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contracts and leases
#5237108
08/06/14 12:19 AM
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Joined: Aug 2010
Posts: 911
samsamthemex
OP
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OP
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Joined: Aug 2010
Posts: 911 |
before i give my money to a total stranger for a lease should i be asking for a contract,?? what is the norm for deer leases? contracts word of mouth, handshakes??
so beofre i fork all this money over what protects me???
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Re: contracts and leases
[Re: samsamthemex]
#5237173
08/06/14 12:47 AM
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Joined: Oct 2007
Posts: 11,573
dlrz71
THF Celebrity
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THF Celebrity
Joined: Oct 2007
Posts: 11,573 |
There definately needs to be something in writing.
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Re: contracts and leases
[Re: samsamthemex]
#5237174
08/06/14 12:47 AM
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Joined: Dec 2004
Posts: 683
TGalyon1
Tracker
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Tracker
Joined: Dec 2004
Posts: 683 |
#1 Make sure he is the owner or is the owner agent and who will have hunting rights on the land.
I just got on a new lease and I did ask the questions above first thing. We do have a contract but it not worth the paper it righten on if he decide to break it. But if I break may side I am off. I dont have the money for a lawyer.
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Re: contracts and leases
[Re: TGalyon1]
#5237463
08/06/14 02:40 AM
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Joined: Jul 2013
Posts: 7,179
therancher
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jul 2013
Posts: 7,179 |
A contract is a great idea
Crotchety old bastidge
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Re: contracts and leases
[Re: samsamthemex]
#5237517
08/06/14 03:05 AM
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Joined: Oct 2009
Posts: 10,496
Halfadozen
THF Celebrity
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THF Celebrity
Joined: Oct 2009
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I have a standard contract that I use. Protects the landowner first and foremost, but have an addendum to the lessees that give them their rights based on LO rules. This is a contract originally drawn up by TAMU attorneys for LO and time tested. As long as LO signs the Addendum with lessee rights and is notarized by both parties you are good to go. Even in the event of sale of the land during your lease period. Happy to share with you, just PM me..
Freedom is a fragile thing ...Those who have known freedom, and then lost it, have never known it again. -- Ronald Reagan
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Re: contracts and leases
[Re: samsamthemex]
#5239544
08/07/14 02:41 AM
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Joined: Feb 2010
Posts: 2,484
BowSlayer
Veteran Tracker
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Veteran Tracker
Joined: Feb 2010
Posts: 2,484 |
Are you prepared to spend more on a lawyer than you paid for the lease? If not why bother? If the LO wants you off his property you're gone. I have been on leases with contracts and without. One of them sold some property and gave us the boot and I was told it would cost more than I paid the guy to get my money back. Last one I leased with a handshake.
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Re: contracts and leases
[Re: samsamthemex]
#5239639
08/07/14 03:40 AM
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Joined: Sep 2010
Posts: 35,853
txshntr
T-Rex Arms
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T-Rex Arms
Joined: Sep 2010
Posts: 35,853 |
Most contracts are worth the paper they are written on. Like was said above, getting your money back after a breach of contract can be a pretty big ordeal and cost a lot in lawyer fees. The benefit is mainly for the landowner and their protection, not the hunter as much. The benefit is that the expectations from both sides can be laid out until a relationship can be established. Most landowners are good as their word, but a little research and some post on here about landowners and agents screwing hunters will make it pretty clear not everyone holds the same standards.
Do what you feel is needed and makes both parties comfortable.
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Re: contracts and leases
[Re: samsamthemex]
#5239807
08/07/14 08:58 AM
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Joined: Apr 2011
Posts: 29,010
Western
THF Celebrity
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THF Celebrity
Joined: Apr 2011
Posts: 29,010 |
If you have a good contract as Halfadozans has, then you have small claims court with nominal cost. A contract for a hunter may not be worth much, but worth more than nothing.
If at first you dont succeed, then skydiving is not for you..
"Don't trust everything you read on the Internet"- Abraham Lincoln Dennis
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Re: contracts and leases
[Re: samsamthemex]
#5239845
08/07/14 10:52 AM
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Joined: Aug 2010
Posts: 911
samsamthemex
OP
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OP
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Posts: 911 |
Well after talking to the land manager? I will sign a lease agreement.
I knew that a contract isn't worth much for the leasee mostly want something in righting giving me permission to be on the land.
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Re: contracts and leases
[Re: samsamthemex]
#5240516
08/07/14 06:09 PM
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Joined: Oct 2008
Posts: 1,830
Grosvenor
Pro Tracker
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Pro Tracker
Joined: Oct 2008
Posts: 1,830 |
If you want any chance of enforcing your rights and remedies as a lessee, you need a written lease. If you're leasing for more than a year, an unwritten lease is entirely unenforceable under the statute of frauds.
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Re: contracts and leases
[Re: samsamthemex]
#5240597
08/07/14 07:05 PM
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Joined: May 2006
Posts: 6,262
RICK O'SHAY
THF Trophy Hunter
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THF Trophy Hunter
Joined: May 2006
Posts: 6,262 |
One thing I've learned from watching Judge Judy, you'd better have something in writing!
For more than 15 yrs we've always just had a verbal agreement with our LO, just last year she came up with a contract mainly pretaining to "hold harmless" in case someone got hurt we couldn't sue her.
One thing for certain though we always get a receipt for payment.
DISCLAIMER ATTENTION: Your decision should NEVER be based SOLELY upon my advice, recomendation, or opinion.
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