Question Can someone explain this to me?

AnglerX · 11-25-2008, 02:16 PM

In trying to get permission for hunting, I found a field, the house on the land was rented and someone else leased the land to farm. The house tenants knew the leasers' name but not the owner. I contacted the leaser he said he only leases the land to farm and gave me the owners name and address. I then contacted the owner who said it was leased? I'm confused on who can give permission to hunt? I gave up on that area because it was just to much running around. I guess my questions is also when asking permission to hunt from the landowner and they say "it's leased" should I ask for farming or hunting?

and who can give permission to hunt?

Yote-caller · 11-25-2008, 02:25 PM

The way I understand it is when a person leases the land for farming, they may or may not have the authority to grant permission to hunt. It is something that needs to be in the lease agreement. If the leasee dosn't think he has the right then most likly the owner does. If neither one knows, then try somewhere else. Either they arn't telling the truth or they never discussed the issue. It is posible for the leaser to loose the ablity to grant permission even though he owns the land. It all depends what the lease agreement says. Clear as mud???? If you know the ground is leased, it might be best to ask both the owner and the leasee for permission to make sure you are covered.

fast-pirogue · 11-25-2008, 02:26 PM

X, the owner would have final say so on the hunting permission. Did you specifically ask about hunting? Perhaps he misunderstood you. Might be worth another try.

thedarkarcher · 11-25-2008, 02:30 PM

i've had the same problem, but i've also been given permission from the leasee(sp?) to hunt ground before and from owners who's ground is leased for farming. usually, the owner has the say.

tc_topshot · 11-25-2008, 03:40 PM

Ive been there also. Ask the land owner, sometimes they give the leasee the right to grant permission, sometimes like in my case, the land owner kept the right because he has a few grand childern that hunt the place like once a year.

obert · 11-25-2008, 03:51 PM

Legally though isn't it the person leasing the land that has that say, unless it is written into the contract?

Alex T. · 11-25-2008, 04:29 PM

Very simple.It's a process of elimination.
1)the house renter said he had nothing to do with the farm ground....eliminated.

2) the land leasee should have been asked if he had permission to grant someone the right to hunt.....it either stops there and ya get denied or granted permission OR you eliminate it

3)ya go to the owner and ask,tell him that the leasee said he didn't have the right to give permission.Then,it leaves it up to the owner.Or,the owner will say go back to the leasee and it's up to him.Then,ya go back and tell the leasee the owner said that he does have the right to grant/deny permission.

Quote:

I guess my questions is also when asking permission to hunt from the landowner and they say "it's leased" should I ask for farming or hunting?

Well,I would hope so.

Quote:

I gave up on that area because it was just to much running around.

Welcome to the world of scouting.

Alex

AnglerX · 11-25-2008, 04:35 PM

Quote:

Then,ya go back and tell the leasee the owner said that he does have the right to grant/deny permission

Does or does not? This is like that 11:15pm Message "Be at my house at 3:15"....AM or PM?

tjm · 11-25-2008, 04:35 PM

Quote:

Originally Posted by obert

Legally though isn't it the person leasing the land that has that say, unless it is written into the contract?

I don't think a person leasing for farming as sole hunting rights unless it is spelled out. I've ran into this on property my uncle farms. I use to hunt it all the time when I was a kid until the owners inlaws started showing up hunting. I still hunt it once in awhile if there in no one down there. Unless they are disturbing farming operations I don't think you can stop the owner from letting people hunt it.

south of 41 · 11-25-2008, 05:09 PM

better stick to wading X

Alex T. · 11-25-2008, 05:19 PM

Quote:

Does or does not? This is like that 11:15pm Message "Be at my house at 3:15"....AM or PM?

Either way. Does have the right to grant or deny permission or doesn't have the right to. Doesn't make sense to send you a PM at 11:15 at nite if it was for 3:15 the next afternoon;I woulda called at 8:00am if it was an afternoon only hunt but I didn't wanna wake ya if you were sleeping. Your'e making things way more difficult than they need to be in your scouting attempts.When ya talk to landowners or leasees..it's your responsibility to make sure things are clear....to you and them.

Alex

**Chad** · 11-25-2008, 06:00 PM

Quote:

Originally Posted by AnglerX

In trying to get permission for hunting, I found a field, the house on the land was rented and someone else leased the land to farm. The house tenants knew the leasers' name but not the owner. I contacted the leaser he said he only leases the land to farm and gave me the owners name and address. I then contacted the owner who said it was leased? I'm confused on who can give permission to hunt? I gave up on that area because it was just to much running around. I guess my questions is also when asking permission to hunt from the landowner and they say "it's leased" should I ask for farming or hunting?

and who can give permission to hunt?

I've run into this a few times, Andrew (it's becoming increasingly common) and it really should work in your favor.

Really either one can give you permission, but for your sake and theirs, everyone should know and be okay with it.

It's the old "Mom, dad said it would be okay if I did X as long as it's okay with you" routine.

You spoke with leaser and he wasn't against you hunting it... in fact, he didn't state any objections. He just passed you off to the owner.

