Interest is growing in the South, and throughout the United States, for landowners to provide recreational access to their land for people to hunt, fish, and enjoy other types of outdoor recreation. For many farm, ranch, forest, and other landowners, alternative enterprises may provide an opportunity to sustain their natural resource base, maintain their quality of life, and increase annual profits.
Offering access to private land for recreational uses by the public can be a viable alternative enterprise. Natural resource-based alternative enterprises on private land range from producing products such as pine straw for mulching to providing access for bird watching, trail riding, and huntin g and fishing.
Recreational hunting and fishing leases have become an important source of supplemental income for many landowners in recent years, and the demand for access to private lands for recreational uses continues to grow. When these enterprises are appropriately developed and implemented, they will contribute to local community economies in many ways. However, there are many things to consider before implementing a hunting lease.
Not all private landowners will want to open their lands for such access and use, but for those who feel they would like to explore such enterprises, some trade-offs will be necessary. Landowners must consider and manage such enterprises as an integral part of their total operations. They must also keep in mind the long-term sustainability of their natural resource base on which the total ope ration depends.
The information in this publication helps you as a landowner make informed decisions about one potential alternative natural resource-based enterprise—hunting leases. The information in this publication comes from many sources, including scientific papers presented at conferences, and from personal experience working with private landowners and recreational users over the past 35 years.
This publication does not provide all-inclusive, definitive information on hunting leases for any individual. Natural resource productivity and sustainability capabilities in different areas are not necessarily the same. Each geographic site capability is different. Each landowner’s objectives and management skills are different. Figures in this publication for fees charged per acre and minimum amounts of acreage suggested for specific kinds of hunting operations may not be appropriate for every operation. Some of the figures provided are “rule of thumb” or “ballpark” estimates for consideration based on regional or statewide surveys and informal discussions with enterprise operators. Liability insurance sources provided are simply sources known, and it is very likely there are many other providers. Sample lease agreements and sample hunting club bylaws are templates that you, a manager, or a hunting club group may find useful to customize for individual and o peration needs.
Male mallard duck.
A hunting lease is an agreement between you as the landowner (lessor) and hunters (lessees) that grants the hunter access rights for hunting game animals (and other specified activities) on your property for a specified time. Hunters usually pay you an agreed-upon dollar amount per acre or per hunter. However, in some leases, you may agree to a smaller combination of dollars per acre or per hunter with a written agreement that the hunter or hunters perform some service in exchange for the privilege of hunting access. There are numerous kinds of leases and agreements based on the agreed-upon collaboration (usually in writing) between the lessor and lessee. Following are some common types of hunting leases:
The most common types of hunting leases are the long-term annual and long-term seasonal. Under this type of leasing system, you generally provide individual hunters or groups of hunters the privilege of access to your land for hunting for a season, a full year, or for several con secutive years.
This type of leasing usually allows the hunter or hunters the privilege of hunting legal game species during specified open seasons, with fees assessed on a per-acre or lump-sum basis. These leases let you specify which game species can be hunted, and you can reserve hunting rights for yourself, your guests, and your immediate family. In fact, depending on the interests of the lessee and your willingness, these leases can be customized to the satisfaction of both you and the lessee, as well as the agreed-upon price paid for the privil ege of leasing.
For many landowners, such long-term seasonal or annual leases for a set price per acre or lump sum seem to be the easiest to negotiate and require the least oversight. If you are satisfied with this type of arrangement, the lease fee is satisfactory, and the lessee has demonstrated appropriate and responsible care of the land and resources, you can continue such annual leases on a multi-ye ar arrangement.
Long-term leases have advantages and disadvantages. The advantages are that such leases generally result in better landowner-lessee relationships, because you get to know the lessees personally, helping to build trust over time, and the lessees get to understand what your objectives are, and they become interested in helping manage the property to meet these objectives. The longer time that lessees lease a property, the better they come to know it, and the more likely they will become interested in working with you to improve habitat management for wildlife. The more provincial interest they develop in the property, the more they will help to prevent trespass and poaching. If you are satisfied with the long-term arrangement, you can project anti cipated income.
The disadvantage is that sometimes such long-term lease arrangements make it difficult to increase lease fees when you need to, and some lessees take such an interest that they begin to think of the property as theirs and forget to honor your rights. However, both sportsmen and landowners are more often willing to make time, labor, and financial investments in leased property when they know they have a secure arrangement for more than 1 year or season. Such long-term lease arrangements can be for specific game species only or offer hunting for all legal game species to the lessee. It can include such other activities as scouting before hunting seasons, camping, and fishing, if available.
