In many provinces,it is illegal to charge money to allow access for the purpose of hunting,so putting "agricultural purposes/Hunting" in the lease would be illegal.But also because of the law,the people leasing the land have no legal right to hunt without permission.
an interesting problem-who's in the right?
- Thread starter kevin.303
- Start date
In many provinces,it is illegal to charge money to allow access for the purpose of hunting,so putting "agricultural purposes/Hunting" in the lease would be illegal.But also because of the law,the people leasing the land have no legal right to hunt without permission.
I could see that being an issue I more ment it in the way that unless the agreement specificaly states hunting is allowed then it is not........
If the contract says "I give Jimmy permission to grow and harvest corn on my back 2acre field" signed farmer and Jimmy.....The only thing Jimmy has the right to do on the land is Farm Corn and thats it no hunting.
I would think that the renter is in the right. Think of it this way, if you rent an apartment and the land lord's cousin wants to use the bathroom, you wouldn't be cool with it. If he is renting the land he may not own it, but by paying that regular fee he does have some right (with in reason) as to what can be done on it.
Again like everyone else has stated it all depends on the agreement
Again like everyone else has stated it all depends on the agreement
Agricultural rental agreements are NOT the same as landlord-tenant. The lease holder only has specific rights to raise a certain crop, and access to that crop for farming reasons. If they think that they can show up opening morning of deer season with a truck full of bubbas..forget about it. Get the owner to draft a letter stating that you are the only one with permission to HUNT on said property and don't be afraid to show it around, call a conservation officer to lay charges of trespass to hunt if you must.
Not much in here about hunting rights, but get it in writing, and carry it with you.
http://www.gov.mb.ca/agriculture/financial/farm/caf04s01.html
A Guide To CROP LAND LEASING AGREEMENTS
Back
I. INTRODUCTION
There are three basic leases: a crop share lease, a cash lease or a flexible cash lease. The lease agreement will state the amount of rent payable, the date of the rental payment, the length of the lease term and the rights and responsibilities of both parties, depending on the type of the lease.
Landowners should consider the tax implication of leasing land. An important tax consideration is the potential loss of the capital gain rollover to a child.
http://www.gov.mb.ca/agriculture/financial/farm/caf04s01.html
A Guide To CROP LAND LEASING AGREEMENTS
Back
I. INTRODUCTION
There are three basic leases: a crop share lease, a cash lease or a flexible cash lease. The lease agreement will state the amount of rent payable, the date of the rental payment, the length of the lease term and the rights and responsibilities of both parties, depending on the type of the lease.
Landowners should consider the tax implication of leasing land. An important tax consideration is the potential loss of the capital gain rollover to a child.
Not sure I see your line of thinking ??
If you rented it for ->agricultural<- purposes then how do you get ->free to use it in any way<- out of it??
C Broad Arrow
CGN Ultra frequent flyer
Agricultural renting does not mean hunting rights. I had the same issue on my hunting property. It got itself sorted out during this spring turkey hunt after the trespassers were told that they had no claim and to move on. We allowed them to finish their morning hunt and that was the last we saw of them.
It should be interesting to see what happens this deer season. We have posted the property. We have planted Biologics, cut trails, placed cameras, installed stands... none of which existed before. So if some trespasser enters they will be told to leave and then warned that they will be charged. If they refuse a cell phone camera will take their pictue and they will be reported to the OPP... and prosecuted. No need to be any more confrontational than that.
End of story...
It should be interesting to see what happens this deer season. We have posted the property. We have planted Biologics, cut trails, placed cameras, installed stands... none of which existed before. So if some trespasser enters they will be told to leave and then warned that they will be charged. If they refuse a cell phone camera will take their pictue and they will be reported to the OPP... and prosecuted. No need to be any more confrontational than that.
End of story...
I think this is where some are misunderstanding the situation (not to pick on Dannymat and Boomer!) - The land in question is not RENTED, it is leased. Lease agreements are not the same as rental agreements. Also, the leasing of the land in this case is only for the growing and harvesting of crops, not carte blanche for anything goes.
