Do you really have permission?

[MFH]

I recently had a question raised about the validity of permission to hunt on private land. The basic situation is this:

The landowner is a retired farmer and the ground is farmed by his sons. As I understand it, they pay rent on the property. Earlier this fall, a tree stand was found where no permission had been granted. The stand was taken down and left with a note to "keep out". The stand vanished a couple of days later. As I hunt this area, I had spotted a strange vehicle there and know who was responsible. The individual denied any knowledge of the stand. The sons farming the ground do not want this person on the property. A couple of weeks later, the same "hunter" went to the landowner and through a lot of whining (and lies which I can document) the landowner granted permission to hunt on the property. Now, one of the sons claims he would have the person arrested for trespassing and furthermore that I should ask him to leave if we encounter each other.

I realize that this is basically a communication problem between the owner and sons, but the question remains:

Are hunting rights a part of property rent unless specifically excluded (as the sons state) or does a landowner maintain the right to allow trespass on rented ground by a third party without agreement from the renters?

Thanks!

MFH

 

[ARperson]

Having owned rental property, in the past and currently, the tenant does have some rights to the property and the landlord cannot unreasonably exclude people from the property. However, that law is specifically for dwellings.

I would think that the landowner would have final say and if the rental agreement (there should be one) doesn't specifically say, then the landowner probably does have final say. However, if the rental agreement has a clause addressing this, then the rental agreement is king.

If there's no rental agreement and the rent is paid informally, then the tenants probably have very little say in the matter.

Course, this is just my take on what should be the case based on common sense and logic. However, given that the government never operates on these premises, I wouldn't be a bit surprised to find that I'm completely wrong.

 

[smokemaker]

Here in NY, the BS has gotten so deep that the Sheriff and/or DEC officer can find you chargeable with trespass unless you have a signed letter authorizing you to hunt that land, at least in the county I hunt in. So, apparently, the landOWNER has the final say, to the point where documentation is the definitive proof.

 

[muleshoe]

"Are hunting rights a part of property rent unless specifically excluded (as the sons state)..."

Yup.

It sounds as if this 'other guy' could possibly screw around and get both the landowner and renters iritated enough to just boot everyone off.

Maybe he should be talked to before that happens.

 

[4v50 Gary]

Generally the leaseholder has exclusive possession of the land. The farmer & his sons can keep people off. The hunter is a trespasser since the landlord, unless his lease with the farmer states otherwise, does not have the right to grant access to the land.

 

[CommonSense]

In Wisconsin, the renter or leaseholder dictates the hunting/fishing rights unless clearly stated otherwise in the lease (or if the good old DNR was anything to say about it.)

 

[Double Naught Spy]

Here in Texas, the person in control of the land has the rights to allow hunting or not. Control of the land may be by ownership or by lease. If the actual owner does not wish the leasee to hunt or allow hunting on the land, that can be a part of the lease. The owner can even require, as part of the lease, that the land NOT be sublet in any fashion, so the leasee could not sub lease the land for deer hunts although he might allow buddies to deer hunt for free. The lease could include allowance for bird hunting (shotgun only, for example) and not other form of hunting and no other form of firearm shooting on property.

Just becasue a person is leasing the land does not mean they necessarily lease the environmental rights (inclusive of hunting game, harvested trees for fire or sale, etc.), groundwater rights, or mineral rights. These can be limited via the lease.