If you are active in the day-to-day management of the property, you may also choose to lease access rights for hunting one particular species to one hunter or group of hunters and to yet another hunter or group of hunters for hunting another species. An example would be deer hunting to one group and spring turkey hunting to another, or dove hunting to one group and waterfowl hunting to another. Obviously this works best when seasons do not overlap. These leases usually return the most annual income but clearly also require the most intensive involvement of you or a manager. They also require more labor, time, and habitat management investments, such as providing dove fields, food plots, waterfowl blinds, and othe r requirements.
Short-term leases can be on a daily permit basis, such as for dove hunting; a per weekend basis for deer or waterfowl hunting; a weekly basis during a special season, such as bow hunting or muzzle-loader hunting; or a one-season, special management type of hunt, such as a late-season doe hunt only. Some of these hunts can be packaged to include guides, lodging (on the lease property or at a local motel), and meals. Clearly this type of leasing arrangement requires intensive management and marketing for greatest success, but it can yield a higher rate of return and does not obligate the entire property for an entire hunting season or year. In other words, you can provide access to limited portions of the land for shorter periods of time and can limit the hunting to the s pecies desired.
Hunting leases can be developed by sportsmen contacting you directly about the potential of leasing your land for hunting rights access, or a broker may make such arrangements. However, more and more landowners interested in leasing their land for hunting access are finding that newspaper and magazine ads or a website will often locate willing hunters or groups of hunters interested in leasing tracts of land for hunting privileges. There can be some advantage for some owners, particularly non-resident landowners, in having a broker take care of the advertising and locating and dealing with responsible lessees and with neighboring land-owners. Another advantage is the broker can help ensure the lessees honor their lease and pay on time. However, such brokers will come at a cost.
Before beginning a hunting lease program, you need to consider a number of things and be prepared to spend some time, labor, and resources to determine the value of your resources, how to manage and sustain them as renewable natural resources, what your long-term objectives are, and if such a leasing program is compatible with your other land management objectives. You also should recognize the advantages and disadvantages of leasing your land for hunting, such as these:
Without question, most hunting leases should be undertaken only with a written agreement. Such an agreement serves as a contract that protects the agreed-upon rights of both you (lessor) and the lessee. The significance of a well-considered written lease agreement cannot be overemphasized since it is the foundation for a successful hunting lease program. Effective hunting lease agreements protect your interests yet allow enough flexibility to permit enjoyment of the access rights provided to the lessees. Such leases can be developed from “boiler-plate” examples but can be customized to protect you against later conflicts. A lease must be well thought out before being finalized and agreed to by you and lessee. Most of the potential conflicts between you and lessees can be prevented and a good working relationship can be maintained by having a mutually agreed-upon written lease. Some examples of written hunting leases are provided in the back of this publication for examination and modification to meet individual needs. Your needs and desires are paramount but must be tempered by recognizing the needs and desires of the lessees and what they are will ing to pay for.
References: If you are not familiar with individuals or groups who desire to lease your property, you should not hesitate to ask for references. You may get references from other landowners who leased to the lessees previously or from conservation officers or community leaders who know the pot ential lessees.
Proof of liability insurance: As part of the lease agreement, you can require the lessee to pay for liability insurance (with your name listed on the policy) and provide proof of coverage by keeping a copy of the insurance policy with proof of purchase. Requirements for liability insurance can be written into the lease agreement. Be sure such policies cannot be canceled during the lease time. This precaution transfers a large portion of the liability to the lessee. Otherwise, you are responsible for the costs of appropriate liability insurance coverage to ensure yo ur protection.
Establish and maintain open communication: An open channel of communication from the beginning prevents potential misunderstanding between you and lessees. For hunting clubs or organized groups of lessees, try to arrange a time before the hunting season to meet with the group and ge t to know them.
Organized groups/hunting clubs: Hunting clubs should be well organized and governed by self-regulating bylaws and have a designated contact person. A sample of hunting club bylaws is provided in the back of this publication. You should receive a copy of adopted bylaws.
Lease to local people when possible: Locals, if willing to pay, can often help look after your property. Having such local participation often avoids the resentment of the “outsider.”
Annual meetings:You should meet with groups or hunting clubs who lease your land at least once each year before the hunting season to discuss land use changes, modifications that may be needed to the lease agreement, or your need for some help improving habitat or hunting opportunities.
Limit hunters and guests: For the benefits of safety, enjoyment, and protection of the resource, the number of hunters must be restricted. For example, too many hunters using the property at any one time during the season may compromise the safety, enjoyment, and sustainability of the resources. Here are some rules of thumb for consideration with exceptions for different kinds of habitat and hunting: for deer hunting, one hunter per 100 acres; for waterfowl hunting, one hunting party per 100 acres of wetlands or waterfowl habitat; and for turkey, one hunter per 200 acres.
