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Landowner vs. leased farm land

SuspensionSuspension Member Posts: 4,783
Something BigEd said in another past made me wonder about this. My family, including my father, brother, nephew, and myself plus another man have had permission to hunt a property since I began hunting. My dad grew up on an adjacent farm and has hunted this farm since he was in school (he's now in his 60's). Every year the landowner gives us all written permission slips, which is required here in Ohio. For the last 4 maybe 5 years a local farmer has been leasing the fields on this farm. He gives permission to a group of hunters who come in only for shotgun season each year. Who actually has authority to give out hunting permission for this property? I would think the landowner, but the farmer is paying for rights to this property so I'm not sure.

Comments

  • salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    The owner of te land might not be aware of the fact that the farmer is allowing people to use his property.
    I would approach the owner, ask him if he has given anyone else permission to hunt there. If he says no, ask him what you should do when you see other hunters on his property.
    Or, if you know the land owner real well, ask him straight out if the farmer is allowed to lease out his property for hunting.A lease to use the land for farming does not give the farmer the right to hunt the land, or let anyone else hunt the land.

    Up until a few years ago, I hunted property that was leased out to farmers. The owner told me that NO ONE was allowed to hunt there, incl;uding the person who was leasing. He told me to kick ANY hunters off the property.
    I was hunting there one day, the pfarmer leasing he land saw me, drove over to me, and started raising holy hell that I was there. I told him I had permission to hunt. He said that he never gave me permission-I told him I didnt need his permission, that I had the land owners permission. He then told me he was the land owner, I told him he was full of snot, and I walked away.

    "Waiting tables is what you know, making cheese is what I know-lets stick with what we know!"
    -Jimmy the cheese man
  • fishermanbenfishermanben Member Posts: 15,370
    edited November -1
    It depends on the contract; however most contracts will state that the leaseholder has no right to grant others any permission to be on the property that extends beyond farming. Also, he would probably only be leasing the farm land, not the woods.
    Ben

    "The real art of conversation is not only to say the right thing at the right time, but also to leave unsaid the wrong thing at the tempting moment."
  • SuspensionSuspension Member Posts: 4,783
    edited November -1
    The landowner is very old and he knows this guy gives out permission to others but I believe he isn't one to confront someone about that. I was just wondering for my own information if they had more right to be there than I do. I've never had any of them confront me, but just in case they decide to sometime I wanted to know.
    The farmer actually changed the locks on the gate once he knew I was given a key to it. I just walk know or drive through another property that adjoins it.

    NRA Life Member ---"A pocket knife, a clean hankey, and a pistol... things I can use." - Ted Nugent
  • ENOS29ENOS29 Member Posts: 699 ✭✭✭✭
    edited November -1
    As far as I have ever been told around here in central Illinois that it was the farmer that has the say! But I'll say one thing around here more ground is being taken by the university and I gives you something to think about![xx(] I do have permission to drive on a feild that they have but nothing would be told about hunting since we all should know the answer to that one![V]

    BAG IT. TAG IT. EAT. SLEEP. REPEAT..
  • BigEdBigEd Member Posts: 48 ✭✭
    edited November -1
    We have alot of verbal leases with an "understanding" that the tenant (the leaseholder) has the authority to grant permission to trespass (there are differing levels of trespassing). Ben is right about the contract, it would be the final ruling in a disagreement. The state is kinda vague about who to ask for permission or at least they don't publish it clearly in their reg books. They do emphasize that permission is required whether the land is posted or not.
  • SuspensionSuspension Member Posts: 4,783
    edited November -1
    thanks for the help guys!

    NRA Life Member ---"A pocket knife, a clean hankey, and a pistol... things I can use." - Ted Nugent
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