Courtesy
and good rules will help you get and keep a good hunting lease
By
Dave Henderson
My
early days as a deer hunter were idyllic. Growing up in dairy country, my
brothers and I could hunt all day and go in virtually any direction the deer
sign carried us. We could cross any fence we encountered; a friendly wave to the
landowner the only price for trespass. We knew everyone for miles around and did
farm work for many of them in the spring and summer. If I got a buck down it was
only a matter of knocking on the nearest farmhouse door to get help. Instead of
paying for the assistance, we could usually count on a piece of home-baked pie
and glass of milk before the tractor ride home.
Not
so anymore. Mom still lives in the house we grew up in but the neighbors are now
strangers and the fences more prevalent and restrictive. Rising property taxes
– due to an influx of urban folks who built high-dollar homes in the area –
put some dairy farms out of business. The sons and daughters simply couldn’t
afford to keep the farms after their parents retired or passed on. The farms
that remain face the same taxes, and to survive must find a way to make the land
work for them year-around.
The
situation is common anywhere. Between 80 and 95 percent of all private land is
posted either by sign or legislation (in some states all private land is
off-limits to trespass with no signage required). Today, lack of access to good
land is the No. 1 cause of hunters leaving their pastime. Simply knocking
on doors to gain permission to hunt a property is a fast-fading phenomenon.
What
are the alternatives? Serious hunters today are finding that the only way to
gain sure-fire access to good land is to get together and lease hunting rights,
often from a farmer or other landowner faced with a five-figure annual tax bill
and precious little winter income from the land.
Some
are willing to sell you the rights at a per-acre rate, others may want a lower
rate plus so much per animal. They are, of course, looking for the best possible
price, meaning there may be competition for the lease.
But
the landowner often has other considerations, too. While the lease money is an
essential supplement to the farms’ or landowner’s income, it doesn’t mean
that the amount is the only consideration. Good tracts of land are often passed
down through generations and have a nostalgic, historic and/or aesthetic value
to the owners. They care not only about the money but also who is using their
land.
Thus,
building a strong relationship with the landowner is a common-sense approach to
gaining and keeping a lease. The basics include many moves that were sensible
when you were seeking permission (for free) to hunt a particular property –
greet a prospective landowner right after hunting season; don’t go scouting
for one in the spring when a farmer is busy in his fields, tending to orchards
or (in the case of an absentee landowner) simply tending to other duties.
If
the initial visit is encouraging and the land looks good, offer something as a
goodwill gesture before lease arrangements are even discussed. Something as
simple as a ham, turkey, choice cuts of venison, a bottle of the landowner’s
favorite label leaves an impression that can only help later in the
relationship. And make it an annual gift. Giving once may paint you as an
opportunist; giving every year is a symbol of gratitude and friendship.
Once
lease arrangements are being discussed it is natural to start asserting your
desires and needs – after all, you are going to be paying for access and want
to get your money’s worth. But that kind of one-way thinking is almost always
counter-productive.
“Nobody
is going to come in here and tell me what to do with my land,” said a
farmer-friend who has been approached many times with lease offers. “If they
want to hunt here, they’ll pay and do it under my rules. If they don’t like
it, there’s plenty of others who’ll jump at the chance.”
Putting
your best foot forward is essential; first impressions are very important. The
first step in the negotiations should be to determine what the landowner needs
and wants – does he or she need help during the year with seasonal chores such
as haying, tree pruning, etc.? Do they want lease payments in a lump sum,
quarterly, maybe as a monthly stipend? In the case of an absentee
landowner, do they need someone to monitor the property for downed trees, storm
damage or trespass?
When
working out the lease, make the landowner’s rules a priority. You’ll find
that many farmers, particularly those with cattle, will see adult does as the
enemy. Fawns are almost universally seen as cute but the big does lead the
assault on the land. Cattle owners see the does, like cows, as the producers of
young. While calves are welcome, increasing numbers of deer generally are not.
