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Things to consider... #125365 12/25/06 11:22 PM
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Roger Offline OP
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For my first attempt at leasing, I would like to have a list of things to consider on a lease contract to make sure that I have all my t's crossed and i's dotted. I want to learn from the masses to avoid all the messes that can occur by not spelling it out in the lease contract beforehand. I will be printing from the replies and making myself a notebook to interview landowners or lease managers to make sure I cover everything. In addition, I could use some help on weighing prices/facilities/restrictions/etc. There are some on here that are further down the hunting highway than me, please share with me to get me started right.

I couldn't find a lot of information on the search feature that really related to what I was looking for, but if someone would suggest a good place or topic to look at, I would be grateful.

Also, I know it sounds like I am asking alot, anyone care to share a sample of a lease contract, so I can pick through it an see how it works and what it means.

I hope it doesn't sound like I am overthinking this stuff, but I am not loaded with money, I need to make sure I spend wisely, or my window of opportunity may slam shut.


Re: Things to consider... [Re: Roger] #125366 12/25/06 11:33 PM
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Get ready to take notes cause a lot of folks are gonna have some really good ideas on the subject.

As for me, the things that come to mind first are:

How many other people besides the folks leasing the place for hunting, will have access to the property.

How to contact the folks that have formerly leased the property.

You should be able to get a good list of questions from the folks on here.


Re: Things to consider... [Re: Crazyhorse] #125367 12/25/06 11:37 PM
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I may have an old contract somewhere, I'll try to find it for you. But yes, your going to get alot of response to this thread



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Re: Things to consider... [Re: Crazyhorse] #125368 12/26/06 03:12 AM
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Thanks CHC, maybe this post will be added to the sticky list to help others like me. Let me play make believe for a minute...since this one area seems to cause a lot of hurt feelings and irritation for some.

People that have access to the lease:
Landowner and wife
oilman
pipeline/utility inspectors
GW
who else, with legitimate access needs.

I guess where it gets interesting is with kids, inlaws, neighbor, lodge buddies and such that the landowner told at some point in time they could hunt, and still believe that invitation is open. Should the contract state that if you are not listed the extra people will be considered trespassing? Obviously the landowner can do as he wishes with his land, but surely it is a breach of contract if it is not on the lease agreement. How is this worded to make everyone happy? Does the landowner usually have a "I can change this to fit my needs" clause that leaves you with no ground to stand on? Does it really matter? What I mean is, to fight a breech of a lease agreement would it cost more than the lease is worth just to call a dishonest landowner on his crap? Does that make the whole thing as worthless as the paper it is printed on? I would like to protect the property I hunt as it was my own, that is how I was raised and how I believe things should be done. This includes the game and facilities on the land. But I also intend to protect my own interests as well. As someone else stated on here, there is alot of time and money invested in not only the hunting land itself but also in the relationships that led to the opportunity to hunt the land.

I hope this does not open a whole can of worms, but I am really wondering how it all works.


Re: Things to consider... [Re: Roger] #125369 12/26/06 04:06 AM
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There are so many things that can come up in a lease agreement, my suggestion would be for you to sit down and list as many things as you can think of that you might ever want to do or not have done on the lease. As CHC said a major one is who will have rights to the property besides you. Another is any improvements to the property. Do they stay with the property when you leave, or are they yours to take. If utilities are availible, who pays for them? The use of any existing items (barn, feeders, stands, cabin), what can and can't be used. What can and can't be taken in game (deer, turkey, quail, dove, varmints)?
These are just a few, and I am sure others will give you many more.



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Re: Things to consider... [Re: droptine43] #125370 12/26/06 05:12 PM
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Alot of great things to list from those above. One of the issues we have always run into is whether or not we ar going to manage game and restict bag limits or folks wanting to wipe out everything on the lease.

This means a heavy restiction on guests, or implement a 3 or 4 deer limit on each lease holder. So if someone brings a guest, they will shoot off of your quota, not an additional deer.

The land owner should be involved in this decision as well, because it might affect his ability to lease his land in the future without any real numbers of deer on the place if they have been "wiped" out.



