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Thread: Shooting Rights

  1. #1

    Shooting Rights

    I've been offered some "pay to use" woodland (at 50% of the cost of the annual lease) by a mate who has just taken it on.

    The contract between the holder of the lease and the land owner just says
    "The owner has granted exclusive shooting rights to the licensee"
    So,
    If we set up this arrangement is the licensee in breach of contract?

    2 reasons for asking
    1, If I present this as evidence to any police officer who investigates me being on the land, is it going to be accepted as proof of permission? - My name and signature aren't on it

    2 The contract clearly states any breach of the terms will cause termination without compensation of the contract so he/we could forfeit the woodland

    Would a contract between mate and l circumvent the potential problem?
    I'm going to run this past my FEO in the morning but meantime I was wondering what others think.

  2. #2
    Check out the word exclusive, I would reckon it means to him only, sublets would not be covered, you would be wise to enquire with the landowner through your mate.
    (The Unspeakable In Pursuit Of The Uneatable.) " If I can help, I will help!." Former S.A.C.S. member!

  3. #3
    Legal dictionary definition:

    EXCLUSIVE, rights. Debarring one from participating in a thing. An exclusive right or privilege, is one granted to a person to do a thing, and forbidding all others to do the same. A patent right or copyright, are of this kind.

  4. #4
    The exclusivity of the agreement protects your mate from the land owner leasing it to others at the same time.

    What you need to see is that your mate has the right to sub lease. Or if your planning on sharing it then why not put your name on he main lease?

  5. #5
    Exclusivity to exclude the landowner leasing to others makes sense but exclusivity can cut both ways

    "An exclusive right or privilege, is one granted to a person to do a thing, and forbidding all others to do the same" warns of the law of unforeseen consequences biting you on the bum

    1/ The right sub letting is main concern for me at the moment
    2/ He wants the lease in his name only so that's a dead end

  6. #6
    Quote Originally Posted by tedsalad View Post
    The exclusivity of the agreement protects your mate from the land owner leasing it to others at the same time.

    What you need to see is that your mate has the right to sub lease. Or if your planning on sharing it then why not put your name on he main lease?
    Exclusivity to exclude the landowner leasing to others makes sense but exclusivity can cut both ways

    "An exclusive right or privilege, is one granted to a person to do a thing, and forbidding all others to do the same" warns of the law of unforeseen consequences biting you on the bum

    1/ The right to sub let is main concern for me at the moment
    2/ He wants the lease in his name only so that's a dead end
    Last edited by Archer; 09-02-2014 at 13:45. Reason: Problems uploading reply so double post

  7. #7
    Pay monthly to your mate, and as long as you have a written permission from him as the occupier of the sporting lease there shouldn't be a problem. Very few private leases forbid leaseholder from having their guests there.

  8. #8
    Quote Originally Posted by prometheus View Post
    Pay monthly to your mate, and as long as you have a written permission from him as the occupier of the sporting lease there shouldn't be a problem. Very few private leases forbid leaseholder from having their guests there.
    Wrong Sir !
    Exclusive rights to the licensee are just that and permitting another individual to participate will be ARMED TRESPASS.

    HWH.

  9. #9
    I would be wary of using the dictionary definition of a word such as "Exclusive" to mean the same as a legal definition. I think a legal opinion is required here, so best to talk to your legal rep. if you are in a shooting org.

    It may be that if there is no clause fordidding sub-letting then it is ok. I really don't know, but I do know that legal rulings can change definitions like these overnight, so a legal opinion is wise.

  10. #10
    I can't see how your friend has the authority to grant you permission to shoot as he only holds a licence to shoot over the land himself and does not possess the shooting rights.
    The only way to properly find out is to contact a lawyer or your shooting organisation for an opinion, and they will almost certainly say that they will need to see any written contracts in order to give an opinion. You also need to ask if the leaseholder actually has the authority to grant permission to your friend also.
    Last edited by 8x57; 09-02-2014 at 17:18.
    It's the calibre of the shooter that counts not the calibre of the rifle.

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