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Texas Chamber Commerce Hunting Leases Article
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How to Draft Your Hunting Land Leases
from:There are many landowners who are using hunting land leases for several purposes, and there are probably just as many landowners who would like to get into this but do not know the basics. This article will explore some of the more common issues associated with hunting land leases.
As a landowner you have two important issues to face: You need to protect yourself from legal actions and you need to protect your property from real damages that may occur. A properly drafted agreement for your hunting land leases can do both.
One of the best ways to draft up agreements that are both effective in protecting you and easy enough for the hunter to understand is to first get a "cookie cutter" draft. You can find these online and they are inexpensive. These pre-drafted agreements will contain the basics that all agreements should contain.
Once you have one of these pre-drafted hunting land leases you should think about your property and livestock (if you have livestock). What, if any, types of damages could be done by hunters? For example, do you have out buildings on the property that you want to protect? If so, you may want to add a clause to the agreement that hunters are to either stay out or away from out buildings; or you may want to add a clause that simply states that hunters will be held liable for any damages to those buildings that they cause.
Your hunting land leases may need to contain clauses about fencing, in so much as they are not to be cut or trampled on. You may need to include a clause that states that hunters will be held responsible for this should it occur.
Your agreement can contain any legitimate issue that you want in them. If you do not want fires started, put that in the agreement. If you do not allow overnight camping, put that in the agreement. If you do not want certain species of animals hunted, add that to the agreement.
The hunting land leases that you draft up and issue to the visitors should always contain clauses that specify that you are not to be held responsible for any injuries or deaths that occur to anyone in the hunting party. This is one of the most important clauses in the agreement and you should never allow visitors to hunt on your property without having them agree to this.
You can do an online search to get some ideas of what other landowners are doing in regards to hunting land leases. If you see a clause that is being used by someone else that you think applies to your circumstances, jot it down. You can also find those pre-drafted hunting land leases online as well.