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Obtaining hunting permission from a lesser-farmer

2K views 4 replies 4 participants last post by  chass 
#1 ·
If a landowner leases a piece of property to a farmer for the sole purpose of farming the ground, who holds the right to give hunting permission? Would it be the lesser-farmer or would it be the lessor-landowner? Would it depend on the specific language of the lease contract between the landowner and the farmer?
 
#2 ·
Definitely depends on the language. If there’s no defining language eluding to hunting rights, then my opinion would be that the lessor would retain those rights. However, it could be an overarching lease if the language is too vague and doesn’t state that the lease is exclusive and specific to farming and related activities.
 
#3 ·
Definitely depends on the language. If there's no defining language eluding to hunting rights, then my opinion would be that the lessor would retain those rights. However, it could be an overarching lease if the language is too vague and doesn't state that the lease is exclusive and specific to farming and related activities.
I recently called ODNR to pose this question and they could not have been less helpful. Anyway, from speaking to farmers, such as my father, when a farmer-lesser leases a piece of property, their lease price is going to be by the acreage. If a property has 50 acres of tillable farmland and another 50 acres of hardwoods, the farmer-lesser is only going to pay for 50 acres because he's not using the 50 acres of woods. Therefore, the majority of farm leases these people have seen do not mention hunting rights, they merely refer to the farmland. With all that being said, I am finding and coming to the conclusion that the default position is that hunting permission, or the right to grant hunting permission rather, remains with the landowner-lessor, unless stated otherwise in the lease.
 
#4 ·
Always, always!!! get permission from the landowner! I did this when i was about 17yo i stopped and asked a guy emptying the combine and later ran into a goose hunter and was told the farmer wasn't allowed to give permission because of too many people to go to a house and ask the actual owner. I asked and he said he seen me over there a few times and was going to come talk with me as he knew what happened and asked i not deer hunt due to family being over there and issues with the farmer letting 10 guys deer hunt 15acre woodlot. I thanked him and apologized and learned my lesson. Now i use the auditors website to find the actual owner by tax maps.
 
#5 ·
Always going to depend on the contract that was signed. Not at all surprised ODNR won't answer questions about it. You're better off getting a lawyer and having a massive headache because toes will be smashed. Honestly it's prolly something you rather not even jump into.
 
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