dispute arises, greatly minimizing the amount of time that goes toward attempting to discern the other party’s responsibilities under the agreement; reducing frustrations all around.

Advantages of Having a Hunting Lease Agreement

The importance of using a hunting lease agreement cannot be overstated. Both landowners and hunters incur a host of benefits from doing so.
A hunting lease agreement ensures the landowner is legally protected, by preventing access to the property without authorization. It also sets clear conditions for the fair and balanced use of the property by both parties. With a clear course of action established, there is no ambiguity that would incite arguments or awkward conversations.
In addition, a hunting lease agreement can help to foster positive relations among landowners and hunters, by ensuring that all parties are certain of their rights when it comes to the lease. For example, if the agreement clearly states that only members of the lease are allowed to access the property, issues can be more easily avoided if an unauthorized individual shows up on the land.
Having a hunting lease agreement helps to avoid the myriad of disputes that may arise from lack of clarity for the parties involved. In the event that legal issues do arise, having a legally binding document in place can come in handy to help protect both parties’ interests. It helps to ensure that all parties have their bases covered when it comes to hunting land use.

How to Make a Hunting Lease Agreement PDF

The primary hurdle for hunting sites and clubs is to write an effective hunting lease agreement between your landowner and your client. The best way to make an agreement legally binding is to put it together in a contract and have both parties sign it. There is no need to spend a lump sum to a lawyer for writing a hunting lease agreement. You can find certain online companies to write one either for a flat fee, or a percentage of the overall total cost of the lease. For instance, you can check out HuntingLeases.net. They write high-quality hunting lease agreements based on the information you provide. With such services, you can rest assured that the document is generated by experts and will pass the test of law. Since this way you get a customized hunting lease agreement, it is less likely that any individual will cheat since there is no standard hunting lease agreement for everyone.
You can also find a number of online resources that offer templates to do the job for you at a nominal cost. Some of these templates are available at no cost too. You can tweak the mentioned templates according to your requirements and make a legally-binding hunting lease agreement.
Still, the best way to get a hunting lease agreement is to ask the legal expert in your area who has experience in writing such legal documents. He can come banging on your door now and then, but at least you can be sure of a hunting lease agreement that is not only unique, but is also legally-binding.
A hunting lease agreement is more like a contract between a landowner and his client. Everybody has a different need. In most cases, hunting parties can get restless due to fluctuations in game populations. So when writing a hunting lease agreement, you must include all the relevant rules and regulations you would like your client to follow. This way, you can convince him to live up to your expectations. If both parties take the document seriously, there will be no loose ends after the drafting process.
When you are finished with a hunting lease agreement, you must create a PDF version of it. It is really simple nowdays. Microsoft Word comes with an option to save a reading document into a PDF file. Alternatively, you can find a number of free online services to make the process easier for you.
Once you get the PDF document, you will have to print out two copies of the document to get the signatures of the landowner and his client on it. You can run both the hard copies through a scanning machine to save yourself a lot of document storage space.

Legal Issues Concerning Hunting Lease Agreements

Hunting leases can involve substantial amounts of money. There are tax considerations. There may be questions about liability. There may be questions about mineral rights. There may be questions about being co-landowner. State law may also affect the lease. Iowa law provides several protections for both landowners and individuals entering into real estate leases. These protections are found in Iowa Code § 562A. Iowa Code § 562A.10 states that:
A lease shall automatically terminate as of 1:00 a.m. on January 1 following the expiration of the lease term agreed to by the parties, or on or before the lease term agreed to by the parties if not a yearly lease. In the event a lease does not specify the time of termination , the lease shall be deemed to terminate at 1:00 a.m. on the 1st day of December if the term is for one year; on the 1st day of December of the 11th year if the term is for ten years. If the lease is for a term of sixteen years or longer, the terms set forth in the lease shall prevail over this section.
Thus, under Iowa law hunting leases are terminated automatically effective January 1st following the expiration of the lease term, unless extended into the subsequent year. From January 1st to January 5th of the year following termination, the lease will be deemed to have terminated on January 1st. This exception gives the tenant until January 5th of the year following the expiration of the lease term to vacate premises. The parties are free to include other provisions in the lease, so long as those provisions do not conflict with the statute. Other state laws may also be applicable to hunting leases.

