Land Owner Liability in Hunting Lease Arrangements

Land Owner Liability in Hunting Lease Arrangements Land leases for hunting clubs and individual hunting groups are structured in such a way as to clearly define terms and conditions, land use parameters, and the types of animals that can be hunted in their various seasons. A typical land lease also includes a release and indemnification clause designed to limit the amount of liability risk a landowner is exposed to. However, such a clause does not eliminate liability entirely. Common law in the U.S. establishes that both parties in a land lease scenario assume a measure of liability whenever the leased property is being used. Most of the liability falls on the lessee inasmuch as the person will be responsible for his/her own actions and those of his/her guests. A lesser amount of liability is laid at the feet of thelandowner. Land Owner Responsibilities A landowner leasing out land to hunters has certain legal responsibilities in the same way a restaurant owner has certain responsibilities relating to his/her property. It comes down to the landowner taking reasonable steps to make sure the property in question is free of potential hazards. Meeting this responsibility may include some of the following: x Inspections ʹThe law generally recognizes a landowner͛Ɛ responsibilityto routinely inspect the property for potential hazards. For example, trees severely weakened by a recent storm could pose a risk to hunters if they are on the verge of falling.