Written rules: Consider drafting written rules aimed at preventing potential accidents and protecting property, especially if there are known hazards, such as old wells, sinkholes, and other risks to personal safety on the property. Make sure all lessees are aware of these written rules, and have them sign a statement that they have read and u nderstand them.
Incorporation: Hunting club representatives (officers) cannot legally represent the entire club when signing a lease agreement unless the club or group is incorporated. If the club or group is not incorporated, each member of the club/group must sign and date the written l ease agreement.
Liability risk reduction: In addition to requiring the club/group to purchase an insurance policy to cover liability, you should practice a risk-reduction program that reduces all known hazards on the property. Keep records of such efforts to reduce or eliminate known and potential risks to lessees. You should keep accurate records in case of a libel suit. Identify hazards you cannot reduce or eliminate, and explain them to lessees with a map and written description. Here are other considerations: If ATVs are to be used on the property, require additional rider insurance from lessees. Avoid single-strand cable gates, or have them clearly marked and flagged. If portable tree stands are to be used, make sure lessees’ liability insurance covers such use, or require permanent stands to be used. In accord with state law, require hunters to pass an approved hunter safety program and show a certificate of completion. (Anyone born after January 1, 1972, is legally required to complete a hunter education course before purchasing a Mississippi hunting license. Also, anyone 12 years of age but under 16 must have a certificate showing completion of a hunter education course approved by the Department of Wildlife, Fisheries, and Parks before hunting i n Mississippi.)
Attorney lease review: Have an attorney review the written lease before it is agreed to and signed by either party. This helps protect both parties and clarifies that the agreement is leg al and binding.
Up-front payment: The agreed-upon lease payment should be made before the hunting season begins, preferably before the date of the lease period. This ensures that payment is made before the hunt begins, and it allows the owner the potential of investing the funds and ea rning interest.
Permanent structure policy: You may or may not want the lessee to put up permanent structures, such as buildings, sheds, or cabins. If you do permit any of these, you should decide what types of structures to allow and what should happen to these structures if and when the lease is terminated.
Vehicle restriction: You may want to restrict what type of vehicles may be used on identified roads and trails and/or restrict the use of particular types of vehicles to certain roads o n the property.
Notification of presence: You may require hunters to check in and out via a check station or notify you in advance by phone or in writing when hunting or otherwise accessin g the property.
Arbitration: Disputes can arise, regardless of how well the lease agreement is written. Some leases specify using arbiters who were agreed upon in advance by both parties. The arbiter should be a neutral party, such as an attorney, conservation officer, or other mutually agreed u pon individual.
Game law violations: In case game laws are violated, unintentionally or intentionally, the club/group bylaws need to ensure the violation is reported to both the local conservation officer and to the landowner.
Automatic lease renewal: If you are pleased with the lessee(s), you may want to provide for an automatic lease renewal agreement consideration. This can be put into effect barring conflicts or need for some change in the agreement, if agreed upon 90 days before the lease terminates. This may be an advantage for both parties if things are going well.
If you have no experience leasing land for hunting access, one of the most difficult decisions is determining a fair market price that is competitive yet gives you a reasonable return for the lease and any services or amenities provided. The following are known methods but are by no means th e only methods:
Break-even plus 10 percent: The lease price is based on management and costs associated with the lease operation plus 10 percent to cover unforeseen costs and the need for the lease to cover operational costs and land taxes.
Habitat valuation: The lease price is determined from a subjective rating of the quality and quantity of wildlife habitat available. For example, if the wildlife habitat and populations have been managed to provide high populations of wildlife and better than average hunting opportunities, the value of the lease may be higher, or if the lessees want to limit or keep out other hunters that the property could reasonably sustain, they may have to pay a premium price for that.
Baseline plus value-added: You charge a base price per acre plus charges on improvements made, amenities, or ser vices provided.
Competitive pricing: You base the lease price on the going rate of other leases in the area or lease prices charged elsewhere for similar access, services, and amen ities provided.
Sealed bid: This is similar to timber sales in that you develop a description of the hunting lease and what it offers, and you request sealed bids. You can do this via advertising or by contacting individuals or hunting groups who may ha ve an interest.
