hunting lease-feedback request

[Kingcreek]

I have a situation with some property I hunt. Great whitetail habitat but the owners go to Florida for the winter, and some others know this and feel they should be able to hunt it. I have done what I can but not really had the legal authority to run the trespassers out.
The owner are older simple country folk. I brought up the idea of a contract or lease agreement and they seemed intimidated by that. never signed any contracts before, always just word-of-mouth, but that ain't working anymore.
I have been roughing up a simple agreement that I hope would give me the leverage I want without freaking the owners out (and maybe closing it to everyone, including me).
Would some of you folks with some experience in these things mind taking a look at my draft?
TIA

This is a contract between land owners Mr and Mrs xxxx, and tenant Kingcreek.

This contract describes an agreement to allow Kingcreek access and limited control of certain non-agricultural land for the purposes of private hunting or recreation only.

It does not allow for any other agricultural or commercial use by the tenant such as guided hunts, trophy hunting, or any other “pay-to-hunt” enterprise by the tenant. In other words, the tenant will not realize income from the use of this land.

It does not affect any land currently being farmed or rented by other parties.

The tenant agrees to hunt in a safe and legal manner and will not hold the owners responsible for any accident or injuries.

The owners agree to allow the tenant authority to restrict the access of any other hunters or trespassers.

The owners agree to allow the tenant to clear brush as needed to gain access or make trails, install or remove hunting equipment, plant food plots for wildlife, and to hunt. The tenant will not make any changes to the land that would negatively impact the land or its value.

The parcel of land is described as follows:







In consideration of the above, Kingcreek (tenant) agrees to pay the owners rent in the amount of $_________ for the term ______________ to ______________.

Agreed to and signed by:

Owner(s) Tenant

___________________ date_________ ____________________ date________

___________________ date_________

 

[High Planes Drifter]

It looks like you've covered all of your bases with it.

But you may need to mention something about prividing some form of liability insurance in this paragraph:


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The tenant agrees to hunt in a safe and legal manner and will not hold the owners responsible for any accident or injuries.
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Something to the effect of " Upon landowners wishes, tenant agrees to provide liability insurance for the parcel of land covered in this lease" . Im just saying, I know most landowners would want that. Maybe these folks arent worried about that.?

 

[wdlsguy]

http://www.google.com/search?hl=en&lr=&q=sample+hunting+lease

 

[Kingcreek]

When I brought up the liability issue with them, I had to explain what that was. I wasn't kidding about them being simple country folk. They didn't even understand why I want to pay them something. I can just hunt it for free, like I have for years.
Some good sample contracts from that link but anything written in legalese or more than one page is gonna cause a meltdown.
I might look into a liability policy that covers me and not even mention it to them.
Thanks

 

[Poper]

King Creek,
Why not just offer to provide the "POSTED - NO HUNTING" signs for the written permission to hunt the property? Trespassers could then be reported to the authorities.
Poper

 

[Kingcreek]

tried that a year ago.
The people causing the problems don't care. They have not asked for permission, and they know that I lack real legal authority to give em the boot. They THINK they have as much right to be there as me. I already contacted the conservation dept and without direct communication from the owners or or something in writing giving me authority, there will be no enforcement. I can see thier point of view. I can tell them I am the only one with permission but that gets me nowhere without some signatures on paper.
The owners don't want to cause any trouble for anyone, and don't really understand all of this anyway.They are also fearful of some kind of retaliation.
One of the problem trespassers is a family member of the guy who rents some tillable farmland from these same folks (he pays no rent and has no claim to the timbered ground anyway), another is a neighbor, and now we are getting the friends, the friends of the friends, the wife's second cousin's nephew, etc. All of whom think this whitetail hotspot should be wide open.
I want to put some foodplots in on some creek bottom and make it an even better place, but not if all my work is just making it better for the outlaws. I have had these jokers drive around drinking beer and throwing out thier cans, walk in on my trails while laughing and talking on cell phones, smoking, etc.
My only revenge is that I have killed several deer here in spite of them. and once, when I found that they had left a full bottle of scentshield spray on thier tailgate, I poured most of it out and refilled it from my bladder.

 

[atomchaser]

Absent the owners present on the property or a contract specifying your rights to the land, I think you'll have to live with the interlopers.

 

[Kingcreek]

atomchaser, that is precisely why I want to wrap this up with a simple contract. something that won't go over the heads of these nice old farm folks. They aren't stupid, just naive and very old-fashioned. These are people who always believed that a word or a handshake was better than any piece of paper.
Last year I told them of some of the problems and they said they trusted me to handle it. They have known me for atleast 30 years and I've hunted this land off and on for over 20. They don't fully understand the problem and are afraid to get in the middle of something like this.
All of these so-called hunters are half my age. I am 50 and they are 20-25.
They are slobs and they are lazy. I walk a half mile out of my way to sneak in downwind, and 30 minutes or an hour later they drive past me in a truck or quad! They have wounded a couple deer and I don't think they have recovered even one, yet they brag about being "trophy hunters". They are partying and having a good time, but they are screwing up my hunting. The situation has deteriorated each of the last 3 years.
They will either "run me out", or I will have a way to legally deny them access or prosecute them for trespass. Clearly I do not expect the owners to be assertive.

 

[atomchaser]

Definitely a delicate situation. Maybe the way to sell the contact/exclusive access is to educate them on the liability that they are assuming to permitting (or at least passively allowing) others (especially if they are irresponsible/drunk/stoned, etc) on their land. If the owners have enough sophisication to live in FL part of the year, surely the apprecicate the litigous nature of our society these days and the cost of defending against even a groundless lawsuit.

 

[asknight]

Kingcreek, I'm not sure I understand the problem or your position. Is the problem that you are not the only one allowed to hunt the land? If the landowners allow you to hunt for free, whats wrong with them allowing someone else to do the same?

I guess my main question is: Are you certain that the other people "trespassing" do not have the same word of mouth agreement that you have with the landowners?

I'm not convinced that leasing up, or attempting to talk landowners into leasing, every available piece of wildlife habitat is good for the sport, unless your intentions are to change the act of hunting from a sport to an investment/payment type of capitalization.

 

[Kingcreek]

asknight

I guess my main question is: Are you certain that the other people "trespassing" do not have the same word of mouth agreement that you have with the landowners?

YES Please re-read my posts above. If it remains unclear, then I'm not sure I can provide enough information to satisfy you. I am mainly concerned about the language and any serious ommisions from my simple "contract".
atomchaser

If the owners have enough sophisication to live in FL part of the year, surely they apprecicate the litigous nature of our society these days and the cost of defending against even a groundless lawsuit.

I wish I could confirm that, but they visited Florida, liked it, and paid cash for a place to come back to every winter. They don't have a money problem. I have done my best to explain the liability issues and problems to them.
asknight

I'm not convinced that leasing up, or attempting to talk landowners into leasing, every available piece of wildlife habitat is good for the sport, unless your intentions are to change the act of hunting from a sport to an investment/payment type of capitalization.

OK, I'll admit it, I am trying to to lock up this particular piece of land, not "every available piece of wildlife habitat". and I certainly don't think these guys are "good for the sport".