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Re: Things to consider... [Re: Roger] #125371 12/26/06 06:48 PM
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Most, if not all lease agreements that I have been involved in came from the land owners themselves. Small properties did not have much on their agreements while large ones had all the legal mumbo jumbo to protect themselves more than you. First thing I’ll suggest to you is don’t try to force your agreement (what ever you can come up with) down the throat of a land owner that already has his set up. Smaller properties that don’t have anything might be more appreciative of your concerns but most larger operations have already gone down this road before. Try suggesting any item that you fell is left out but don’t expect them to always agree with you. Remember that it’s their property no matter what you say or do.


Re: Things to consider... [Re: grm] #125372 12/26/06 07:34 PM
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Good point GRM, you are exactly right, didn't mean to sound pushy. Just wanted to hash out all the expectations of everyone involved to prevent hurt feelings and problems later. I guess worst case is me trying to lease (someone who has never leased before) from someone who is just opening up their land to leasees. Two noobs trying to work it out so everyone is happy and benefits.

All in all though I can follow policies and restrictions, I just think everyone deserves to know what is expected upfront.

If it weren't for the problems with the few, we would not even be discussing this, huh?


Re: Things to consider... [Re: Roger] #125373 12/26/06 11:02 PM
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I pulled out my current lease agreement and the mumbo jumbo legal stuff that is on it is
#1. Assumption of Risk of Hunting – Which after reading a 7 line paragraph says that you are aware of the dangers of hunting and at the sole risk of Licensee. Also that Licensee has valid hunting license and comply with all applicable laws, rules and regulations.
#2. Waiver and Indemnity Agreement. Again another 10 line paragraph says that you can not sue anyone but yourself for any injury or claim while on the property.
#3. Medical Release. Which is the smallest paragraph of all says that Licensee consents to emergency medical in the event such need arises in the opinion of a duly licensed physician.

Hope this helps you. Again this protects the land owner more than you but I can see it being necessary in todays world. Every time I read about someones dome and gloom on todays hunting I think about stuff like this. 25, 30 years ago it was a simple hand shake and thank you.


Re: Things to consider... [Re: grm] #125374 12/29/06 03:01 AM
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If they are going to hunt it as well, they need to contact you blank # of days in advance with # of people who will be there and what game they are going to take. I sometimes hunt a place that is leased by someone else for a lot of money. It is 2,500 acres but we can shoot what we want which would make me a little upset if I was the one paying the money.

Your lease should say if you are leasing by the acre or by the gun and any bag limit restrictions you need to adhere to. Normally trash pick up is in there if there is a central camp. Utilities? I think the landowner should include this in the price personally since ours does. It ain't much running a few lights and radio a couple weekends a year for me. Price for shooting a cow should be in there. Drinking and deer hunting?


Re: Things to consider... [Re: Txduckman] #125375 12/29/06 05:35 PM
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Not trying to start anything, but drinking WHILE hunting should not be even considered, we all know that. Alcohol in camp after the hunt is another matter however. I have seen some leases where No Alcohol was allowed, period.

Just my own personal feeling on that, is that there is NO place, no matter how cheap it might be, or how big the deer might be, that is worth not being able to set by the campfire after supper having a beer or two and talking with my hunting partners.


Re: Things to consider... [Re: Roger] #125376 12/29/06 06:34 PM
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Here is my 2 cents. After a bust on my lease, ask for references. Ask the ranch owner/leasing agent to give you names of people that were on the lease, or on the lease now. You may find that some left because they could not afford it, and it is a great place. There was not any or very little game on the place, or it has been shot out ect. Get some prior insight from folks on there now, and who have left. It the lease guy refuses to give you any names or says he has none, that should be a red flag. I should have asked more questions on my lease. Like why are you looking at getting so many lease hunters??? Why did they leave???? And how many guided hunts do you run on top of the fact your running numerous lease guys. Mine sounded to good to be true............fact of the matter was, it was more hype then reality. We invested alot of money, and nothing in return. If it had not been for free hunts with others I know, I would have had a suck @ss year. Hunting is expansive and there are guys who can drop a few grand and not even flinch, I am not one of em. Take some time and REALLY look it over carefully. It doesn't have to be a 5,000 acre plot of hunting land to yield a person success. As we have seen on here small places get some nice results. Best of luck to you and keep us posted.