Thus many farmers want does targeted. That may not only alter your hunting
objectives but may also require additional permit applications for antlerless
deer by you and/or the landowner.
On
the other hand, you aren’t likely to encounter a landowner who wants all the
bucks shot either. There is something regal about a whitetail buck. That crown
of antlers engenders a form of respect and wonder, whether it’s viewed from
the seat of a tractor by a non-hunting farmer or through a rifle scope. You may
thus encounter landowners who want to see bucks protected in some form –
either a minimum rack limit or even a maximum number of antlered deer taken each
year.
It’s
always a good idea, by the way, to make sure that the landowner sees each animal
taken on the property. After all, he’s been feeding the animals and lives with
them. They’ll recognize some of the bucks and they’ll appreciate the big
does being turned into venison. Seeing each animal also gives the landowner the
impression that you want everything done in the open, with no sneaking around.
By
the way, if you want to make a gift of an animal to the landowner, don’t just
drop off the field-dressed carcass. Have it processed, wrapped and frozen. A
field-dressed carcass dumped by the barn only means another chore that day
rather than bounty.
At
the same time, the landowner’s rules should be made clear, and mandatory, to
each member of the leasing party. If one member objects or ignores laws or
rules, the whole agreement is jeopardized. State and federal game laws should,
of course, be observed at all times. But the landowners’ laws are also
important. Break those rules and you’ll be back searching for an open spot on
state land.
I
would propose that you get the landowner’s rules in written form. Farmers may
not be willing to sit down and pen a document, so you may offer to sit down with
him or her and write down the rules as they go over them. Then type it up and
have them review the document; revise it as necessary. When it reads the way
both of you want it, give the landowner a copy and make sure everyone involved
in the lease gets a copy, understands it thoroughly and agrees to it.
The
landowner should have each year an updated roster of those hunters included in
the lease, and a list of their vehicles and license plates, making it
easier to identify just who is using the property.
The
members of the lease should put down a set of by-laws that they will abide by --
organizational factors, payment dates, banking procedures, work schedules and
individual obligations, hunting rules, guest policy, safety procedures, meat
distribution, etc. Not only should every member get a copy, it’s a good idea
to give the landowner a copy – not just for their approval but so that he or
she knows just whom they are dealing with.
Organization
and a good set of by-laws lends credibility to the group, engenders respect for
you as an ethical and responsible group of hunters, and can only help when the
lease comes up for re-negotiation.
There
are several other factors to be determined and included in the lease. Certainly
a clear and detailed map of the property is essential. Everyone must be very
clear on the boundaries, what fences can be crossed, where vehicles can and
cannot be driven, what factors are subject to change year-to-year, directions
that are not safe to shoot, safety boundaries around buildings and livestock,
etc. Can gates be left open to fallow pastures? Does the landowner want animals
dressed where they are killed or transported elsewhere for field dressing?
In
addition to the landowners’ rules on bucks and does, it has to be determined
if the agreement is exclusive to you or if the owner reserves the right for his
or her family or friends to hunt on certain days or certain areas. Does the
agreement pertain only to the firearms deer season or are bowhunters welcome?
You may well find opposition to bowhunting since it is not nearly as productive
in reducing deer infestation and particularly if you’re dealing with a
landowner who has found deer wounded and lost by bowhunters.
Is
the lease just for deer hunting or does it include turkeys, doves, small game
and/or fishing or family outings?
You
may want the landowner to plant specialty seeds or give you permission to do the
same. Or you may want him to leave certain portions of his crops standing
through the hunting season. Can you build mineral licks at strategic spots? How
about permanent or temporary blinds and/or stands?
If
it’s good hunting land you can be sure that someone else wants it also. Be
sure to let the landowner know well in advance if you want to renew the lease.
If he or she doesn’t hear from you other offers may be considered just to
protect the landowner's continuity of income.
All
in all, leasing hunting property is pretty much common sense. But it’s wise to
pay attention to details.