It may be difficult to identify and locate responsible hunters who will take an interest in the land and resources being leased and who will respect the property and abide by terms and conditions in a written lease. It will pay dividends in the long term, however. Without appropriate screening of lessees, you may find yourself with an unmanageable group who have no regard for your rights or maintaining the property and the sustainability of the habitat and wildlife. Many problems could arise, such as trash dumping, wildfires, road and tree damage, illegal hunting, damage to facilities and livestock, and over-harvesting of the game resource. For the most part, you can avoid these problems by using t hese practices:
After you locate interested lessees, ask them to provide a list of references, and use this list to ensure they have not had problems in the past leasing lands from other landowners and that they are known to be responsible and ethical hunters. If the lessees pass this background check, conduct a personal interview with them or their representative, if the group is incorporated. Develop a list of questions in advance that you want to have answered, and don’t be afraid to ask tough questions. Then use all the information to make an inf ormed decision.
In Mississippi, it is illegal to enter private lands without permission from the landowner. Hunting, fishing, or trapping on land without permission of the landowner is a misdemeanor punishable by a fine and possible imprisonment. The trespass law is enforceable by conservation officers and c ounty sheriffs.
Recreational access leases have become an important source of alternative income for many forest and agricultural landowners in the South, as well as in other parts of the United States. Most forest industry landowners and managers now consider income from recreational access leases as a vital part of their resource and financial decision- making process.
If you as a private landowner consider such leases as an alternative enterprise to supplement your income, you should understand the advantages and disadvantages of the leases. You also must consider and remember you are not selling wildlife, which is publicly owned. You are selling the opportunity and privileges that go with access to your land for the purposes specified in the written lease agreement. Having some idea of the habitat quality and status of wildlife populations on your land will be important in making decisions. The sustainability of your renewable resources is the key to long-term income potential as well as sustainability of the operation. Recreational access/hunting leases can become an enjoyable and rewarding experience for you (lessor) and others (lessees) with advance planning, preparation, management, and communication.
As far as the economic potential of hunting leases, the range of returns varies considerably based on the type of lease. One example would be high-quality waterfowl blinds leases that bring the highest annual returns per acre of access, versus leases for small-game hunting that may be as low as 50 cents per acre, to high-quality, big-game leases that may go for as much as $25 per acre or more i n some areas.
This hunting lease agreement is for educational purposes only. It is important to check with your attorney before writing and signing a binding legal agreement. You may want this lease to be more detailed or include more requirements, or you may want it to be less detailed. If you want to provide other services or rights, such as guides, cleaning game, or allowing the lessee to improve the habitat, you should include th ose provisions.
STATE OF : ( State Name )
COUNTY OF : ( County Name )
TRACT: (Tract Na me/Description )
This lease agreement (the “lease”) entered into as of the day of , by and between (Landowner's Name) hereinafter referred to as the lessor, and (Lessee's Name) a/an (state whether an individual, a partnership, corporation, or unincorporated association) hereinafter referred to as the lessee.
The lessor agrees to lease the hunting rights, as defined below, on (Number of Acres) acres more or less, to the lessee for (Total Amount of Lease)(Amount/acre), for a term commencing on (Start Date), (the “Commencement Date”) and ending on (Finish Date) (the “Expiration Date”) on the following described propert y (the “land”).
The hunting rights shall consist of the exclusive right and privilege of propagating, protecting, hunting, shooting and taking game and waterfowl on the land together with the right of Lessee to enter upon, across and over the land for such purposes and none other.
This Hunting Lease Agreement shall be subject to the following terms and conditions:
The lessor reserves the right from time to time, to amend, supplement or terminate any such rules and regulations applicable to this lease. In the event of any such amendment, supplement, or termination, the lessor shall give the lessee reasonable written notice before any such rules and regulations shall be come effective.
IN WITNESS WHEREOF, the parties have hereunto caused this agreement to be properly executed as of the day and year first above written.
WITNESSES: (List Name s of Witnesses )
This hunting lease agreement is for educational purposes only. It is important to check with your attorney before writing and signing a binding legal agreement. You may want more details or fewer details than this lease includes. If you want to provide other services or rights, such as guides, cleaning game, or allowing the lessee to improve the habitat, they shou ld be included.
(Landowner's Name), owner of (Land Name), (Legal Description of the Land), (County Name), (State Name), herein referred to as “Landowner,” for good and sufficient consideration, as hereinafter set forth, leases hunting rights on those portions of the (Land Name) farm, hereinafter described, to (Lessee's Name) and others so executing this agreement and hereinafter referred to as “Lessees,” on the following terms and conditions:
(description of land with aerial photograp h if available)
In witness whereof, the parties have set their han ds this ( Date ).
