If you rent a property for farming do you also have hunting rights?

The owner rented the property to a person for farming and gave hunting rights to another person, the farmer said he had the rights and ordered the hunter off his rented land. All agreements were verbal and the farmer has not made a payment for the rental yet.

12 Responses to “If you rent a property for farming do you also have hunting rights?”

  1. Andrew C Says:

    First, I would recommend the farmer chill out with the ‘ordering’ people with guns around. The farmer needs to speak with the owner and get something reflecting their agreement for the property rental in writing.
    I found this article but it deals with Nebraska Hunting Laws. In Paragraph 4 they deal with your issue. If you send me your state I will locate a specific legal answer for you. This one seems pretty good, though.
    Here is the article:
    To clear up some possible misconceptions about landowner hunting
    rights, here are the most common problems.

    1. Land must be posted with signs that prohibit hunting/trespassing. False.
    Nebraska law states that any person entering property for hunting/fishing/trapping without the express permission of the
    Responsible hunting and landowner relations landowner/renter, is either
    trespassing or hunting without permission. Although “No Hunting” and “No Trespassing” signs help to discourage people from illegally entering private land, they are in no way required to keep people from
    hunting someone’s personal property.

    2. Only the landowner can press charges against a trespassing hunter. False.
    Special signs that state “Hunting by written permission only” can be posted on a landowner’s property. These signs allow law enforcement
    officers to contact hunters in the field and require them to produce written permission, by the owner, stating they are allowed to hunt the area. Failure to produce a document granting permission enables the law enforcement officer to issue a citation without the landowner
    being present.

    3. A landowner cannot prove a person was on their land
    without permission. False.
    A landowner can take down a vehicle license plate number and write down a description of the individuals involved. This information, along with a signed affidavit by the landowner stating that the parties in question did not have permission to hunt, is often times enough for
    law enforcement (Game & Parks or sheriff) to cite a person for trespassing. The landowner is also not required to be present in
    court. Finally, as a safety issue for landowners, law enforcement
    should be left to the proper authorities. Landowners should never try to detain a hunter.

    4. The landowner retains hunting rights when the land is being rented. False.
    Nebraska law says that unless formally stated that the owner retains
    hunting privileges when the rental agreement is established, the RENTOR has the hunting rights and ability to grant permission to hunters on land they rent. This situation is analogous to renting an apartment. The renter has the right to allow people to enter the
    apartment even though they do not own the property. Uncomfortable
    situations of the landowner and the renter granting hunting permission to different people at the same time, have undoubtedly occurred, but can be avoided by a simple agreement between the operator and owner as to who controls hunting on the property.

  2. lameow Says:

    vcvcvvv

  3. Mark K Says:

    If I were farming I wouldn’t want someone hunting on my land without my permission cuz they may shoot me, but if deer were a problem I would allow it if they told me when they would be out there so I could warn people

  4. DesmondBlog.com Says:

    the agreements need to be in black and white. Hunting rights could be a very big or small issue depending on your location.

    My answer will go for no.

  5. katydint Says:

    No, I wouldn’t assume hunting rights.
    Or drilling.
    Or building.
    Or slash and burning.
    Just farming until further liberties are granted.

  6. shreyansh_87 Says:

    hhhhhhhhhhhhhhhmmmmmmmmmmm……….

  7. dr phil Says:

    being verbal,its anyones guess,better sign up a contract,its not nice to rent a nice big property, and have someone else shooting off it,since you are paying for it

  8. bbbv10 Says:

    Well the person who owns the property has last say. And since the agreement is all verbal he really has last say. If the farmer wants control he had better get a written contract giving him farming and hunting rights and any other rights he wishes. Because it is still OWNED by someone else. Even in writing it can be disputed but it is safer to have it in writing and there are more options. The owner can do whatever he wants with his land.

  9. rhsaunders Says:

    Normally, all rights to emblements (a fancy word for products of the land) go to the renter. However, the landowner can reserve hunting rights if he wants to sell these separately.

  10. Amy R Says:

    The farmer needs to ask the owner about this. It is normal for people to give hunting rights on their land to whoever they choose, but sometimes they do not realize that allowing someone to shoot on land that someone else is occupying can be dangerous. Certainly the owner should have told the farmer about this before they encountered the hunter and the hunter might have lied, so throwing him off was OK for the first encounter. But if the owner says he lets the other guy hunt the property, then the farmer really has no basis to deny the hunter access for hunting. The farmer has farming rights, not hunting rights. Now if the farmer lives on the property, they could claim that someone hunting the land there was a danger to them. But just claiming the rights so that they can hunt instead of the other hunter is kind of silly. But if the hunter damages the crop with his hunting activity, he does need to reimburse the farmer.
    But basically No, the farming rights and hunting rights do not go together. But hunting rights can go with occupancy (living in the farmhouse on the same land, for example.) And if he lives on the land and has children, then that hunter should not be hunting there – the kids should be able to be safe in the woods or the fields without worrying about someone shooting them full of deer shot.

  11. glenn Says:

    Hunting is regulated by individual states. There was a story in the paper on Saturday about hunting laws in Texas. They actually allow hunting inside some city limits and those cities can not do anything to regulate it!

    They said that if a plot of land has been used for hunting and a city takes that property into its city limits since about 1981 then the city has no right to restrict hunting on that land.

    So check with the hunting laws in your state. Call the licensing officials.

  12. Alan Says:

    I was wondering who retains hunting rights when the land is being rented in South Dakota.
    Thanks, Alan