Texas Hunting Lease Attorney Nathaniel Gilbert

Hunting Lease Attorney Nathaniel Gilbert works to help provide landowners, farmers, and ranchers with quality leasing documents such as liability waivers, disclosures, and lease agreements for hunting leases.

Texas Hunting Lease Attorney

THE LAW OFFICE OF NATHANIEL GILBERT, PLLC

726-999-0087

Whether you are looking to lease your property for the 1st or 50th time, consulting with a lawyer versed in the outdoors and hunting in your area is an absolute must. Hunting leases on agricultural land in Texas involve many factors such as liability waivers, statutory liability, contract negotiation, and safety concerns. Nate Gilbert is an attorney and outdoorsman living in South Texas and can help you protect you and your investment when crafting your hunting lease documents.

Hunting Lease Drafting and Review

Liability Waivers

Risk Management Guides

Property and Ranch Rule Books

Lease Negotiation

Agricultural Planning and Leasing

FEATURED

How Do I Start a Hunting or Fishing Outfitter Business?

by | Jun 10, 2021 | Business Law,Fishing Law,Hunting Law,Real Estate | 0 Comments

Starting an outfitter or guiding business in Texas can be an exciting endeavor; Using an attorney who knows the outdoors to get your paperwork (Lease, Liability Waiver, Hunt Contract, and Business Formation) in order from the very beginning will set you up for success.

Liability Waivers and Gross Negligence: Does My Liability Waiver Follow The Texas Express Negligence Doctrine?

by | Jun 10, 2021 | Business Law,Farm and Agricultural Law,Hunting Law,Real Estate | 0 Comments

Liability Waivers in Texas must follow the Express Negligence Doctrine in order to be enforced by a Court. But what is the Express Negligence Doctrine and does it cover gross negligence, too?

Hunting Lease Considerations: What Happens If We Can’t Hunt?

by | May 21, 2021 | Farm and Agricultural Law,Hunting Law,Real Estate | 0 Comments

What happens when the land you lease to hunters is all of a sudden unhuntable? Can your hunters cancel their lease agreement?

Landowner Liability: Duty to Trespassers

by | May 19, 2021 | Business Law,Farm and Agricultural Law,Hunting Law,Real Estate | 0 Comments

What happens if a trespasser on your property is injured while trespassing in Texas?

Statutory Liability for Farms and Ranches in Texas: Do I Need a Hunting Lease Liability Wavier?

by | Jul 27, 2020 | Farm and Agricultural Law,Hunting Law,Real Estate | 0 Comments

Liability Waivers are one part of a three part checklist for protections for your farm or ranch when considering drafting a hunting lease. Statutory protections provided by the state of Texas should be utilized as much as you are able.

What Kind of Hunting Do I Want on My Property: Considerations for Texas Hunting Leases

by | May 4, 2020 | Farm and Agricultural Law,Hunting Law,Real Estate | 0 Comments

Hunting Leases are a great tool for landowners to extract the value of the wildlife on their property. Working with an attorney specializing in the outdoor industry and drafting a unique hunting lease for your property is essential to protect your investment.

Free Online Liability Waiver Templates: 3 Reasons Not To Use Them

by | Aug 12, 2019 | Farm and Agricultural Law,Hunting Law | 0 Comments

Using a liability waiver form or template downloaded from an unknown site for your outfitting or guide business is setting you up for failure. Learn three big reasons to avoid online forms and how an attorney can help you avoid these common pitfalls.

What is a Liability Waiver? How Do I Write One For My Business?

by | Aug 5, 2019 | Farm and Agricultural Law,Fishing Law,Hunting Law | 0 Comments

A liability waiver can help protect your business if a client or guest is injured during an activity. But not all releases of liability are created equal, and using a form on the internet could land you in rough water.

How to Find a Hunting Lease: Texas

by | May 18, 2017 | Farm and Agricultural Law,Hunting Law | 0 Comments

Hunters looking for hunting leases have more ways than ever to find coveted ground to pursue trophy big game and plentiful waterfowl and upland birds.  However, just because it is easy to find a lease doesn't necessarily mean that you should sign right away.  

