Carefully Consider Hunting Lease Terms

Robert Moore

Hunting leases in Ohio have seen a dramatic increase in popularity over the past few years. The catalyst that started a move towards hunting leases was the Ohio Tort Reform Act of 2005. Prior to 2005, Ohio’s Recreational User Statute prevented landowners from being liable for injuries to hunters and recreational users provided that the landowner did not take payment for the use of the land. Most landowners opted to not charge for hunting on their land to maintain the very favorable liability protection of the Recreational User Statute. However, the Ohio Tort Reform Act changed the law so that landowners could receive lease payments and maintain their liability protection. Landowners quickly realized the opportunity for additional income from their land with very little downside for liability protection.

Hunting leases present a dilemma for farmers. Many outfitters or hunters that lease land, particularly those willing to pay top dollar, are looking to kill trophy bucks and not females. Hunters want a relatively large deer population to give them the best chance of killing a big buck. Conversely, farmers want a relatively small deer population to minimize damage to their crops. To maintain smaller deer populations, as many or even more female deer must be killed than male deer. These two different objectives of the hunter and the farmer are in direct conflict. If this issue is not addressed in the hunting lease, the leasing hunter has total control over how many and what type of deer are killed on the property. This control by the hunter can lead to a quick increase in the deer population. Therefore, if the farmer has concerns about controlling the deer population it must be addressed up front in the lease. Possible terms for the farmer to include in the hunting lease might be for a specific number of females to be killed on the farm or perhaps a female must be killed for every buck.

Landowners must also be sure to understand the extent of the hunting lease. Some landowners are surprised to find that they are unable to hunt on their own land without the permission of the leasing hunter. When a landowner leases his land for hunting, he is giving up the right to use the land himself. Just like a landowner gives up the right to farm his own land when he rents it to a tenant farmer, a hunting lease is no different. The landowner may want to reserve the right for himself and his family to have hunting rights on the property. The landowner should also consider making the hunting lease only effective during deer season and/or turkey season. This allows the landowner to open up the land to groundhog and other nuisance hunters during the summer months.

Another issue that should be addressed in the hunting lease is vehicle access to the property. Nothing makes a farmer more upset than to see the tire tracks from a hunter’s pickup truck going through the middle of a wheat field. The landowner should clearly establish where vehicles are permitted to drive and park and what type of vehicles are permitted on the property (ATV’s). Penalties should be included in the lease if the hunter violates the vehicle restriction terms. The penalties might include a fine or the termination of the lease.

The landowner should require the hunter to maintain a liability insurance policy of at least $1,000,000. While the landowner has very little liability exposure for hunting leases, it is still best to be sure the hunter or outfitter has adequate liability protection themselves. The lease should also include language whereby the hunter holds harmless and indemnifies the landowner for any liability incidents caused by the hunter. While Ohio law provides excellent liability protection to the landowner, it never hurts to also have it expressly stated in the lease.

Hunting leases provide an excellent source of secondary income to landowners. However, landowners should be diligent about entering into a lease that protects their interests and goals. A poorly drafted lease can lead to problems for both the landowner and hunter.

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