LESSEE(S): (Lessees' Name s ) DATE: ( Date )
LANDOWNER: (Lan downer's Name )
WITNESS: ( Witness Name )
STATE O F ( State Name )
COUNTY O F ( County Name )
The foregoing instrument was subscribed, sworn to, and acknowledged before me this (Date), by (Name), and ( Name ), .
My commission expires: (Date of Notary's Commiss ion Expiration )
Notary Public
(Landowner's Name), LANDOWNER, LEASE TO (Lessee' s Name ), LESSEE
These general conditions of lease are applicable to the lease agreement between (Landowner's Name), hereinafter referred to as Landowner, and (Lessee's Name), Lessee. Lessee and all persons authorized to Lessee to hunt upon the leased premises shall be hereinafter collectively referred t o as “Hunters.”
Hunting club bylaws should contain provisions that govern the day-to-day operation of the club. The bylaws should be adapted to local conditions that affect the club, its relationship with landowners, and the well-being of the land and wildlife resources. You should keep the bylaws as simple, concise, and understandable as possible for the benefit of the members and yourself. Some clubs develop bylaws that are too complex and extensive for the basic needs, and these often are too difficult to manage or enforce adequately. Bylaws should be written to be basic to the operation of the club or group’s interest and to add others as needed based on the club/group’s growth, changing needs, changing wildlife regulations, or changing landowner needs. Some examples of items that need to be considered when drafting bylaws are as follows:
Hunting club/group bylaws are essential for many organized hunting operations, and if you have concerns about the legality of the bylaws and their enforcement, you may consult a lawyer. Clearly, one of the most important considerations must be that all members and invited guests understand and agree in writing to the adopted bylaws for them to be useful and effective. The items listed above are not all you need to consider. The list can be expanded based on the desires and needs of you and the membership.
Insurance is a contract where an insurer (insurance company) undertakes to protect the insured (person purchasing the insurance) against loss, damage, or liability from an unknown or possible event. The insured pays the insurer a premium for this coverage.
Liability insurance covers loss because of negligence. It does not cover loss because of an intentional act. You can greatly reduce negligence on most private lands through risk planning.
Liability insurance companies generally limit the total liability of the insurance company to a certain amount, which may be much less than the insured person may suffer. Therefore, liability insurance may not completely eliminate the loss that occurs, but it does reduce the risk of loss.
If you already have liability insurance on your property, you may be able to work with your insurer to add liability coverage for a hunting lease. Your insurer may require that the hunting club or lessees get liability insurance as part of the written lease agreement. You may want to prepare or have an attorney prepare a hunting club disclaimer that all hunting club members or lessees must sign that points out potential risks on the land. Some of these might be an abandoned well, livestock that may need to be avoided, and such. Disclaimers may not be legal, but they do serve to warn lessees of potential risks and may prevent a liability suit if the lessees ignore the identified risks they signe d a waiver for.
Many insurance companies offer liability for hunting clubs or for landowners who lease their land for hunting or other recreational access. The following list by no means includes all sources of information, but it does provide some sources of information about liability insurance, coverage, costs, and comparisons. Another source you should not overlook is a rider to existing policies to cover recreational access inc luding hunting.
If someone pays for access to your land to hunt or fish or for another recreational use, you owe that person certain duties of care, such as posting warnings as to dangerous conditions on the property, including potentially dangerous animals, abandoned wells, old buildings, and other structures. You may be liable for injuries to a hunter caused by another hunter if you are not covered by insurance. For example, liability may be based on your negligence if you allow too many hunters in a given area, or if you admit an intoxicated hunter who injures another hunter.
These are just some examples. Many other insurers may offer such insurance, including your present property insurer through an additional rider. However, the above contacts provide the opportunity to contact these insurers and compare coverage and costs.
For more information, these publications are available from your county Extension office:
Publication 2310 (12-23)
Reviewed by Dr. Daryl Jones, Extension Professor, Wildlife, Fisheries, and Aquaculture. Written by James E. Miller, Professor Emeritus, Wildlife, Fisheries, and Aquaculture.
The authors wish to express appreciation for permission to use artwork from the Wildlife Management Institute from its publication Improving Access to Private Land and to artist Charles Schwartz in the publication Big Game of North America. Excerpts of this publication were adapted from (Yarrow, G.A. 1998) Developing A Hunting Lease. Dr. Greg Yarrow is Chair and Professor in the Forestry and Environmental Conservation Department at Clemson University, Clemson, South Carolina, and a former Mississippi State University Extension Wildlife Specialist.
The Mississippi State University Extension Service is working to ensure all web content is accessible to all users. If you need assistance accessing any of our content, please email the webteam or call 662-325-2262.