What is the Cost of a Hunting License?

by | Apr 14, 2017 | Hunting Law | 0 Comments

Colorado is debating increasing the price of resident and non-resident hunting license fees.  Where does Colorado stand on the national stage as far as cost of licenses?

How Do Outfitters Hire Guides As Independent Contractors? Outfitter and Guide Employment Contract Requirements

by | Mar 11, 2017 | Business Law,Fishing Law,Hunting Law,Outfitter Law | 0 Comments

Hunting and Fishing Outfitters like to hire independent contractors over employees for seasonal work, but if the contracts for those services fail to meet Department of Labor standards, the move could be more expensive than anticipated.

How can I evict hunters from my lease?

by | Nov 1, 2016 | Farm and Agricultural Law,Hunting Law,Landlord Tenant Law | 0 Comments

Hunting leases can be great opportunities for hunters and landowners, but are still subject to the same penalties as more common commercial leases for both tenant and landlord.

Liability Waivers For Hunting Leases

When you are looking at leasing your property for hunting or recreation, liability is, naturally, a huge consideration. The video below by Attorney Nathaniel Gilbert walks through some of the concerns regarding structuring your liability waiver as well as the statutory protections provided by the State of Texas.

Attorney Nathaniel Gilbert in San Antonio, TX discusses the statutory protections provided by the state as well as the need for liability waivers custom tailored to your property and ranching operation

LIABILITY WAIVERS- $1,000.00

Professionally tailored liability waiver for use in your operation, including custom provisions for firearm usage, watercraft or motor vehicle, climate, terrain, and many more options depending on your unique circumstance. This is not a “one size fits all” document and must be custom tailored to your specific outfitting needs.

HUNTING LEASE- $2,000

CUSTOM TAILORED; REUSABLE FOR YEARS TO COME; SPECIFIC TO YOUR PROPERTY AND NEEDS; BASED ON YEARS OF HUNTING LEASE DRAFTING AND EXPERIENCE WITH TOP OUTFITTERS IN THE WORLD.

Crafting your hunting lease is a multi-step process that begins with a general meeting with Attorney Nate Gilbert about your property. What kind of hunting do you want to offer? What kind of amenities? How many people? The goal is to get to know your property and the reasons you are looking to lease it for hunting.

After this initial meeting, Nate will craft your individualized hunting lease based on the rules and privileges that you have listed, as well as your old hunting leases and documents if such exist. The lease will be drafted according to your specifications combined with the extensive experience of Attorney Nate Gilbert when it comes to hunting leases. Once the lease has been drafted, usually within 2-3 days, the first draft will be sent to you or your managers for review.

But you’re not done yet!! Once you have reviewed the lease, you will schedule another appointment with your attorney to go over your lease in detail. We will review each clause and rule together and make sure that we understand exactly what we mean when we put certain words or phrases in your hunting lease not only so that you can understand what we’re trying to accomplish, but so that you may explain it to your hunters or outfitters if they have questions. After this meeting, you’ll have your final drafts emailed to you in a format you can use for years to come.

Hunting leases in Texas afford the opportunity for farmers and ranchers to extract the hidden value of the wildlife on their property, and allow hunters and outdoorsmen to enjoy a traditional past time. Ensuring your leasing documents are drafted by an attorney who knows and understands the business of Hunting Leases is vital to success for both the landowner and hunters.
Landowners in Texas often lease their property for hunting or fishing to individuals, outfitters, or private clubs. While this can be a lucrative endeavor depending on the abundance and quality of game available on your ranch, there are some main considerations to take into account before allowing anyone onto your property.

The most common question I get as an attorney dealing with hunting leases or even just hunting permission, is liability. Is the landowner liable for hunters or fishermen who get hurt on their property while engaged in those activities? The answer is “maybe.” Landowners who allow free use of their property for recreational use are protected by state statute in Texas. However, when you charge a fee, such as with a lease agreement, you may need to work out a liability waiver for all those individuals participating in any activities on your ranch. This is a major concern that you will need to work with your attorney as well as insurance carrier on in order to make sure that you are well protected.

