By Lydia Truitt, Attorney at Law
Adams County is home to an abundance of diverse flora and fauna, including a thriving whitetail deer population that continues to captivate local and out-of-state hunters alike. If you own prime hunting real estate, you’ve probably been approached by some hopefuls looking to score big on your property.
Letting others hunt whitetail on your property can be a great way to manage deer population and share beloved local traditions – and, if you’re lucky, get some homemade jerky when it’s all said and done! But, before you hand over permission, it’s important that you make yourself aware of the legal side of things to save the season from unnecessary stress.
1. Post and Mark Your Property Clearly While not technically required by law, posting “No Trespassing” or “Hunting by Permission Only” signs on your property can help prevent unauthorized access and reinforce your authority over who hunts on your land. Clear markers help to ward off the “oops, I didn’t know” hunter. This is a simple, easy, low-cost method of protecting your property from unwanted guests.
2. Written Permission In Ohio, it is a requirement that any person hunting on private property obtain signed and dated permission in writing from the landowner. The Ohio Department of Natural Resources (ODNR) offers a basic permission form that covers the bare minimum needed to stay compliant. That said, the ODNR form is extremely basic and provides little protection for the landowner. For example, it doesn’t specify what type of game is to be hunted or how it may be hunted. What if you allow someone onto your land with the intention of letting them coyote hunt, but instead they kill the buck you’ve been waiting for and watching for years? The same goes for hunting methods. If you’d prefer only bow-hunting, there’s no place to clarify that on the ODNR form. And what about exclusivity? If you have multiple people claiming that you’ve promised they can hunt on your land, how do you figure out who all actually has the right to hunt? Put it in writing! The ODNR form, or any other “permission slip” scribbled on a piece of notebook paper does not give the landowner much recourse for these issues when they arise. If you’re serious about protecting your property rights as a landowner and your peace of mind, the ODNR form isn’t enough. An attorney can assist you with creating a written agreement, like a hunting lease, tailored to your specific needs.
3. Liability Accidents happen – a hunter fires and hits another person, your house, or your livestock. Anytime someone is walking around your woods with a weapon, and potentially climbing tree stands, tripping over roots, or trying to drag a 200-pound buck up a hill, there’s some risk involved. Unfortunately, these accidents can lead to lawsuits. Ohio law does offer some protections for landowners who allow another person to hunt on their land for free, so long as the landowner has not acted maliciously or recklessly. However, if you charge for access to your property, including leasing hunting rights or dayaccess fees, the possibility that you can be sued becomes much more significant. Because you’re making money off it, you have a duty to maintain safe conditions, warn guests of known hazards, and carry liability insurance, among other things. If you charge for access to your property, it is all the more important that you take extra legal precautions to best protect yourself from liability – including waivers, hold harmless agreements, or a lease agreement with a liability clause.
4. Licenses and Permits Anyone hunting on your property must have an Ohio hunting license and either an Either-Sex Deer Permit or a Deer Management (“Antlerless”) Permit. Adams County is a part of Zone B, which means that a hunter hunting on private land may use three either-sex permits, three deer management permits, or any combination to harvest no more than three deer. It’s important to make sure that the person you are allowing to hunt on your property has obtained the required permits to do so. It protects the hunter and you. These are just a few considerations to take as you allow hopeful hunters onto your property. With a few simple precautions, you can avoid being sued, protect your property, and still play an important role in a generous and rewarding tradition. You should avoid online legal document templates and work with an attorney to create documents that will satisfy the goals and needs of your particular situation. Landowners and hunters alike may request assistance in drafting, negotiating, or reviewing their next hunting lease. If you want to discuss any questions you may have about this article, please call 513- 426-9443 or e-mail [email protected].
Please note that the information in this article was provided for educational and informational purposes only and should not be construed as legal advice or as an offer to perform legal services. Readers should refrain from acting based on the contents of this article without seeking appropriate legal advice. The receipt of the information in this article does not constitute an attorney-client relationship.
