Main Menu
Advertisement
Affiliates
Advertisement
Newest Members
GuyR, Ahornet55, Hunter307, Desmo, tripntx
60489 Registered Users
Top Posters
dogcatcher 77572
stxranchman 52092
RWH24 44568
rifleman 43790
BOBO the Clown 41127
BMD 40539
Big Orn 37484
txshntr 33685
bill oxner 32692
sig226fan (Rguns.com) 30575
facebook
Forum Stats
60489 Members
45 Forums
476342 Topics
6248773 Posts

Max Online: 16728 @ 03/25/12 08:51 AM
Topic Options
#5734040 - 05/07/15 09:21 PM Lease Contract Question when land is for sale
BlackSnake Offline
Pro Tracker

Registered: 11/27/07
Posts: 1190
Loc: Denton County, Texas
Can someone provide me a paragraph to add to our current contract that will protect our full year agreement that we payed for if the land we hunt sells? I sure would appreciate it. Thank you in advance.
_________________________


Top
#5734109 - 05/07/15 10:00 PM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
DUKFVR Offline
Woodsman

Registered: 11/02/09
Posts: 129
Good Luck with that. Hope the LO will agree to that. Most don't when property is for sell. Could be a turn off for prospective buyers. What we were able to negotiate on our lease that was for sale was a pro rate deal if sold. We would get money back for any days that were left if the land sold.

Top
#5734282 - 05/08/15 12:52 AM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
Txduckman Offline
THF Celebrity

Registered: 08/30/04
Posts: 11720
Loc: Big D
Realtor should easily be able to add it. Contingency is you get a pro rated refund if they don't want to honor it for the full contract. Do you have a written contract for the lease currently or just a handshake?

Top
#5734345 - 05/08/15 06:44 AM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
don k Online   content
THF Trophy Hunter

Registered: 08/27/08
Posts: 9302
Loc: Bandera, Tx
Good luck. Your lawyer fees would probably be more than you could probably get back. Your best bet is to stay away from any property that may be sold while you are leasing it. That or take the chance and not worry about getting thrown off if it does sell.
_________________________
http://www.ibexgoats.com/home.html

Top
#5734636 - 05/08/15 10:01 AM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
Stick-n-String Offline
Tracker

Registered: 02/20/06
Posts: 607
You will not get that from any property owner that is selling if they actually want to sell. And even if they did, that would be a contract between you and current owner and not the new owner. The prorated deal is the best in this situation.

Top
#5734637 - 05/08/15 10:02 AM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
BlackSnake Offline
Pro Tracker

Registered: 11/27/07
Posts: 1190
Loc: Denton County, Texas
All true, but prorate will not work for us since our dues start April 1st. If they cut us out August 1st then we have done all the hunting prep with getting no hunting in. True lawyer fees would out weigh what's it's worth to fight, but it does offer some comfort to our hunters.
_________________________


Top
#5734788 - 05/08/15 11:53 AM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
Flock Knocker Offline
Bird Dog

Registered: 01/27/14
Posts: 374
Loc: Ellis Co.
The problem your going to run into is that your lease contract is between the current land owner and your hunting party. Once the property is sold that lease contract is voided because the previous owner no longer has rights to the land. It is possible to transfer a lease to the new owner but that will have be agreed upon by both the buyer and seller. Then your hunting party will have to sign an estoppel agreement transferring the lease to the new owner.

The only protection you will probably be able to give you and your hunting party is to either have a prorate agreement in there. Or break it up into dollar amounts per date. For example if property is sold and contract is voided on or before August 1st you get 100% of your lease refunded, November 1st 75% and January 1st 25%. Like said above both parties will have to agree to lease terms, so it is up to the land owners discretion and what risk your hunters are willing to take for this lease.
_________________________
Stop Searching and Start Hunting!
www.THREECURL.COM
Follow us on Facebook and Instagram @ Three Curl Outfitters
Guided Duck, Dove, Goose, Hog, Varmint Hunts
Season and Annual Leases available

Top
#5734840 - 05/08/15 12:51 PM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
tigger Online   sleepy
Extreme Tracker

Registered: 03/24/07
Posts: 4499
Loc: Round Rock, Texas
You can sure mess up the closing. I had a 3 year lease with a big ranch a few years ago that renewed at the end of the 2nd year. So in effect we had a 3 year lease that renewed every 2 years. Ranch sold, and they ask we vacate. We said sure buy out our lease. Make a long story short they bought out the 2 remaining years on lease. I would file a copy of your lease at county records. What you have is no different then a lease on a commercial building and you are entitled to compensation for giving up something you have a legal right too. The Hunting for 1 year.
_________________________
Tigger
If it isn't white it is not a birddog.

KC
Lying is lying. Don't bitch about one doing it and condone another. That's called hypocrisy.
_________________

Top
#5734902 - 05/08/15 01:32 PM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
JTS Online   content
Bird Dog

Registered: 12/06/12
Posts: 317
Loc: Wichita Co.
This is a good thread. I like the prorated idea. Full refund if it sells before deer season begins, 50% refund if it sells before Christmas, 25% refund if it sells before the end of Turkey season.