If I had a rental agreement on land, then I too would expect to be consulted on access for everyone including the landlord. Landlords usually have to provide 24 hrs notice of entering the rental property unless invited to enter by the renter.
We own a large piece of land near Niagara and rent out several fields, The renters have no rights to anything other than planting, maintaining, and harvesting.
We have never had a problem with the renters assuming they can hunt.
trespassers in the bush is another story...
We have never had a problem with the renters assuming they can hunt.
trespassers in the bush is another story...
I dind't even bother reading the replies. But what I have highlighted in your post tells the story, THEY PAY,.....YOU LOSE. Get over it and try to get along.
gitrdun:
I highlighted the parts that matter in no way is hunting agricultaral unless its a deer farm.....what they have permission to do is grow alfalfa.
if you read the replys before you post you will see land lease agreements are for crops only not run of the land do what ever you want to do.....BS...its also not likely the renters are hunting the fields they have rented they are more then likely hunting the unfarmable edges of the fields or the woods beside the fields to which they certainly dont have any claim to as its not farmable land.
FRITZE Richard A.
New member
- Location
- Red Deer, AB
Landlord & Lessee rights
I don't practice land law anymore [haven't for years] but as I recall, the lessee gets all the rights to the land [other than the reversion, ie., the land goes back to the lessor at the end of the lease term].
A written lease can, however, keep more than the reversion for the lessor but unless this is done, the lessee has everything including the say as to who enters.
Richard A. Fritze
I don't practice land law anymore [haven't for years] but as I recall, the lessee gets all the rights to the land [other than the reversion, ie., the land goes back to the lessor at the end of the lease term].
A written lease can, however, keep more than the reversion for the lessor but unless this is done, the lessee has everything including the say as to who enters.
Richard A. Fritze
I too have been in the same predicament. Last year I made quick call to MB DNR and they told me that unless their is a specific signed agreement between the landowner and the renter, the renter would have access to the land as long as the rent was being paid.
rustysdream
CGN frequent flyer
- Location
- Saskatchewan
Hmmmmmm.........
So, if I rent an apartment the landlord's relatives can come and cook in the kitchen, watch TV or sleep in my bed whenever they want to? Or if I rent a car, the owner's son can take it for a ride? I don't think so.
The renters clearly have the right to use the land for recreational purposes and they do it regularly. Otherwise, the owner (your relative) would have taken steps to stop them.
You are a third party and have no legal ground whatsoever to ask the renters to leave the property or to hunt on a certain area.
If you can't work out the situation by a non legal (mutual) agreement, make sure that your relative will change the rental contract and it will be absolutely clear when it comes to renewal.
Till then, you should stay away from the property. It's RENTED.
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It all depends on how the contract is worded. Some land owners give a lot of control of the land to the renter in return for extra maintenance or something. I would talk to your relative and let him know the situation. Ask him to talk to the renter about your use of the land, or you go talk to him about it. Usually these things can be cleared up with communication. With out knowing how the contract is worded this is just general help. Normally the contract do not give total control of the land, the land owner keeps that.
Quick answer....NO. It is not rented, its an ag. LEASE. You can't tell me that the guy that rents the 40acres of tile-drained land somehow now has some implied right to my other 320 acres of mixed bush. If that Was the case, I would lease out a small garden sized plot 1/10 acre off of every farmer in the area and for $12-$15 each I would be able to hunt their whole farm??? NOT.
rustysdream
CGN frequent flyer
- Location
- Saskatchewan
If you have a 360 acres property and someone is renting 40 acres of it, he has no right to enter the other 320 acres. That would be trespassing.
The rental or lease contract should be clear regarding the use of land other than agricultural purposes. We don't know what it says.
Actually, when leasing/renting the land and weither it is stated for agricultural purposes only or not, that farmer/renter does have the right to hunt it. At least in ontario a farmer has the right to buy a license to hunt deer on lands they own/lease rent. It is seperate from the draw system. That was an issue we had with a farmer a couple years ago. The CO stated that he wasn't breaking any rules hunting on property we had permission for cause he rented the field to the bushlot we hunted.
Not saying the CO was correct.
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