Who owns the hunting rights on rented farmland? In many cases, renting farmland for agricultural purposes does not automatically give the farm tenant the right to hunt or allow others to hunt. Hunting rights may remain with the landowner, but the farm lease and applicable state law should always be reviewed.
This is an important question for landowners, farm tenants, hunters, and anyone considering buying or selling rented farmland.
A cash rent or crop-share agreement may give a tenant the right to use the land for agricultural purposes, but that does not necessarily mean the tenant controls every use of the property.
Does a Farm Tenant Automatically Get Hunting Rights?
Not necessarily.
A farmland lease should explain what rights are being granted to the tenant. An agricultural lease may give the tenant the right to plant, harvest, and manage crops without specifically granting hunting or recreational rights.
However, every lease is different.
Some leases specifically state that the landowner retains all hunting and recreational rights. Others may grant certain recreational rights to the tenant. An informal or verbal farm lease can make the issue less clear.
That is why both landowners and tenants should understand what the lease says before hunting or giving someone else permission to hunt.
Can a Landowner Hunt on Rented Farmland?
Potentially, but the lease should be reviewed first.
A landowner may retain hunting rights while leasing the agricultural use of the farm to a tenant. However, the landowner also needs to consider the tenant’s right to use the property for farming.
Hunting activity should not interfere with farming operations, damage crops, disrupt livestock, block field access, or create unnecessary safety concerns.
A well-written lease can help establish expectations before problems occur.
Can a Tenant Give Someone Permission to Hunt?
A farm tenant should not assume that an agricultural lease gives them the authority to grant hunting permission to someone else.
If hunting rights were not included in the lease, the tenant may not have the authority to transfer or grant those rights.
For example, a farmer renting 160 acres to grow corn and soybeans should not automatically assume that the farm lease also gives them the right to invite friends to deer hunt.
The lease terms matter.
Can a Landowner Lease the Hunting Rights Separately?
Depending on the existing farm lease and applicable law, hunting rights may be handled separately from agricultural use.
For example, a landowner could potentially have:
- A farmer renting the tillable acres
- A separate person or group with hunting permission
- The landowner retaining certain recreational rights
This can be especially relevant for farms that combine productive cropland with timber, creek corridors, wetlands, CRP, or other wildlife habitat.
Before entering separate agreements, the landowner should make sure the agreements do not conflict with one another.
Why Should Hunting Rights Be Addressed in a Farm Lease?
Clearly addressing hunting rights can prevent disagreements later.
Without clear language, questions can arise such as:
- Can the tenant hunt?
- Can the tenant’s family hunt?
- Can the landowner hunt?
- Can the landowner give other people permission?
- Can hunting rights be leased separately?
- Who can place tree stands or blinds?
- Who is responsible for property damage?
- Can vehicles or ATVs be used on the farm?
- What happens if hunting interferes with farming?
Even when the landowner and tenant have a good relationship, putting expectations in writing can protect both parties.
Do Hunting Rights Affect Farmland Value?
They can.
For highly productive farmland, agricultural value may be the primary driver of the property’s price. However, recreational characteristics can add another layer of buyer interest.
A property with timber, water, wildlife habitat, CRP, or strong deer and turkey populations may attract recreational buyers in addition to farmers and investors.
That additional buyer pool can be important when marketing the property.
A farm does not necessarily have to be a traditional hunting property for recreational features to have value.
What Happens to Hunting Rights When Farmland Is Sold?
When rented farmland is sold, the existing farm lease and any separate hunting or recreational agreements should be reviewed carefully.
A buyer needs to understand what agreements are already in place and when they expire.
Before marketing the property, a seller should gather copies of:
- Farm leases
- Hunting leases
- Recreational agreements
- Easements
- CRP or conservation agreements
- Other agreements affecting use of the land
Providing this information early helps potential buyers understand exactly what they are purchasing.
Can You Sell Farmland During Hunting Season?
Yes.
Farmland can be sold at any time of year, including during hunting season.
If people currently have permission to hunt the property, however, sellers should make their real estate professional aware of those arrangements.
This becomes especially important when agents, photographers, appraisers, surveyors, or potential buyers may be walking the property.
Communication and safety should be priorities.
Should Hunting Rights Be Mentioned When Selling Farmland?
If recreational use is an important feature of the property, it may be worth highlighting.
For example, a farm with productive tillable acres plus timber and wildlife habitat may appeal to several different types of buyers.
One buyer may see an income-producing farm.
Another may see an opportunity to expand an existing farming operation.
Another may value the combination of farmland investment and hunting opportunities.
Good farmland marketing identifies all of the property’s important characteristics rather than focusing on acreage alone.
What Should Landowners Do Before Renting Out Hunting Rights?
Before entering into a separate hunting arrangement, review the existing farm lease and speak with an attorney if there is any uncertainty.
Landowners should also consider issues such as:
- Insurance
- Liability
- Access
- Parking
- Gates
- Tree stands and blinds
- ATV or UTV use
- Livestock
- Crop damage
- Length of the agreement
- Number of hunters
- Guests
- Written permission requirements
Putting expectations in writing can reduce the chance of misunderstandings.
Frequently Asked Questions About Hunting Rights on Rented Farmland
Who has hunting rights on rented farmland?
It depends on the lease and applicable law. An agricultural lease does not necessarily mean the tenant automatically receives hunting rights. Review the specific agreement before making assumptions.
Can a farmer hunt land they cash rent?
Possibly, but the answer depends on the lease and other applicable rights. A farmer should not assume that cash renting farmland automatically includes permission to hunt.
Can a landlord hunt farmland that is rented to a farmer?
Possibly, particularly if the landowner retained hunting rights, but the farm lease should be reviewed. The landowner should also avoid interfering with the tenant’s agricultural use of the property.
Can hunting rights be rented separately from farmland?
They potentially can be, provided doing so does not conflict with the agricultural lease or other agreements affecting the property.
Should hunting rights be included in a farm lease?
Clearly stating who controls hunting and recreational use can help prevent future disputes between landowners and tenants.
Know What Your Farmland Lease Actually Includes
When farmland is rented, it is important for both the landowner and tenant to understand who has the hunting rights on the rented farmland.
Do not assume that an agricultural lease automatically answers the question.
Review the written lease, understand what rights were granted or retained, and speak with an attorney when there is uncertainty.
For landowners considering selling a rented farm, these details can also matter when preparing the property for market. Buyers will want to know about existing leases, possession, recreational rights, and any other agreements that could affect their use of the land.
At Whitaker Marketing Group, we work with farmland owners throughout Iowa and the Midwest to evaluate and market agricultural, recreational, and investment properties. Understanding all of the rights and uses associated with a property helps us present the farm clearly to potential buyers.
Land is our Brand.
