Amid ongoing market volatility, some producers may be exploring additional income opportunities, including leasing hunting access. This often raises an important question: Who holds the hunting rights when land is leased?
For written cropland or pasture leases, hunting rights can be specifically addressed in the lease agreement. If the lease does not reserve those rights to the landowner, they generally belong to the tenant for the duration of the lease.
The same is typically true for verbal cropland leases. Unless the parties agree otherwise, hunting rights usually default to the tenant because the tenant has the right to possess and use the property during the lease term, including the right to exclude others, even the landowner.
Verbal grazing and pasture leases are somewhat different. Because many of these leases end before hunting season begins, hunting rights often return to the landowner once the lease expires. However, if a verbal grazing lease remains active during hunting season, hunting rights generally belong to the tenant for the duration of the lease unless the parties have agreed otherwise. Landowners do not automatically retain hunting rights simply because they own the property.
Written leases are the best option to avoid misunderstandings, landowners and tenants should clearly address hunting rights when negotiating lease terms and review applicable Nebraska law regarding verbal cropland and pasture leases. — Shannon Sand, Nebraska Extension
