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Opinions please...

Old 09-17-2006 | 07:22 AM
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My hunting buddy and I had a bad situation about 3 years ago when we had a deer lease. We ended on bad terms with the landowner and never really got the matter settled. Here are some of the things that happened.

The farmer that owned the land had cows and said he would keep them penned up. He didn't. We also discovered shell casings of a calibur that we were not shooting in the rifle stands. We found that the blackout material we put at the back of the stands was torn off a couple of them as well. We discovered that the farmer was letting his grandson hunt out of our stands and would let him shoot whatever was in the field. (porcupine, possum, turkey, whatever) My buddy and I had the same boots and the farmer once made a comment that there wasn't anywhere on his land where you couldn't find my footprints. (I guess he didn't know we had the same boots) We had a situation once were we had to drive a truck into the feeder to get it refilled and we put some ruts in the mud along the edge of the field. The farmer didn't like that and told the land agent (the person that set up the contract) that we had rutted up his field real bad. I was once sitting in my rifle stand at about 4pm waiting for sunset and I heard a truck along the road. Then I see the old man walking along the dirt path that is only about 15 yards from my feeder and after he disappears behind the trees, I hear him start up his diesel pickup so he can drive out. Wonder why I didn't see any deer that evening. In the end, we were supposed to have the land for a full calender year so we could hunt hogs in the spring. Right after deer season, the farmer complained about us so much that we were told to get our stands and feeders by the end of the month or he could confiscate them! The farmer complained that we were on his land too much!

I don't know how you guys feel about it but this was our take on the situation:

1. Since we paid $1500 apiece to be there, we figured that meant we could hunt every single day if we wanted to. We were paying for it.
2. We were under the impression that nobody was allowed to hunt that land but the people that were paying for the priveledge. (we found out the farmer, his son and grandson were all hunting there as well and using our stands)
3. The farmer didn't keep his cows penned up like he said he would. They were grazing in some of our best game trails.
4. While we did put about a 20' rut at the edge of one of his fields, we were very apologetic about it and only did it once when we had no choice but to drive. Every kill we got, we dragged over 200 yards to the end of the field so we didnt' have to drive on it.
5. He had no respect for our hunts, even when he saw our truck parked on the edge of the land.


So what do you guys think? Was it ok for him to hunt there too? Think he was justified? Think we diserved some some money back?
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Old 09-17-2006 | 07:46 AM
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This is one ( if not the main ) reason you gotta get the contract in writing , a contract protects you and anybody else ( if a group ) and the owner as well.
Writen contracts can be very detailed and once both parties agree and sign it , it becomes a legal document.
The owner has a right to do whatever he wants to on his land and to let his family to use as well but for him and his family to use and distory your stands was bad judgment on his part.

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Old 09-17-2006 | 07:54 AM
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We did have a contract in writing, but it didn't address the landowner hunting the land.

I really didn't think he had the right to be hunting there. In my mind, he sold that right to us. There were 3 of us total on that land, he made $4500 for his trouble. I think he made out great. If I get a deer lease in the future, I will make sure that is defined in the contract.
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Old 09-17-2006 | 07:54 AM
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I totally agree with RDHunter, a well defined written contract should have been used. There is no disputing if the terms are in black and white.

You certainly deserve some cash back if your contract wasn't fullfilled however the amount will certainly be in disagreement. Consider this one lessoned learned and make sure it's all in writing next time. IMO

edit: LOL you and I must have been typing the same time Reacher.
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Old 09-17-2006 | 08:03 AM
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You just answered you own question. It did not address the LANDOWNER. It is still his land and unless it gives you and whoever else is stated in the agreement exclusive rights he is legally able to have access to it and whoever else he decides to join him. It is not very ethical of him but it is legal. Sorry for your misfortune. Get a better agreement next time and good luck.
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Old 09-17-2006 | 08:08 AM
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Against my better wishes and new signature I'm going to give you advice. First off, realize it is HIS land to do with as he wants. You are a paying guest. Secondly, you have to be reasonable. Expecting him to lock up his critters every day of the season is unthinkable. Cattle have to feed and pasture. You're a guest. Work around them. Get off the pastures and in the woods. I don't think you should even consider the land lord wanting to shoot on his land as a breach of contract. I'd say he's the one exception to the rule. He can at any point he wants terminate your agreement I suspect. You have to learn to work WITH him, not find fault and fight with him.You didn't buy the land for Pete's sake. You're paying for the priviledge of hunting it. Farmers work long and hard hours. He has to do what he has to do when he has the time. If that means moving some equipment while you're on stand. Well just TOUGH. You say you have feeders set up you're hunting over. Put them off the beaten path. A feeder doesn't have to be in the middle of the mans pasture. Always practice LOW IMPACT MINIMUM INTRUSION. The guy doesn't want to see you driving through his yard 2 or 3 times a day. Surely there are other access routes that are less visual. Maybe the farmer said he'd pen his animals. Maybe he didn't understand you or you him, but his lively hood comes first and your pettiness about OUR LEASE OUR LEASE is the last thing he's worried about. You ask my opinion, you're just as wrong as you can be. You can't get in a bitching session with the owner and expect it to go your way. At a minimum you'll be given your walking papers as there are more people waiting in the wings to take your place. My advice, put yourself in his shoes. Follow a farmer for a couple days. You don't like it, you don't have to stay there.
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Old 09-17-2006 | 08:09 AM
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If I was going to shell out my part of $4500 to hunt a piece of land, I'd make DAYUM sure every single detail was spelled out with zero chance for misinterpratation. Sounds like this particular deal isn't going to get any better. See if you can get some money back and cut your losses. Better contract in the future.
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Old 09-17-2006 | 08:11 AM
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Reacher, that land owner sounds like a smacked ass. Live and learn.
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Old 09-17-2006 | 08:35 AM
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I have to agree with David on this one. It is the farmers land so therefore he can do whatever he wants unless it was specifically stated in the contract. Since the cattle were on the land and had to be tended daily,I'm assuming that he never intended to give you sole rights to the land. Think of it kind of as a guided hunt, except without the guide of course. Some of these hunts cost $1500 for a fews days. You're not gonna go in there and tell the guide or landowner that he can't let anyone else hunt for those few days because you paid are you? I will agree with you as far as being on the land too often. That to me is ridiculous. If I paid to hunt the land I would be on it as often as I would like. After all that is what you paid for. As far as the rut in the field is concerned I kind of agree with you and the farmer. I know it wasn't intentional but I think I'd be pissed off to with someone rutting up my fields. You should have offered to fix it. Fill in the dirt,sew some seed, no harm done. Just my opinion.
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Old 09-17-2006 | 08:38 AM
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ORIGINAL: davidmil

