View Full Version : Permission to hunt rented land
Here's the situation. There is some land that the owner has posted "No Trespassing". The fellow that rents the land said it was fine with him if I went on it. I have not been able to get ahold of the owner to ask him. Do I need both the owners permission and the renters or how does that work?
Eyeswideshut
11-12-2008, 07:08 PM
Just the renters as far as I know,.. this happened to me last year,.. And all I got was renters permission.
Bushmaster
11-12-2008, 07:14 PM
I think it depends what kind of rental agreement they have. We rent farm land and I think it just gives us the right to farm it.....
In your case, I think it would be best to ask both parties.....
highwayman
11-12-2008, 07:17 PM
If my renter gave permission without my knowledge, we would be having a discussion about who owns the land!
Vindalbakken
11-12-2008, 07:27 PM
It is my understanding that the leaseholder holds right of access unless specified otherwise in the lease contract. There are protections for the landlord for access under certain conditions but legally they don't have unlimited right of access either without special provisions in the lease. The thing to watch is the lease timelines - many crop leases are April to October only so the right of access will change through the year.
We have a situation where land we have hunted on for years has now been leased out. The leaseholder is adamant about no hunting, but in both cases (same renter, different owners) the landlords made it abundantly clear to the renter that he was to continue granting us access regardless. I did not ask for this, but 20 years of respectful relations does have its rewards.
Eyeswideshut
11-12-2008, 07:30 PM
If my renter gave permission without my knowledge, we would be having a discussion about who owns the land!
Make sure you let me know when you come up this way,.. i'll make sure I don't let you on any of my land :)
Cause we all know what comes around goes around.
Grizzly Adams
11-12-2008, 08:23 PM
My neighbor rents land adjacent to and owned by the local gas plant. The gas plant says no hunting. I'm sure the neighbor would let me, but I have a strong suspicion there would be a new renter there, next year, if I was caught.:D
Grizz
I should have added this also. I don't plan on going on this land until I get ahold of the owner for permission as the renter was not sure if he could let me on it. As I said this land is posted "No Trespassing". It is my understanding that if it is posted "No Hunting or Trespassing" that no one; not even the landowner can hunt on it. Any truth to that? Thanks!
Shrubs
11-12-2008, 09:12 PM
I should have added this also. I don't plan on going on this land until I get ahold of the owner for permission as the renter was not sure if he could let me on it. As I said this land is posted "No Trespassing". It is my understanding that if it is posted "No Hunting or Trespassing" that no one; not even the landowner can hunt on it. Any truth to that? Thanks!
Good idea to do just as you say and ask the landowner.
In my experience whether you talk to the landowner or renter first they will usually suggest that you talk to the other and even if they don't you probably should anyways since you never know what kind of work is planned.
A landowner can post their land and hunt on it all they like. Also keep in mind that just because it is posted doesn't mean that they won't allow hunting if you ask. In one instance a friend and I were the first to get permission on a certain piece of land in years just because we went and asked. Worst they can say is no.
highwayman
11-12-2008, 11:29 PM
Make sure you let me know when you come up this way,.. i'll make sure I don't let you on any of my land :)
Cause we all know what comes around goes around.
Didn't say I wouldn't give permission.... not the place for my renter to do so without my input ... is what I understood myself to say ... :)
Danno
11-13-2008, 11:26 AM
Try checking the Landlord Tenant Act
fourpoint
11-13-2008, 02:09 PM
The gentleman that rents land from me has a rental agreement just for haying thats it, he even asks me if he can hunt on the land that is how are agreement is depends on land owner, as far as hunting your own land according to Fish and Wildlife you you have your land posted No Hunting not even you can hunt on it according to the regulations, this is why my land is posted No Tresspassing only.
raised by wolves
11-13-2008, 02:17 PM
I think it depends what kind of rental agreement they have. We rent farm land and I think it just gives us the right to farm it.....
In your case, I think it would be best to ask both parties.....
I think Bushmaster has it right. The situation is dependent upon the nature of the legal agreement between the owner and renter. Also, regardless of any renter, the owner more than likely has full authority to decide on allowing hunting.
Jamie
11-13-2008, 04:01 PM
The gentleman that rents land from me has a rental agreement just for haying thats it, he even asks me if he can hunt on the land that is how are agreement is depends on land owner, as far as hunting your own land according to Fish and Wildlife you you have your land posted No Hunting not even you can hunt on it according to the regulations, this is why my land is posted No Tresspassing only.
4 point.. The no hunting thing is not true.
