Can I hunt my landlord’s property with his verbal permission?

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Can I hunt my landlord’s property with his verbal permission?

I am a licensed hunter. When I moved into the home that I rent my landlord gave me verbal permission to hunt land that he owns and leases to other hunters. One of the leasers of the land has stated that I cannot hunt the land even though I have the land owner’s permission. Can I legally hunt this property?

Asked on October 2, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If someone has leased the land, then, as a general matter, the lessee (the person leasing) decides what can and can't be done on it, not the land owner; the land owner gave the lessee the possession of the land, and therefore the right to control access to and use of it, for the duration of the lease, so long as the lessee complies with the lease.

If the lease itself provided that the landlord still had the right to hunt that land, even while it was being leased, or the right to give others the right to hunt it, then the landlord could give you permission; that's because the lease, by its very terms, kept some access or power or rights for the landlord. However, unless the lease reserved rights to the landlord, to allow him or her to hunt (or let/license others to hunt), you can't hunt on leased land without the lessee's permission. Consider: say you rent a house. Even though the home's owner, your landlord, still owns it, he can't give his friends permission to sleep in or have a party at the house you are leasing--you, not the landlord control access. It's the same principal.


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