Replies to This Discussion

Permalink Reply by paul d. clouser, esquire on December 11, 2010 at 3:03am

1. Keep property posted at all times;

2. Make sure you have adequate liability coverage for the type of lease you are entering into (i.e. you need greater protection for surface leasing, as opposed to a subsurface lease, as many more folks will be coming and going on the property if you allow surface activity);

3. Make sure you negotiate broad indemnifications into the lease agreement.

 

Hope this helps!

Permalink Reply by Rock Ranch 42 on December 16, 2010 at 7:41am

Paul, just wanted to say Thank You for the advice. All the advice and shared info. on this site is a help. Happy Holidays to you and all our neighbors out there!

Permalink Reply by Thomas Brian Morton on January 2, 2011 at 6:09pm

I am under the advise of an attornie. We have several owners (6) for 220 ac. We are first setting up a corperation. Any money coming in goes into a trust. which is then divided according to preagreed dispersments (no one "handles" the money) We would charge "guests" $10.00 a day/night. I'm told don't do that any more. Your accepting responciablity. Anyone coming onto the property to do work. I.E. plumber carpenters, etc.. should have written proof of insurance, then check it. Up our liablity to 5 - 10 Million. Anything happens the insurance company will handle it with their attornies because so much at stake$$$. We currently are getting our property surveyed and lines marked. We always did post our lines but now more so. Any logging roads or trails that lead from one property to yours, Gate. Nothing fancy. Not nessessary to lock. make sure gate has a No tressespassing sign attached. Make sure gate is a color that will stand out so no one accendently crashes into it with a 4 wheeler, trail bike, snowmobile, etc....  Welcome to 2011!! We're not in kanses any more Toto. Hope this helps. I'm covering My butt.

Permalink Reply by paul d. clouser, esquire on January 6, 2011 at 1:59am

Janice, indemnification language, to be effective, must be tailored to the specific circumstances you are dealing with.  However, in the context of a subsurface lease arrangement, the following language provides an example of what is being discussed:

 

Lessee shall indemnify and hold lessor harmless from any liability, liens, demands, judgments, suits or claims of any kind or characer arising out of, in connection with, or relating to lessee's operation under the terms of this lease, including but not limited to, environmental issues, claims for injury or death to any persons, or damage, loss or destruction of any property, real or personal, under any theory of liability, whether tort, contract, strict liability or statutory.  Lessee further covenants and agrees to defend any suits brought against lessor on any claims, and to pay any judgment against lessor resulting from any suit, together with all costs and expenses relating to such claims, including attorney's fees, arising from lessee's operations under this lease, except to the extent such damage or injury is caused by lessor's gross negligence.  The terms herein shall survive the completion of operations and restoration of the leased premises.

 

Hope this helps.  P 

Permalink Reply by Chris on January 6, 2011 at 2:45am

We also ran an ad in the Sully that our property was posted and patrolled, and written permission was required for any reason of tresspass. This newspaper notice was so that if someone came on the property and didn't see the posted signs (every 25 feet) and sued us we could show that our property had placed the ad showing it to be posted and patrolled and the date the ad ran. We will renew this ad every 6 months.