So, you call the owner and say, "Yes sir, this is Angler X. I was just speaking with Mr. Leaser about hunting a few geese that are on your property at such and such a location this Friday. Mr. Leaser didn't have any objections to me hunting it, and suggested I give you a quick call to make sure it was okay with you as well. Would it be okay if I hunted these geese here on Friday?"

Then I'd call the Leaser back and let him know that Mr. Owner said we were a go, so he should expect to see my red truck out there early Friday morning if he's in the area.

Just like in sales, you have to accept no from time to time, but you never accept the run around. Always Be Closing... one way or the other...

**Ty Stromquist** · 11-25-2008, 06:18 PM

Quote:

Originally Posted by obert

Legally though isn't it the person leasing the land that has that say, unless it is written into the contract?

This is what I was told from a lawyer pal.

Basically a owner cant give you permission to hunt a field he leased because you can be driving over that leasees crops or property....... if ya know what I mean.

laughingwatr · 11-25-2008, 07:14 PM

I had a friend from Wisconsin that said there are guys there that will write up a lease that the owner belives is essentially a farming lease but it will give the tenant all the hunting rights. This is enforceable there and the landowner has no recourse because he signed the lease. Obviously it only lasts as long as the lease.

11-25-2008, 02:16 PM	#1 (permalink)
AnglerX Member Join Date: Aug 2006 Location: where the shad are.. Posts: 2,595 Thanks: 11 Thanked 54 Times in 22 Posts	Can someone explain this to me? In trying to get permission for hunting, I found a field, the house on the land was rented and someone else leased the land to farm. The house tenants knew the leasers' name but not the owner. I contacted the leaser he said he only leases the land to farm and gave me the owners name and address. I then contacted the owner who said it was leased? I'm confused on who can give permission to hunt? I gave up on that area because it was just to much running around. I guess my questions is also when asking permission to hunt from the landowner and they say "it's leased" should I ask for farming or hunting? and who can give permission to hunt? __________________ Keeper of the Blue Bucket ...

11-25-2008, 03:40 PM	#5 (permalink)
tc_topshot Member Join Date: Dec 2007 Location: Broken Bow/Lincoln Posts: 385 Thanks: 6 Thanked 7 Times in 4 Posts	Ive been there also. Ask the land owner, sometimes they give the leasee the right to grant permission, sometimes like in my case, the land owner kept the right because he has a few grand childern that hunt the place like once a year. __________________ Whackin' Woodies Waterfowl Crew "If it's stupid but it works, it isn't stupid." - Murphy's Laws of Combat

11-25-2008, 03:51 PM	#6 (permalink)
obert Member Join Date: Mar 2007 Location: W. Omaha Posts: 1,734 Thanks: 33 Thanked 27 Times in 19 Posts	Legally though isn't it the person leasing the land that has that say, unless it is written into the contract? __________________ God bless the USA... www.bowfishnebraska.org

11-25-2008, 05:09 PM	#10 (permalink)
south of 41 Member Join Date: Aug 2006 Location: sea monster Posts: 2,240 Thanks: 0 Thanked 15 Times in 8 Posts	better stick to wading X __________________ The advantage of a classical education is that it enables you to despise the wealth that it prevents you from achieving. Eighty percent of success is showing up. RECOVERING NICOTINE ADDICT SINCE April 6th 2008

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11-25-2008, 02:25 PM	#2 (permalink)
Yote-caller Member Join Date: May 2007 Location: Hastings Posts: 36 Thanks: 0 Thanked 1 Time in 1 Post	The way I understand it is when a person leases the land for farming, they may or may not have the authority to grant permission to hunt. It is something that needs to be in the lease agreement. If the leasee dosn't think he has the right then most likly the owner does. If neither one knows, then try somewhere else. Either they arn't telling the truth or they never discussed the issue. It is posible for the leaser to loose the ablity to grant permission even though he owns the land. It all depends what the lease agreement says. Clear as mud???? If you know the ground is leased, it might be best to ask both the owner and the leasee for permission to make sure you are covered.

11-25-2008, 02:26 PM	#3 (permalink)
fast-pirogue Member Join Date: Sep 2006 Location: Omaha Posts: 260 Thanks: 2 Thanked 2 Times in 2 Posts	X, the owner would have final say so on the hunting permission. Did you specifically ask about hunting? Perhaps he misunderstood you. Might be worth another try.

11-25-2008, 02:30 PM	#4 (permalink)
thedarkarcher Member Join Date: May 2008 Location: Lincoln Posts: 940 Thanks: 103 Thanked 54 Times in 40 Posts	i've had the same problem, but i've also been given permission from the leasee(sp?) to hunt ground before and from owners who's ground is leased for farming. usually, the owner has the say.

11-25-2008, 07:14 PM	#14 (permalink)
laughingwatr Member Join Date: Jul 2007 Location: Niobrara River Posts: 121 Thanks: 0 Thanked 2 Times in 1 Post	I had a friend from Wisconsin that said there are guys there that will write up a lease that the owner belives is essentially a farming lease but it will give the tenant all the hunting rights. This is enforceable there and the landowner has no recourse because he signed the lease. Obviously it only lasts as long as the lease.