Leasing Companies Leases
#36549
03/09/2015 02:05 PM
03/09/2015 02:05 PM
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Joined: Feb 2001
Posts: 6,376 Indianapois, IN, USA
delaney
OP
Hoosier Hunter
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OP
Hoosier Hunter
Joined: Feb 2001
Posts: 6,376
Indianapois, IN, USA
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Had a friend ask me a few questions about the lease language for a couple of the leasing companies. So today I spent a little time looking through the various companies leasing documents. I must say that the language was interesting and left much to be desired in my opinion. Its kind of sad that most of the leases leave the hunters little recourse if something is not lived up to after the lease has been paid for, in my opinion. One company has arbitration language but the state named as the location for the arbitration was not Indiana, which is not a wise choice if you are living and leasing in Indiana. Be careful what you sign and realize that you may not have much of a way to protect yourself if there is constant trespassing, or the landowner doesn't live up to their commitment because it seemed like a lot of the leases didn't enable any prosecution rights or legally recovery of lease costs for the hunters to protect their investment. I told the guy to consider anything he paid as sunk cost and to realize that he appeared to have a very, very one sided agreement that he was considering, in my opinion. This is not intended to say or suggest leasing companies are bad or evil, just suggesting everyone read carefully what the language is saying.
"Fishing is like a one night stand, unless you're fly fishing, then you've encountered the romance of your life"
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Re: Leasing Companies Leases
#36551
03/10/2015 03:29 AM
03/10/2015 03:29 AM
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Joined: Dec 2002
Posts: 1,586 Cass County
Steiny
Member
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Member
Joined: Dec 2002
Posts: 1,586
Cass County
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Leasing companies are getting out and doing what most hunters are unwilling to do. They are making direct contact with land owners and helping them earn a few more dollars per acre from their land. They advertise to hunters who don't have the time or interest in beating on doors to find these places, and make it pretty darned convenient if you don't mind paying a few bucks to hunt.
I've leased for (6) years now, two different farms from both Basecamp and HLN and have no negative comments on either situation. Have met the landowners and spoken to leasing agents and have never had any of the problems eluded to. We were concerned we might get some stands stolen, or might have local boys slipping in on our place, but have had no problems at all.
I'd agree, the contracts do favor the land owner over the hunter, but who can blame them? It's their ground, they write the rules. I really feel like if I had a drastic problem it could be worked out favorably. These leasing companies aren't going to screw over their paying customers, or they won't be in business for long.
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Re: Leasing Companies Leases
#36552
03/10/2015 05:49 AM
03/10/2015 05:49 AM
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Joined: Feb 2001
Posts: 6,376 Indianapois, IN, USA
delaney
OP
Hoosier Hunter
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OP
Hoosier Hunter
Joined: Feb 2001
Posts: 6,376
Indianapois, IN, USA
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I would simply suggest that the contracts should more specifically define recreation, prosecution rights and recourse if the lessor violates the agreement. Actually, in a true business world, it would seem that half, or a portion, of the lease payment would be held in escrow until the end of the season to assure compliance on the lessor. Also, if there are "reserve rights", I'd make sure there was a definition as to what those were, for either party to the lease. No doubt that most of these transactions won't have any issues, but if a guy happens to get in one of the situations where there are issues like the lessors dogs running every day and night, lessor family members horse riding the property constantly, the property being sold and so on, the lessee has significant issues in getting recourse in my opinion.
"Fishing is like a one night stand, unless you're fly fishing, then you've encountered the romance of your life"
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Re: Leasing Companies Leases
#36554
03/10/2015 07:52 AM
03/10/2015 07:52 AM
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Joined: Feb 2001
Posts: 6,376 Indianapois, IN, USA
delaney
OP
Hoosier Hunter
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OP
Hoosier Hunter
Joined: Feb 2001
Posts: 6,376
Indianapois, IN, USA
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I agree with your comments. That said, the business model could sure could use more "balance" in my opinion. It won't though unless the demand falls off. Much of this leads to the suggestion that if your're young, with many years left to hunt, or have money laying around that is purely disposable, buying a property might be a better strategy, which in itself still has issues.
"Fishing is like a one night stand, unless you're fly fishing, then you've encountered the romance of your life"
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Re: Leasing Companies Leases
#36556
03/10/2015 01:33 PM
03/10/2015 01:33 PM
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Joined: May 2011
Posts: 2,807 Montgomery County
76chevy
Hoosier Hunter
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Hoosier Hunter
Joined: May 2011
Posts: 2,807
Montgomery County
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I work with contracts from several hundred thousand to into the millions of $ daily. Most of the leasing contracts I have seen are a complete joke that serve to protect the company and landowner interests. In most no recourse is spelled out for the hunters should the terms of the agreement be broken. In other cases, the terms are inadequately defined. I do like the escrow idea. Originally posted by delaney: I would simply suggest that the contracts should more specifically define recreation, prosecution rights and recourse if the lessor violates the agreement. Actually, in a true business world, it would seem that half, or a portion, of the lease payment would be held in escrow until the end of the season to assure compliance on the lessor. Also, if there are "reserve rights", I'd make sure there was a definition as to what those were, for either party to the lease. No doubt that most of these transactions won't have any issues, but if a guy happens to get in one of the situations where there are issues like the lessors dogs running every day and night, lessor family members horse riding the property constantly, the property being sold and so on, the lessee has significant issues in getting recourse in my opinion.
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Re: Leasing Companies Leases
#36557
03/10/2015 01:42 PM
03/10/2015 01:42 PM
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Joined: May 2011
Posts: 2,807 Montgomery County
76chevy
Hoosier Hunter
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Hoosier Hunter
Joined: May 2011
Posts: 2,807
Montgomery County
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with all the information online, you don't even need to beat on doors now. Find some parcels which look good and contact the landowners directly with an offer. They get more money in their pocket and both hunters and landowners save money by cutting out the middle man. all the property owner info is online now. http://www.wthtechnology.com/index.php/customer-websites/list-of-customer-web-sites https://beaconbeta.schneidercorp.com/ Originally posted by Steiny: Leasing companies are getting out and doing what most hunters are unwilling to do. They are making direct contact with land owners and helping them earn a few more dollars per acre from their land. They advertise to hunters who don't have the time or interest in beating on doors to find these places, and make it pretty darned convenient if you don't mind paying a few bucks to hunt. ....
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