Legal Question in Real Estate Law in Indiana

Re: Landlord access of leased property,my rights as lease holder

Tough question - it depends on the lease. I assume that there must be several acres that the landlord has. If he is leasing the entire parcel to you, and there are no provisions that allow him to hunt on the land, then probably not. If the lease only provides that you are renting the house and outbuildings, and nothing more, then he probably has the right to hunt. However, every lease has an implicit and often explicit right of the tenant to have "quiet enjoyment" of the use of the property. So, depending on how much noise or intrusive the landlord is, his actions may or may not be a breach of the contract.

For example, let us assume the following facts and analyze different scenarios. Assumptions - you are renting the house and barns only and the yard immediately surrounding these buildings; there are 200 other acres owned by the landlord that are part of this parcel, and there are no restrictions in the lease that prevent him from hunting. With these facts in mind, let's assume that the landlord's son is a conscientous hunter who does not block the driveway, has a hunting license, is not reckless with his firearms or bow, and is all around a pretty good kid. In this case, you probably do not have much to stand on to keep him off. In this type of situation, the best you can bargain for is to be kept abreast of when he will hunt, what he will use, and receive assurances that he will not hunt within so many acres of the house and barns.

If on the other hand, the kid has a history of being on the fringe, has a dozen pals with him when he goes hunting, uses all-terrain vehicles with no common sense, blocks your driveways, or somehow impinges on your use of the leased property, then you have something on your side.

However, there is no violation of the lease until the kid hinders your quiet enjoyment of the leased property. If you are anxious or concerned simply by the fact that you do not want a 16 yr old hunting near your property, then that is not enough.

Again, the lease provisions are controlling, and if you have leased the entire premises (all of the acreage) then you have a musch better standing to tell the landlord no.

Re: Landlord access of leased property,my rights as lease holder

If your lease is for just the home, rather than the use of all the real estate, then your landlord has reserved the right to determine who will be able to use the real estate for any other purpose so long as it does not interfer with your rights in living there (the covenant of peaceful enjoyment).

If the lease permits you to use the land also, this use is exclusive and you have the right to decide whether to allow anyone else on the land, including hunters (whether they are related to the landlord or not).

If you do not want to permit hunting on the land, tell the fellow so and be sure to tell others that you do not permit hunting on your land. You might want to post signs that say no trespassing and no hunting around the perimeter. And be sure to talk to your local police agency (county sheriff) for their thoughts on assisting you in enforcing your no hunting policy.

Because the proposed hunter is a minor, you might want to explain to his parents (your landlord) that you do not want him to hunt on your land and that you do not intend to allow others to do so either.

If all else fails, set up a target range and go out and shoot with the boy so he gets to use his gun and you can feel relatively safe behind him and knowing there is nothing he can harm if he misses the target.