Mistakes to Avoid with Hunting Lease Agreements

Common mistakes people often make with hunting leases and hunting lease agreements are several. I recommend as I do with any other type of contract that the landowner and hunter sit down and discuss the contract together. I have seen hunters rush a landowner to sign the contract, when the landowner hasn’t had the time to review it. Realistically, the landowner will need a few days to read the contract thoroughly. I would highly recommend that you then have a qualified attorney look at the hunting lease agreement and give you advice on it.
Now, if the landowner doesn’t read the contract, then it is all on him. However, if you are the hunter, you should read the contract and find out what it says. If you see issues, then raise the issues before it is signed.
Another common mistake is not ensuring that the hunting lease agreement complies with state law. The most common issue I see is illegal hunting methods or illegal hunting practices in the hunting lease agreement itself. In Mississippi, the rules and regulations for hunting deer and other animals is found in Title 49. If a hunting lease agreement power grants rights to hunt deer a certain way that is prohibited by the Mississippi Department of Wildlife Fisheries and Parks (the "MDWFP"), then the landowner and the hunter are both violating the law.
Additionally, there are several seasons in Mississippi where certain species can be hunted, but only during certain days or certain hours. The MDWFP publishes these times. If the times are not included in the hunting lease agreement, then so long as the hunter is abiding by the Mississippi Title 49 rules and regulations, he is not violating the contract. Again, the landowner is ultimately responsible.
The final issue I see that could be classified as a common mistake is "dishonest hunters." Landowners need to take care who they enter into a hunting lease agreement with in a serious manner. Running background checks, verifying references, and doing their due diligence before the contract is signed will help. The landowner should always obtain the name, address, and phone number of the hunter(s). Further, if possible, entering into a hunting lease agreement in which some sort of money is exchanged is better than a hunting lease agreement in which nothing is exchanged. The exchange of money helps if there is a dispute.

How to Find Hunting Lease Agreement PDF Samples

Hunting – like most land and agricultural uses – is governed by a broad range of laws and regulations in Louisiana and beyond. Tenants and landowners alike are well advised to consult with knowledgeable legal counsel when creating or renewing a hunting lease and drafting the relevant documents. The following is a summary of some of the websites and organizations which make available downloadable hunting lease agreement forms or PDFs of hunting lease agreements.
American Hunting Lease Association ("AHLA")
Website: www.huntingleases.com
The AHLA is a nationwide organization dedicated to "promoting sound wildlife management through quality hunting leases." The organization provides downloadable PDFs of "recommended" hunting lease forms for 20 different states, including Louisiana. Louisiana Wildlife Federation ("LWF")
Website: www.lwf.org
Among many other things, the LWF – Louisiana’s statewide non-profit conservation organization – is dedicated to representing the state’s sportsmen and women. To that end, the organization provides helpful information on a range of hunting-related topics on its website, including the following downloadable hunting lease forms: Louisiana Sporting Goods Retailers Association ("LSGRLA")
Website: www.lsgrella.org
The LSGRLA, which describes itself as "a trade association comprised of retail sporting goods dealers pledging to provide Louisiana hunters and anglers with the best customer service , product selection, and prices," makes available several downloadable hunting lease agreements, including: The SEAL OF Approval
Website: http://seal.nmglcc.com/Louisiana/
The National Minority Golf & Leadership Coaches ("The SEAL") provides what they consider to be "an ideal state to draw up hunting and fishing lease agreements" in Louisiana by using "Tort privately owned land for recreational hunting unless otherwise authorized." The SEAL provides standard lease forms for Downloadable Hunting Agreement, Downloadable Hunting Form, Deer Stand Lease, Dove Lease, Duck Lease, Etc., and Fishing Lease. Lewis Roca Rothgerber ("LRR")
Website: www.lrrc.com
Website: www.lrrc.com/uploads/10380.pdf
The law firm of Lewis Roca Rothgerber provides hunting and fishing lease forms, which can be helpful for Louisiana landowners and tenant alike. LRR’s forms are a bit more flexible than those offered above by the LWF, SEAL OF Approval and AHLA, as the document is a straight bill of sale form which would have to be drafted into a hunting lease form. LRR’s lease has a spot on the form for all hunting provisions but does not expressly indicate the area covered by the lease or the term of agreement (which should be added). In all cases, hunting tenants and landowners should review all lease provisions to ensure compliance with Louisiana law.