Land leases – An ounce of prevention worth tons of cure

Recently, in an interview for an episode of Ranchcast, I had the privilege to visit with Tiffany Dowell Lashmet where we discuss numerous topics one of which was land leases.  Here are some valuable takeaways from that interview.
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Whether you have hunters coming or you're leasing your land for cattle grazing, having a written lease agreement can protect the relationship, ensuring that all know what's going to expect in order to prevent conflict.  Landowners can do many simple things to prevent accidents and disagreements. These things can be as basic as having liability insurance.
For example, graze leases can seem simple, however when you take into consideration the value of the land and of the livestock involved, it’s apparent how important it is to take strides to implement a proper lease in writing. No business should be doing a deal between two parties with that much capital on the table and not have something in writing.

Tiffany’s recommendations of “Steps to Create a Hunting Lease”:

1. Have a written hunting lease
   
   1. It is a good idea to outline anything that might become an issue.  For example, print off a map and highlight the lease area. You can do that on Goggle Earth for free.  You can also identify any potentially dangerous conditions on the same map.
      
2. Have all hunters and guests sign a waiver of liability-also called a liability release.  You need that liability release from everybody who's going to come on the property even if they are not hunting.
   
   1. The Texas Recreational Use Act and the Texas Agritourism Act, protect a landowner if a paid hunter is coming on their property.  However, you need to familiarize yourself with what is required in order to comply with these acts.
      
3. As far as payment goes, ensure everybody's on the same page.
   
   1. Generally, hunting leases are either on a per gun basis or a per acre basis. Spell that out in the lease. Most landowners want to have full payment before a hunter comes on their property.
      
   2. Another clause that can be useful, especially if you're leasing to someone you've not leased to before or don’t know well, is to include a security deposit.
      
4. Obtain liability insurance prior to hunters coming on the property.  
   

Every landowner needs liability insurance, and you need to make sure that it covers everything you're doing on your property. To protect yourself, use a release or post clear signage, or both. In certain situations where you might be sued and are not liable, this will help protect you. In the event you need or prefer an attorney, ask your neighbors who they've used. There are a lot of great attorneys that do this kind of work.
Tiffany Dowell Lashmet has served as an agricultural law specialist for Service since 2013. Tiffany's work focuses on legal issues impacting Texas landowners and agricultural producers, including leases, water law, oil and gas law, pipeline easement negotiation, and landowner liability. She travels widely to speak  at various meetings and conferences on these issues and has published several law review articles, extension fact sheets, magazine articles, and newspaper articles on these topics. She also offers the award-winning Texas Agriculture Law blog, recognized as one of the top 100 legal blogs in the nation by the American Bar Association in 2014. Tiffany is licensed to practice law in Texas and New Mexico. She grew up on her family's farm and ranch in northeastern New Mexico between Tucumcari and Logan. Tiffany got her undergraduate degree at Oklahoma State in agribusiness, farm and ranch management. She went to law school and received her law degree from the University of New Mexico.
Texas A&M AgriLife Extension take the research and things being developed at the University and take it out to educate folks in the real world. As an extension agricultural law specialist, Tiffany tries to educate Texas landowners and producers on different legal issues that are facing them, whether that's giving information on water law or how landowners can protect themselves from liability.

For more information view: Texas Agriculture Law blog.  Also, find her podcast, Ag Law In The Field on iTunes and The Podcast App.