Jamie
unless it is a goverment sign like the ones around bird reserves or parks that say no hunting you can not hunt. a sign put up by a private person that says no hunting or tresspassing is a fancy sign for no tresspassing you can not be charged for hunting but you will be charged for tresspassing under the tresspass act on any private land that you do not have permission on only the goverment can say no hunting this is what i was told by f&w when i posted my land with no hunting or tresspassing only signs that were available
unclebuck
11-13-2008, 07:56 PM
I have given my renter the authority to permit hunters on my property. As I live quite a distance away, I do not expect someone who wants to use the property to call me. I leave the decisions up to my lessee. We cover some 30 sections between us.
bull9898
11-13-2008, 09:28 PM
I have 9 quaters and it is all posted no trespasing or hunting and i still hunt on it and anyone who asks can hunt there to as long as i have shot my big buck.
Knownonscents
11-13-2008, 10:02 PM
I have 9 quaters and it is all posted no trespasing or hunting and i still hunt on it and anyone who asks can hunt there to as long as i have shot my big buck.
On that note.... are you close to Cowtown, as I am a new hunter and have not found any private land to set up a tree stand on:wave::wave::wave:
Renters are entitled to "quiet enjoyment" of the property they rent. In fact, as a renter of Highwayman's property when he shows up set me straighten me out on who owns the land, I could insist that Highwayman not step foot on the land I am renting from him without proper notice and my permission. Sorry partner, but you have rented away your rights to me for $$!
Renters are entitled by law to make the call on who they allow to hunt on property.
Typical
11-15-2008, 10:22 PM
This is the official version, You nd the permission from the ocupant of the said land., That is it.
FisherPotch
11-16-2008, 12:04 AM
From what I have read here it sounds like there are two debates and I can't separate fact from fiction because there seem to be post on "both sides of the fence" in both debates.
1. Who makes the call - Owner or renter?
2. Can one hunt their own land if it’s posted "no hunting"?
In the owner renter case I've always asked/been told to ask both
I was told that an owner can hunt their own land even if it's posted "no hunting"
I think it of the utmost importance that this thread is finished with "the facts" as to not cause confusion because after reading it I don't know what to believe. Any body out there with a concrete answer?
Kanonfodder
11-16-2008, 12:36 AM
Renters are entitled to "quiet enjoyment" of the property they rent. In fact, as a renter of Highwayman's property when he shows up set me straighten me out on who owns the land, I could insist that Highwayman not step foot on the land I am renting from him without proper notice and my permission. Sorry partner, but you have rented away your rights to me for $$!
Renters are entitled by law to make the call on who they allow to hunt on property.
Dmac wouldnt that only apply to a renter that actually lived on the land, quiet enjoyment wouldn't really apply to someone who was renting pasture now would it?
Vindalbakken
11-16-2008, 03:20 AM
FisherPotch - the posted No Hunting thing is pretty simple. The holder of legal right of access of the property who posted the sign can give permission to anyone, including himself, to hunt that property regardless of the signage. Because he gives explicit permission to any one individual to hunt the signed property, the intent of the sign still applies to all other individuals and would serve notice under the provisions of the Petty Trespass Act.
Regarding the rental thing. In an ordinary lease arrangement the person who is renting the land will hold right of access. However there can easily be conditions attached regarding access to the rental agreement, either written or verbal, that would change that status.
Jamie
11-16-2008, 10:14 AM
fisherpotch - the posted no hunting thing is pretty simple. The holder of legal right of access of the property who posted the sign can give permission to anyone, including himself, to hunt that property regardless of the signage. Because he gives explicit permission to any one individual to hunt the signed property, the intent of the sign still applies to all other individuals and would serve notice under the provisions of the petty trespass act.
Regarding the rental thing. In an ordinary lease arrangement the person who is renting the land will hold right of access. However there can easily be conditions attached regarding access to the rental agreement, either written or verbal, that would change that status.
bingo!!
sco22
11-17-2008, 09:36 AM
Just to muddy the water. . .quiet enjoyment and right of access are not typical in land lease arrangements. Generally, land lease arrangements permit a right to use the land for agricultural activities and set out which activities are permitted. Right of access and notice to attend are more common in residential/commercial leases. I would guess that most land lease arrangements that spoken of in this string are verbal in contract.
We have a land lease for our land that speaks specifically to the various activities that may occur on the land. The most important one is removal of pastured cattle prior to October 31. It is silent to permission for third party access, but the old farmer doesn't hunt and has not allowed anyone on.
In the end, irrespective of the legalities involved, I would call both parties for permission. One phone call could save a lot of hassle.
Just my opinion. . ..
Cheers.
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