EasternIowaFarmer_Fall2023

HUNTING LEASES
land for recreational purposes without
charge. If the landowner charges a fee
(through a hunting lease, for example),
the landowner will then owe a higher
degree of care to ensure the property is
safe for use.
This duty includes ensuring the premises
are safe and there are warnings about
dangerous conditions. For example, a
landowner may be liable for resulting
injuries if a hunter steps in a large hole
on the property and breaks his leg or
accidentally discharges his gun if the
landowner did not adequately warn the
hunter about the risks. Although a waiver
of liability may serve to offset this risk
for adult hunters, it is important for landowners
to discuss potential hunting leases
with both their insurer and legal counsel
to protect against unwanted lawsuits.
The second exception from liability
protection is when the landowner
willfully or maliciously fails “to guard
or warn against a dangerous condition,
use, structure, or activity.” Iowa Courts
have not created a legal test for what
constitutes willful or malicious action
under this statute, but they have provided
some guidance. A person acts willfully
or maliciously when it is proven they had
an intent to harm or acted indifferently to
a very obvious harm. This is why it may
be a good idea to have a potential hunter
sign a specific liability waiver acknowledging
the unavoidable risks of hunting
and uneven terrain, even if they are not
being charged to hunt. If an accident or
event occurs, this waiver would be used
to show that the landowner attempted to
inform the hunter of potential harms.
Hunting Lease Provisions
Most hunting leases are not actually
leases at all, but licenses. A license, as
opposed to a lease, is a private grant of
right to use real property for a particular
purpose. As such, a hunting lease
offers contractual rights, not an estate in
real property. In other words, the parties
do not take on an actual landlord-tenant
relationship, and the landowner is not
subject to burdensome landlord-tenant
statutory provisions. The parties’ relationships
to each other are defined and bound
by the terms of their contract.
Although an oral agreement for a term
of one year or less would be legally enforceable,
it is advisable to have a written
hunting lease. It is also important to seek
legal counsel to draft such a lease to ensure
that the specific needs of the parties
are met.
In general, however, a hunting lease
should include the following provisions:
Clear Identity of the Parties
A hunting lease should clearly identify
by name the persons entitled to hunt under
the agreement. It should state whether
the party to the lease can bring guests
onto the property, if and how they can
transfer the lease to another, and whether
children under the age of 18 are allowed
to hunt or accompany adult hunters on
the land. Consider requiring a hunter to
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