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Re: Things to consider... [Re: 7mag] #125377 12/29/06 07:09 PM
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Hey guys---I'm looking for a lease too and when I'm not hunting and fishing, I'm a Transaction Attorney here in Dallas. What that means is that I spend my fun-filled work days writing, reviewing, editing and negotiating contracts. If anyone needs an extra man or two for a lease, I'd be glad to review the fine print on the contracts and negotiate with the landlord on behalf of the group if necessary. Just thought I'd throw that out there.


Re: Things to consider... [Re: JayDon] #125378 12/29/06 07:22 PM
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Hmmmmmmmmmmmmmmm a cop and an attorney???? On a lease Could be problems JK welcome and enjoy your stay.



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Re: Things to consider... [Re: 7mag] #125379 12/29/06 07:28 PM
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You kiddin'? If anybody got shot or hurt, I'd be there to help (except, bein' that I'm the attorney, I'd likely be the one to get shot).


Re: Things to consider... [Re: JayDon] #125380 12/29/06 07:34 PM
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LMAO!!!!!!!!!



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Re: Things to consider... [Re: JayDon] #125381 12/29/06 07:57 PM
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Welcome to The Forum, pull a chair up here by the fire and talk to us.


Re: Things to consider... [Re: Crazyhorse] #125382 12/29/06 08:22 PM
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Just don't get to close to the fire, us firemen like to dispose of old reloading powder as people start to nod off from their hot toddies!


Re: Things to consider... [Re: Roger] #125383 12/29/06 08:23 PM
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Sounds like a bad joke, doesn't it...
so this cop, an attorney, and a fireman are sitting around the fire at deer camp....


Re: Things to consider... [Re: Roger] #125384 12/29/06 08:34 PM
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Jose, Jack and Jim join in the attorney makes a bad donut cop joke at the fire. Cop whails a round at the attorney, throwing him into the fire. Fireman, being a fireman, attempts to save attorney from flesh burning fire. They both parish, while the cop calls 911(there is no cell phone service )







Cop is sued in a wrongful death tort suit by families of the attorney and the fireman Cop wins. He states he tried to call 911 and no one came. Cop sues cell phone provider and wins millions in settlement. Cop buys huge ranch in Pecos County, where he retires. He invites Forum friends over at different times, to hunt on his 100,000 acre ranch. All is well, the End


Last edited by 7mag; 12/29/06 08:44 PM.

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Re: Things to consider... [Re: Crazyhorse] #125385 12/29/06 09:42 PM
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Quote:

Not trying to start anything, but drinking WHILE hunting should not be even considered, we all know that. Alcohol in camp after the hunt is another matter however. I have seen some leases where No Alcohol was allowed, period.

Just my own personal feeling on that, is that there is NO place, no matter how cheap it might be, or how big the deer might be, that is worth not being able to set by the campfire after supper having a beer or two and talking with my hunting partners.




Right, that is why the landowner should have it in his contract. My buddy kicked a group off their lease they sublease to after them and the landower found beer cans in the blinds. Even though it is in the agreement, people still do it and it is a good way to get kicked off.


Re: Things to consider... [Re: Txduckman] #125386 01/03/07 03:31 AM
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SOUNDS LIKE YOU ARE ON THE RIGHT TRACK. I WISH I HAD TAKEN THE TIME TO ASK SOME MORE QUESTIONS BEFORE I GOT MYSELF IN THE MESS I AM IN. TRIED THE HANDSHAKE AND GOT BIT BY THE SNAKE IN THE GRASS. DO EVERYTHING YOU CAN TO HAVE DIRECT CONTACT WITH THE LAND OWNER. ALWAYS GET SOMETHING ON PAPER, PAY WITH A CHECK OR MONEY ORDER. GOOD LUCK, GOOD HUNTING.


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