Top
#5735740 - 05/09/15 02:29 AM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
John Humbert Offline
Pro Tracker

Registered: 12/13/10
Posts: 1631
I hope you can get some clause added - good luck on that. Not to be a negative nancy, but I bet more than 90% leases don't have such a clause. You pays your monies and you takes your chances. I hear of dozens of stories every year where guys who have leases - sometimes for many, many years - lose them when the property sells. And while it may occur, I personally have NEVER heard of a new buyer honoring a previous lease - even if it is the day before season starts (unless the new owner is part of the same family). It seems that new owners are always eager to hunt the property that they just spent a ton of money on. smile

You want to be sure not to be kicked off - buy your own piece of dirt.

Not to be rude, but it constantly amazes me the folks that pay a few thousand dollars to hunt a property that is ofter $500K to $1M want all sorts of rights and guarantees over the land owner. All sorts of LO's - from genuine Saints to downright Satans - but when it comes down to it, right or wrong, saint or satan, the land owner is gonna prevail and get or do want he wants - no matter what a piece of paper says.

To me - and this is just me personally - leasing is not about a "contract" - it is an opportunity to build a relationship. You establish a good relationship with the rancher, his land, and his family - and you will be treated fairly, no matter what a paper says. You fail to build a relationship, and when things happen, your paper is no better than TP.

Top
#5735822 - 05/09/15 07:58 AM Re: Lease Contract Question when land is for sale [Re: John Humbert]
TTUGrad08 Offline
Tracker

Registered: 07/13/08
Posts: 820
Loc: TEXAS!
Originally Posted By: John Humbert
I hope you can get some clause added - good luck on that. Not to be a negative nancy, but I bet more than 90% leases don't have such a clause. You pays your monies and you takes your chances. I hear of dozens of stories every year where guys who have leases - sometimes for many, many years - lose them when the property sells. And while it may occur, I personally have NEVER heard of a new buyer honoring a previous lease - even if it is the day before season starts (unless the new owner is part of the same family). It seems that new owners are always eager to hunt the property that they just spent a ton of money on. smile

You want to be sure not to be kicked off - buy your own piece of dirt.

Not to be rude, but it constantly amazes me the folks that pay a few thousand dollars to hunt a property that is ofter $500K to $1M want all sorts of rights and guarantees over the land owner. All sorts of LO's - from genuine Saints to downright Satans - but when it comes down to it, right or wrong, saint or satan, the land owner is gonna prevail and get or do want he wants - no matter what a piece of paper says.

To me - and this is just me personally - leasing is not about a "contract" - it is an opportunity to build a relationship. You establish a good relationship with the rancher, his land, and his family - and you will be treated fairly, no matter what a paper says. You fail to build a relationship, and when things happen, your paper is no better than TP.


Well said!
_________________________

Top
#5735965 - 05/09/15 10:21 AM Re: Lease Contract Question when land is for sale [Re: BlackSnake]
dgilbert Offline
6 pack abs

Registered: 09/04/04
Posts: 18716
I wouldn't be getting on the lease if I knew it was for sell, I a sure you the landowner is going to void any contract to sell the land, something written or not. Not worth your money taking him to court.

Top
#5736058 - 05/09/15 11:48 AM Re: Lease Contract Question when land is for sale [Re: John Humbert]
BlackSnake Offline
Pro Tracker

Registered: 11/27/07
Posts: 1190
Loc: Denton County, Texas
Great points. Thank you sir

Originally Posted By: John Humbert
I hope you can get some clause added - good luck on that. Not to be a negative nancy, but I bet more than 90% leases don't have such a clause. You pays your monies and you takes your chances. I hear of dozens of stories every year where guys who have leases - sometimes for many, many years - lose them when the property sells. And while it may occur, I personally have NEVER heard of a new buyer honoring a previous lease - even if it is the day before season starts (unless the new owner is part of the same family). It seems that new owners are always eager to hunt the property that they just spent a ton of money on. smile

You want to be sure not to be kicked off - buy your own piece of dirt.

Not to be rude, but it constantly amazes me the folks that pay a few thousand dollars to hunt a property that is ofter $500K to $1M want all sorts of rights and guarantees over the land owner. All sorts of LO's - from genuine Saints to downright Satans - but when it comes down to it, right or wrong, saint or satan, the land owner is gonna prevail and get or do want he wants - no matter what a piece of paper says.

To me - and this is just me personally - leasing is not about a "contract" - it is an opportunity to build a relationship. You establish a good relationship with the rancher, his land, and his family - and you will be treated fairly, no matter what a paper says. You fail to build a relationship, and when things happen, your paper is no better than TP.
_________________________


Top



© 2004-2016 OUTDOOR SITES NETWORK all rights reserved USA and Worldwide