Hunting Leases – The Importance and Expectations

Hunting leases offer a unique opportunity for outdoor enthusiasts to access private land for recreation while simultaneously generating income for ranches and helping manage wildlife populations responsibly.  Landowners are often tempted to make verbal “handshake” agreements to allow hunters onto their ranch. This article explains the significance of having your lease in writing.   

 Why is having a written hunting lease important? 

A written lease protects the social and legal relationship between a landowner and the hunter.  With the terms of the arrangement down on paper and acknowledged by the parties, you help foster trust and mitigate the chances of a misunderstanding.   

 A hunting lease protects both parties’ rights, plans for unexpected events, and improves the likelihood of a successful arrangement.  We often see landowners making the incorrect assumption that after a short talk with their hunter or a guide, the expectations about the behaviors of guests are obvious or common sense.  A good, written lease instead provides black and white clarity on the rules of the ranch and the responsibilities of each party in a way that verbal conversations rarely communicate well.  

Having folks come on to your land, particularly for a fee, substantially increases the chance of a dispute that could irreparably damage a friendship or business transaction.  By writing out your lease carefully, you can describe exactly what the agreement between the parties is and, importantly, provide everyone with a legally binding document that can be enforced in a court of law should that become necessary.   

 What can I expect to do in pulling together a lease? 

 When creating a lease, the parties will go through the process of carefully considering and detailing all the dos and don’ts of hunting on the property.  Can the lessee bring guests? What animals are they allowed to hunt?  Can hunters bring ATVs on the land and drive them off road?  Does a hunter have to give notice before entering the property?  At Braun & Gresham, we guide our clients through these questions and other key considerations.  

Most often, the landowner prepares the lease. As a landowner, you know your ranch and its needs better than anyone and preparing the lease ensures your interests are properly protected.  By spending the time and effort to prepare or update your hunting lease, you reap the benefit of having a reliable document that you can modify and recycle for seasons to come.  

 What else do I need? 

While discussing your lease, Braun & Gresham will advise you through:  

1. Hunting Lease License.  Any landowner operating a hunting lease and charging a fee or other consideration must obtain a Hunting Lease License from Texas Parks and Wildlife.  This license is separate and distinct from a hunting license that every hunter is required to have.  This license must be displayed on the property being leased and renewed each year.  
2. Liability Waivers.  Every hunter, guest, friend, or foe coming to your property should sign a liability waiver.  Waivers are tricky, but our attorneys can help draft and explain the important clauses and statutory protections that your waiver should include.  A great habit is to print a few dozen copies your liability waiver and keep them and a set of pens easily accessible at your property.   
3. Statutory Protection Signage.  Rural landowners should consider hanging two signs on their property: The Texas Agritourism Act sign and The Texas Farm Animal Liability Act sign.  These signs offer statutory liability protection to landowners under certain conditions.  Braun & Gresham sponsors the Texas Agricultural Law Blog by Tiffany Lashmet and she has posted an excellent article on this topic linked here.     
4. Insurance.  Every ranch needs liability insurance to protect against claims for injuries or damages that happen on the property.  You should ensure such coverage is sufficient to cover any special activities happening on the property as well as meets or exceeds the minimum requirements set out in the Texas Recreational Use Statute. Landowners should also require that the lessee carry liability insurance and include the landowner as an “additional insured” on that policy.   
5. Limited Liability Entity.   An additional common risk management strategy for Texas land is to own your land through a business entity like a limited liability company or a limited partnership. This type of ownership can help protect you against claims or lawsuits arising from incidents on the ranch as well as protect the land from claims arising in your life outside of the ranch.  

 Written hunting leases protect you and your land. As with any written contract or agreement, it is crucial to have an attorney draft or review your lease.   

To learn more about hunting leases or how a risk management plan can benefit you and your land, email Cory Rodriguez at [email protected] or call 512-894-8426 to set a time for an attorney consultation.