Against my better wishes and new signature I'm going to give you advice. First off, realize it is HIS land to do with as he wants. You are a paying guest. Secondly, you have to be reasonable. Expecting him to lock up his critters every day of the season is unthinkable. Cattle have to feed and pasture. You're a guest. Work around them. Get off the pastures and in the woods. I don't think you should even consider the land lord wanting to shoot on his land as a breach of contract. I'd say he's the one exception to the rule. He can at any point he wants terminate your agreement I suspect. You have to learn to work WITH him, not find fault and fight with him.You didn't buy the land for Pete's sake. You're paying for the priviledge of hunting it. Farmers work long and hard hours. He has to do what he has to do when he has the time. If that means moving some equipment while you're on stand. Well just TOUGH. You say you have feeders set up you're hunting over. Put them off the beaten path. A feeder doesn't have to be in the middle of the mans pasture. Always practice LOW IMPACT MINIMUM INTRUSION. The guy doesn't want to see you driving through his yard 2 or 3 times a day. Surely there are other access routes that are less visual. Maybe the farmer said he'd pen his animals. Maybe he didn't understand you or you him, but his lively hood comes first and your pettiness about OUR LEASE OUR LEASE is the last thing he's worried about. You ask my opinion, you're just as wrong as you can be. You can't get in a bitching session with the owner and expect it to go your way. At a minimum you'll be given your walking papers as there are more people waiting in the wings to take your place. My advice, put yourself in his shoes. Follow a farmer for a couple days. You don't like it, you don't have to stay there.
Wow did you make alot of assumptions.

I will quibble with your term guest. After paying, that makes me a Customer.

As far as the cows go. We didn't mind them being in the field at all. As I said earlier, they were grazing on the game trails. I should have noted that the game trails were not on any field but far back in the woods. We had a couple of tree stands and bow blinds far off the trail. We did have rifle stands on the fields, but our feeders were just on the other side of the fences so the cows could not get to them and they weren't in the way if he did need to do something with the field. (read: LOW IMPACT MINIMUM INTRUSION) Another note, he had about 75 acres of grazing land that he could have used that had electric fense and was nowhere near our hunting area.

While I understand that he must make a living, I also need to point out that the entire time we were there, he planted no crops whatsoever. If he was actively farming that land, we would have never leased with him in the first place.

As far is driving through his driveway, we weren't. In fact, we have no idea where he lived. There was a condemned shack on the land with no floors and no roof, other than that, there were no buildings at all.

If he has other pasture land and isn't actively farming the land we are using, I expect him to respect it as hunting land and treat it as such. We paid alot of money and put alot of work into that land to make our hunts successful.

We consulted him before we put up some of our stands and blinds specifically because we were worried about the cows. There was no misunderstanding. He was aware of everything we did.

Another note. His identifying that he saw my footprints all over his land lets me know that he has also walked the land after we left. I don't know how you guys feel about it, but I want to do my initial scouting and then place my stands and then get the hell out till it's time to hunt. I want the deer as comfortable as possible.

This was our very first deer lease and since my buddy bought some land and is building a lodge, it is most likely our last one. If, however, I ever do get a lease again, I will make sure that what we are expected to do and what the landowner is expected to do are very clearly defined.

We didn't so much mind him hunting the land when we weren't there, but when you come back to your blind and find that trash and casings you didn't put there, it's a bad feeling.

EDIT: As far as the rut goes. As I stated earlier, it was on the edge.. the very edge of the field. It was in the tracks of where the farmer himself drove. It was not in the field itself. (the unused field) We called him to make him aware of it and did offer to fix it when we came back. He told us not to worry about it and then later complained to the contracting agent about it. I thought it was rather two-faced of him.
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