Question about people renting land

Rotaxpower

Rotaxpower

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Well last year my uncle passed, and he left me and my brother and sister a 1/4 of land. Right now it is rented, and the person renting it has it posted no hunting. He has a bison fence on it, and keeps bison there, he also has a lock on the gate so no one can get in.

So today, I drive by my 1/4 and see a coyote out there, a big buggar. I was going to shoot it, but he has it posted, there is a huge fence, and the gate is locked so I cant get in to retrive my kill. So I passed on it. (BTW there was no livestock in there) Can I still hunt it if the renter posted it? So do you guys think it is out of the question to ask the renter to give me a key to the gate, so if the opertunity arises again to shoot something in there I can retreave it. Also he had a contract to rent the land from my uncle, not me and my siblings. So it is now void. Any thoughts on this?
 
Sounds like you've got two seperate issues,

1) Can you hunt on land you own if it's posted No Hunting?

2) Does your rental agreement transfer hunting rights to the renter or is that right reserved by the owner?

A side issue is the reasonableness of hunting next to bison.
 
Sounds as if the land is being occupied without any valid rental agreement.
To whom is the rent being paid?
Better check with a lawyer. You do not want to let the situation slide.
 
Depends on the terms of the rental agreement. If the ownership and title of the quarter section is now legally in your, your brother and sister's name, then the renter's rights under the contract are null and void unless there was specific language covering any change of ownership. What rights delegated to the renter from you, the owners, needs to be cleared up.

Best to check with a lawyer where the three of you stand on this versus the renter to make sure you're not getting into a sticky legal mess. May cost a bit, but worth doing it the right way.
 
John Spartan said:
. If the ownership and title of the quarter section is now legally in your, your brother and sister's name, then the renter's rights under the contract are null and void unless there was specific language covering any change of ownership..
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I did have a copy of the contract, and it had nothing stating what would happen if ownership changed. I cant find the contract now, and the renter isnt being helpfull providing us with his copy.......
 
You may want to tell the renter to be a bit more helpful. Once all the legalities are finished you may have the right to boot his ass off of there.
 
John Spartan said:
Depends on the terms of the rental agreement. If the ownership and title of the quarter section is now legally in your, your brother and sister's name, then the renter's rights under the contract are null and void unless there was specific language covering any change of ownership.
Click to expand...

I seriously doubt that a change in ownership has any effect on the contract as is. Would you accept eviction or a rent hike simply because the owner of your rented property died prior to the natural end of your lease?

powdergun said:
You may want to tell the renter to be a bit more helpful. Once all the legalities are finished you may have the right to boot his ass off of there.
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And this begs the question, "Have you spoken to the renter yet? Have your family hunted this section previously? Is he aware of your desire to hunt the land."
 
The renter already has a significant investment in the property if he has a bison fence surrounding it. He will not want to give it up too readily so he should be willing to co-operate with you on matters as simple as allowing hunting and providing a key to the lock.
In the next contract you negotiate, specify you retain any rights to hunting etc.
 
you are dealing with a pasture lease.YOU own the land-he rents the grass on it.
He needs to give you a key,or you can make your own gate with wire cutters,it's your fence!The second the posts went into the ground the fence became yours.You are within your right to cut his lock off and replace it with your own!
In Sk. you can hunt posted land that belongs to you.
Regardless of what anyone says he CANNOT stop you from going onto land YOU OWN!
here's a link for you:
http://www.agriculture.gov.sk.ca/Default.aspx?DN=18b5fc6c-1ed0-49ce-96ce-9410b1868974
you may have to wait for the estate to be settled to make a current agreement.don't go more that 5 yrs at a time,pasture prices fluctuate with weather change and availability.
Request a copy of his copy of the lease agreement,if he doesn't provide one as proof there is one,then let him know he won't have the land next season.You hold all the cards here because YOU OWN THE LAND!

GL
 
Just another point, If he is grazing bison on it, if a few years there won't be ANY wildlife on that land. Where the bison go nothing grows. Intensive bision grazing destroys wildlife habitat.
 
10x said:
Just another point, If he is grazing bison on it, if a few years there won't be ANY wildlife on that land. Where the bison go nothing grows. Intensive bision grazing destroys wildlife habitat.
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I'd also be more than a little concerned about the potential for CWD.
 
Brother Rockeye makes good sense. I think you have more property rights than you think. If the deed has been transferred, you should be good. The renter agreement has been extinguished. Be careful as he is establishing some property rights by occupation, but i am very sure you may hunt your own titled land.

One more thing: take pictures of the Bison, land, fence, signs, and any surveys for future reference.
 
Hold on - the land is still currently in the estate of the father, and not in the possession of the beneficiaries - heck the will may not have been successfully probated yet, particularly if there are disputes.
The executor of the estate calls the shots - you need to talk to that individual about this and any other issues. For example, the will could stipulate some terms vis the rental of the property, or that the property be held in trust until the beneficiaries mature to a certain age (very common).
 
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Typical

Rotaxpower said:
I did have a copy of the contract, and it had nothing stating what would happen if ownership changed. I cant find the contract now, and the renter isnt being helpfull providing us with his copy.......
Click to expand...

a++++++. Probably trying to find a way to get the land.

In MB if the land is posted as no hunting, no hunting means no hunting to whomever, even the landowner from what I gather.

I think the best way to post is Hunting with Written Permission only. No written permission and one is in violation.

You and your siblings will be the landowners when the LAYWERS get done screwing with you and your money then you write your own permission slip to hun ton your own land.

Just my thoughts. Good luck.

Calvin
 
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