Lease Contract Question when land is for sale

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.

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.

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?

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.

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.

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.

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.

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.

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.

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.

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!

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.

Great points. Thank you sir