WI land lease question
11-30-2007, 09:37 PM
#1
Thread Starter
Join Date: Nov 2007
Location:
Posts: 19
WI land lease question
First off I tried to do a search but everytime I try to do a search on this site I get the "thanks for playing, but you get nothing" message, if anybody could give me pointers on searchingthis sitethat would be great!
Now on to my question...I have a friend that has 80-120 acres and we want to lease some or all of it (4 people) but neither party knows quite how to proceed. They've never leased any land out and I've never leased land. I was wondering if there is some kind of "going rate" for leased land?
If anyone can help put us in the ballpark as far as cost goes that would be great. We were also wondering if anything needs to be done as far as liability goes? Any and all help would be appreciated, we want to put something together by the spring so we can put stands up ASAP...Thanks!
Now on to my question...I have a friend that has 80-120 acres and we want to lease some or all of it (4 people) but neither party knows quite how to proceed. They've never leased any land out and I've never leased land. I was wondering if there is some kind of "going rate" for leased land?
If anyone can help put us in the ballpark as far as cost goes that would be great. We were also wondering if anything needs to be done as far as liability goes? Any and all help would be appreciated, we want to put something together by the spring so we can put stands up ASAP...Thanks!
12-01-2007, 12:22 PM
#2
Typical Buck
Join Date: Feb 2003
Location: Helenville WI USA
Posts: 900
RE: WI land lease question
The average going rate for lease land in Wisc. is about $10 per acre... That goes up more than double if its Buffaly county. You can and should have a contract. The contract should state that you have sole hunting rights. You may want to add a 1st right of refusal clause that would give you the right to match or beat any future offers. You may want a long term contract, and agree to raise the paqyment a certain percentage each year the contract is good for. You may want to clarify if anybody else will be useing the land for other purposes that may negitively affect your hunting.
Most landowners will also require insurance, because once money changes hands, safety liability falls back onto the land owner.
Most landowners will also require insurance, because once money changes hands, safety liability falls back onto the land owner.
12-04-2007, 10:04 AM
#5
Spike
Join Date: Feb 2003
Location: Wisconsin, USA
Posts: 55
RE: WI land lease question
Wisconsin statute § 895.52
The recreational immunity statute is found at § 895.52, Wis. Stat. It provides in part that no owner owes to any person who enters the owner's property to engage in a recreational activity:
1) a duty to keep the property safe for recreational activities;
2) a duty to inspect the property; or
3) a duty to give the warning of an unsafe condition, use or activity on the property. No owner is liable for any injury to a person engaging in a recreational activity on the owner's property. The phrase "recreational activity" is statutorily defined very broadly. Recreational activity means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure. Examples of recreational activities are hunting, camping, bicycling, hiking, sledding, water sports. The statute attempts to include any outdoor sport, game or educational activity except organized team sport activities sponsored by the owner of the property. Exceptions to immunity There are exceptions to landowner immunity. The private property owner is not immune if:
[*]he/she collects money, goods or services in payment for the use of the owner's property for the recreational activity and the aggregate value of all payments exceeds $2,000;
[*]injury is caused by the malicious failure of the private property owner to warn against an unsafe condition on the property of which the owner had knowledge or malicious act of the owner;
[*]the injured party is a social guest who has been expressly and individually invited by the private property owner for the specific occasion during which the injury occurs;
[*]and the injury is sustained by employee of private property owner acting within the scope of his or her duties. [/ol]
The liability of the state is not limited if the owner charges an admission fee for spectators and for a malicious act or by a malicious failure to warn against a known unsafe condition.
Just make sure both yourself and the property owner are carrying proper insurance.
The recreational immunity statute is found at § 895.52, Wis. Stat. It provides in part that no owner owes to any person who enters the owner's property to engage in a recreational activity:
1) a duty to keep the property safe for recreational activities;
2) a duty to inspect the property; or
3) a duty to give the warning of an unsafe condition, use or activity on the property. No owner is liable for any injury to a person engaging in a recreational activity on the owner's property. The phrase "recreational activity" is statutorily defined very broadly. Recreational activity means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure. Examples of recreational activities are hunting, camping, bicycling, hiking, sledding, water sports. The statute attempts to include any outdoor sport, game or educational activity except organized team sport activities sponsored by the owner of the property. Exceptions to immunity There are exceptions to landowner immunity. The private property owner is not immune if:
[*]he/she collects money, goods or services in payment for the use of the owner's property for the recreational activity and the aggregate value of all payments exceeds $2,000;
[*]injury is caused by the malicious failure of the private property owner to warn against an unsafe condition on the property of which the owner had knowledge or malicious act of the owner;
[*]the injured party is a social guest who has been expressly and individually invited by the private property owner for the specific occasion during which the injury occurs;
[*]and the injury is sustained by employee of private property owner acting within the scope of his or her duties. [/ol]
The liability of the state is not limited if the owner charges an admission fee for spectators and for a malicious act or by a malicious failure to warn against a known unsafe condition.
Just make sure both yourself and the property owner are carrying proper insurance.
12-04-2007, 06:33 PM
#6
Thread Starter
Join Date: Nov 2007
Location:
Posts: 19
RE: WI land lease question
I'm no lawyer but it appears that if I pay less than $2000.00 (which I will) to lease this land, the land owner is not liable for any injurythat may occur whilewe're on the property...unless I fall down a mine shaft they didn't tell me about
. Thanks for that input, we needed to know that.
. Thanks for that input, we needed to know that.