Have another legal concern you’d like some help with? Click the areas below to see how San Antonio Attorney Nathaniel Gilbert can help you.

RECENT LEGAL ARTICLES FROM NATHANIEL GILBERT

Can I Use An LLC To Avoid Taxes?

by | Sep 20, 2022 | Business Law | 0 Comments

Yes, but not in the way that you think.  There is a growing sentiment among popular online advice columnists and bloggers that LLCs can help you avoid a large amount of...

How Do I Change the Name of My LLC in Texas?

by | Aug 3, 2022 | Business Law | 0 Comments

If you want to use a different name for your business, make sure you differentiate between “I want to change the entire name of my business” and “I want to use a different name for my business in certain situations.”

How Does a PLLC Protect A Professional from Malpractice in Texas?

by | Aug 1, 2022 | Business Law | 0 Comments

A Professional Limited Liability Company is specifically provided for professionals looking to offer their services through an entity in Texas. Professional services, as defined by the Texas Statutes, means “any type of service that requires, as a condition precedent to the rendering of the service, the obtaining of a license in this state.

Member vs Manager: Who Should Have What Role in Your LLC?

by | Jul 25, 2022 | Business Law | 0 Comments

Regardless of the form of LLC you decide on (Series LLC, PLLC, or regular old LLC) you will need to make the decision of whether your new Texas entity will be Manager Managed or Member Managed. For the sake of this page, we are going to assume the owners of the LLC have chosen to have the company be managed by one or more Managers—Manager-Managed.

Top 3 Mistakes When Starting Your LLC and Their Solutions

by | Jul 22, 2022 | Business Law | 0 Comments

New business owners in Texas often form LLCs to start their company, but this process can be full of pitfalls and sometimes even the most careful of small business owners can make a mistake. Texas LLC Formation Attorney Nate Gilbert takes a look at the most common mistakes and their solutions.

How To Help Your Parents Sell Their House: Powers of Attorney in Real Estate Transactions in Texas

by | Jul 20, 2022 | Real Estate | 0 Comments

Commonly, children will have powers of attorney for their parents when they get older and may need assistance with financial transactions. If a child holds power of attorney for their mother and/or father, they may represent them in a real estate transaction.

Can You Change An LLC To A PLLC? 4 Steps to Convert From An LLC to a Professional LLC in Texas

by | Jul 18, 2022 | Business Law | 0 Comments

Converting to a PLLC from an LLC is a straightfoward process in Texas. Attorney Nate Gilbert provides the steps necessary to change your company to a Professional Limited Liability Company in 4 steps.

How Do I Create A Series For My Series LLC?

by | Jun 22, 2022 | Business Law,Real Estate | 0 Comments

Creating an individual Series for your Series LLC is a straightforward process, but there are some critical steps that you need to take.  When creating the new Series,...

VIDEO: Should My LLC Be Member Managed or Manager Managed?

by | Jun 14, 2022 | Business Law | 0 Comments

Watch the video to discover the differences and considerations behind Manager Managed LLCs and Member Managed LLCs in Texas.

What Does An Operating Agreement Do? VIDEO

by | Jun 8, 2022 | Business Law | 0 Comments

Video: What Does An Operating Agreement Do For My LLC?

How Do I Write Off Expenses For My LLC or Small Business?

by | Jun 6, 2022 | Business Law | 0 Comments

How can Texas LLC owners write off business expenses they incur throughout the year on their tax returns?

Can I Change My Registered Agent?

by | Jun 2, 2022 | Business Law | 0 Comments

Changing your LLC’s Registered Agent is fairly simple, but can have serious consequences if not done correctly.

Game Cameras are an important consideration for landowners hoping to get top dollar for hunting leases. When negotiating prices for the lease terms, being able to provide proof of the quality and abundance of game available strengthens your position.