Setting Up a Hunting Lease on Private Property

Ranches and agricultural properties can generate secondary or passive income in many ways. One method that is becoming increasingly popular is establishing a hunting lease. Unlike more direct property management styles like guiding or running commercial hunting operations on a property, a lease grants a select number of individuals use of the property within certain boundaries set between both parties. With the increase in hunting pressure on public land, leasing property is increasingly palatable for sportsmen willing to invest time and money in a nearly private location.

How to set up a hunting lease on private property.

It should be noted that with the varied laws between states and even counties, contacting the local Department of Natural Resources or Fish and Game is needed to ensure that both the property owner and lessees are acting according to the rules and regulations of the area.

1. Find Suitable Property

Landowners should determine if the property is suitable for hunting use. Verify that the needed distances for safe hunting are met, such as minimum distances from dwellings and roadways. Property owners should also identify properties suitable for hunting leases based on wildlife populations, habitat quality, and accessibility. Game populations for leases need to be considered more critically than private use as there will be significantly more disruption and take than when hunting as a single user. Organizations like the National Deer Association, National Wild Turkey Federation, and Pheasants Forever all provide great game management resources to aid hunters and property owners.

2. Establish Goals

Both landowners and hunters should determine their objectives for the hunting lease. Landowners may seek income or wildlife management, while hunters should clarify their hunting preferences and goals. This process is a collaborative effort, and both parties may need to make some concessions to work together. In this step, landowners should also consult other agencies that can offer grants or reduced tax burdens some of the property uses will now be dedicated to game management.

3. Negotiate Lease Terms

Both parties should negotiate lease terms, including lease duration, hunting area boundaries, and any restrictions. Document all terms in writing to avoid misunderstandings. Having these agreements reviewed by a lawyer and notarized is a tried-and-true method for protecting both parties. At the end of the day, it is important to remember that the property owner is the party with resources and should be the main beneficiary of these agreements.

4. Insurance Requirements

Landowners should require hunters to carry liability insurance that covers hunting activities on the property. Landowners may also consider obtaining their liability policy for additional protection. A “Hold Harmless” agreement is always a wise addition to the agreement. It is important to consult with both an insurance agent and an attorney for drafting these agreements, and it should not be done without consultation from these professionals.

5. Draft a Lease Agreement

A written lease agreement is needed to formalize the terms of the hunting lease. The agreement should include details discussed and agreed upon prior, such as lease duration, hunting rules, insurance requirements, payment terms, and other relevant provisions. Other provisions include the number of members and guests permitted to attend and hours of operation. When creating hunting rules, it is a good practice to include restrictions beyond the state regulations to increase the overall quality of the game species. Requirements like increased antler restrictions, no hunting on certain days, and limiting the overall number of animals taken by a hunter all aid in the health of the species on the property and allow all lessees a greater opportunity for success.

6. Obtain Permits and Licenses

Hunters must obtain all necessary permits and licenses before hunting on the leased property. This includes hunting licenses, tags, and any special permits for specific game species. While this is not a task that the property owner must engage in, a simple verification email, text thread, or meeting between both parties can help prevent negative interactions with game agencies should a hunter not have the required permits. Poaching and wildlife infractions are a scarlet letter for sportsmen. To curb the chance of being labeled as an accessory, the property owner should adopt a zero-tolerance policy for violations.

7. Implement Safety Measures

Safety should be a top priority. Landowners should ensure hunters follow all safety guidelines, including using firearms safely and respecting property boundaries. Posting safety signs and providing safety briefings at least once a year may be beneficial. Having set blinds, stands, or shooting positions will also reduce possible dangerous situations for both hunters and nonhunters.

8. Maintain the Property

Both parties share responsibility for maintaining the property. Landowners should manage habitats, repair fences, and control invasive species. Hunters should respect the property and wildlife and follow all lease rules. Workdays or “lease projects” are a great way for both parties to collaborate and share the cost and burden of improving the property.

9. Resolve Disputes

There is hope that both groups will be totally satisfied with the situation. Still, unfortunately, issues always arise when more than one person is engaged in an endeavor. The lease agreement should outline a dispute resolution process, such as mediation or arbitration. This underscores the importance of having a well-drafted lease agreement so that violations, complaints, and suggestions have a series of actionable steps for both parties.

10. Renew or Terminate the Lease

At the end of the lease term, both parties can decide whether to renew or terminate the lease, updating the agreement as necessary. As the property owner, all of these interactions should be a net benefit for you.

As public green space continues to shrink, private land owners will shoulder more and more of the responsibility to safeguard and improve the populations of wild game. The use of sportsmen can offset this cost. Setting up a hunting lease on private property requires careful planning and adherence to legal and safety requirements. This may seem like an arduous task, but ultimately, landowners and hunters can establish a successful and mutually beneficial arrangement where all parties and wildlife benefit.