Contributors to this thread:
how to write a land lease agreement-cont
i have a land owner that has verbally agreed to lease me they land for hunting in exchange for labor. i told the owner that i wanted to put it in writing so there could be no take backs or exceptions come hunting season.
what are some of the basic steps i need to do to write out a proper contract?
do any of you have a contract?
some of the things i want to include are..
the right to prosecute trespassers. no recreational activity two weeks before and during any season. right to land owner tags. should i include my goals for there property in the contract or not? is there anything else i need to include ?
big thanks.... Dave
Dave32: I found an Outline for a lease I had last year in Indiana by just doing a Google search for "hunting land, lease agreement Indiana". Very easy.
Personally I would keep this very simple and non-threatening. If I were the land owner I may think you are coming on a bit strong and I may not want too many restrictions. Just my two cents! Good Luck C
i totally agree with you on that. but those are things we talked about. i dont want to set the number of days i have to work without getting what i want.
Charlie's right. Don't make it too one-sided. For every restriction you place on him, make sure you place one on yourself such as antler restrictions, not smoking, not subletting w/o permission, hold harmless/indemnification clause, use of vehicles/atv etc.
i rather get paid cash money for my work, then pay for my lease. That way if something falls through before hunting season (on his end) you could get your money back and there is a value set in place on both ends.
If your time and labor is valuable, I would spend a couple hundred bucks and have a lease prepared or at least reviewed by a local attorney. My practice is primarily real estate law and I have negotiated and drafted hundreds of land leases. It doesn't have to be rocket science. Short and succinct is good, but you really need to understand the law in the jurisdiction where the land is located. Some of the information that I see clients come in with off the Internet is scary.
FYI regarding the verbal lease, many states have statutes(in NY called the Statute of Frauds) that void any non-written agreement creating an interest in land that lasts more than a year. Again, you need to know the law in your jurisdiction.
The most important caveat in leasing land is to make sure the owner actually owns the land or can give you the rights you want. Some examples are 1. Other family members co own property 2. Bank forcloses 3. Prior lease holder shows up and alleges a superior right 4. Lease contains BLM or NFS land open to anyone. 5. Divorce decree settlements. 6.Tresspass problems both legal and illegal i.e. oil wells, timber cutting agreements, easements for crossing property, four wheeler, dirt bikes, public roads or lanes, 7.Levee or conservation district regs, and flood plain problems. 8.Lessor bankruptcy. Money is better than labor from a business point of view and it allows you to get a multi year lease which is essential for qdm or if you are making improvements.
if you don't want to risk your hard work and your hunting season, then get an attorney and do it right. meleagris is right with those comments. i have been leasing for about 15 years, and there are too many things for the coimmon person to know and understand about legalities, so have an attorney do it, or risk huge disappointments right in the middle of the rut. its far better to work for money, then pay for the lease. money can be returned if problems arise, but your labor can not be returned, and you eat the loss of your time and ultimately no property to hunt. make sure the guy truly owns the land and has the right to lease it to you without other owners finding out after the fact. different legal issues pertain in different areas, so you would be playing with fire without having the law on your side. ignornace and/or negligence can't be used as excuses. never never never co-sign a loan, and never never never lease without an attorney.
you guys have some very good points. the property is owned by a friend so i really dont want a lawer. the main reason i want it on paper is simply so that other people cant hunt it.
Do a little research and write the agreement out how the two of you agreed to it. Be as specific as possible. Do not print something off the internet that you don't understand but "looks legal" and "sounds legal". Chances are, you'll be agreeing to something you may not understand and that can and would be upheld against you in a lawsuit. The whole idea behind your query is to put in writing what you have verbally agreed to, so don't make it more difficult than it needs to be. A contract can be short and simple (and is often better that way). Use clear and concise statements, quantify everything, and do your best to maintain the relationship with the other party - if that happens the written contract should end up being unnecessary in the end.