Texas Agriculture August 5, 2016 : Page 9

Are you betting the farm? If you let someone on your property, are you betting the farm? What's your landowner liability? Those are questions Judon Fambrough, senior lecturer and attorney at law at the Texas A&M Real Estate Center, wants Texas landowners to seriously consider. He authored "The Texas Deer Lease" in an ef-fort to aid property owners and those wishing to access private property for hunting or recre-ational purposes. The free document, recently updated, addresses landowner liability with valuable information and tools. "It talks about how they can avoid or lessen liability for a hunter or anyone who is coming on their property," Fambrough told the Texas Farm Bureau (TFB) Radio Network. "If you let someone on your property, are you betting the farm? That's the bottom line. If you haven't re-ally crossed your 'T's and dotted your 'I's, you may be betting the farm letting them on there because of your liability." The document contains information and forms useful to the land-owner, including a waiver of liability, a waiver of liability for minors and an assumption of risk decree. Fambrough said the assumption of risk form protects the landowner from gross negligence, while waivers protect the landowner from ordinary negligence. The document was updated in September 2015 to include the new agritourism statute, which limits the liability of landowners who en-gage in "agritourism." The term means an activity conducted on land for recreational or educational purposes. Fambrough said the document continues to be a valuable resource many years after its initial publish-ing. He said in a perfect world both the landowner and the person seeking access to the private property would have the document and, therefore, know the law. All that would remain would be negotiations. "We address hunting leases in particular, but it has broad applications for anybody coming onto your property. I don't care if they're paying or not paying. If they're coming there for recreation like hunting, we have a checklist on what they should go through with the hunter. If you're a hunter, it tells you what you should go through with the landowner. It's not pro-landowner or pro-hunter. It's neutral. Let's get these things out of the way so we won't have any problems down the road," said Fambrough. "The Texas Deer Lease" document can be downloaded at https://as-sets.recenter.tamu .edu/Documents/Articles/570.pdf. CAPITAL FINANCING TEXAS FOR 100 YEARS FARM CREDIT Texas never stops. Thanks to the financial support of Capital Farm Credit, neither do the farmers and ranchers who call her home. For nearly a century, we've helped rural Texans show the world what hard work can achieve. But the job is far from over. And as rural Texas grows further, we'll be there. CapitalFarmCredit.com I 877.944.5500 ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--,.,,...--... ~ ...... § () ~ t"I c: ~ ti

Are you Betting the Farm?

If you let someone on your property, are you betting the farm? What’s your landowner liability?

Those are questions Judon Fambrough, senior lecturer and attorney at law at the Texas A&M Real Estate Center, wants Texas landowners to seriously consider.

He authored “The Texas Deer Lease” in an effort to aid property owners and those wishing to access private property for hunting or recreational purposes. The free document, recently updated, addresses landowner liability with valuable information and tools.

“It talks about how they can avoid or lessen liability for a hunter or anyone who is coming on their property,” Fambrough told the Texas Farm Bureau (TFB) Radio Network. “If you let someone on your property, are you betting the farm? That’s the bottom line. If you haven’t really crossed your ‘T’s and dotted your ‘I’s, you may be betting the farm letting them on there because of your liability.”

The document contains information and forms useful to the landowner, including a waiver of liability, a waiver of liability for minors and an assumption of risk decree. Fambrough said the assumption of risk form protects the landowner from gross negligence, while waivers protect the landowner from ordinary negligence.

The document was updated in September 2015 to include the new agritourism statute, which limits the liability of landowners who engage in “agritourism.” The term means an activity conducted on land for recreational or educational purposes.

Fambrough said the document continues to be a valuable resource many years after its initial publishing.

He said in a perfect world both the landowner and the person seeking access to the private property would have the document and, therefore, know the law. All that would remain would be negotiations.

“We address hunting leases in particular, but it has broad applications for anybody coming onto your property. I don’t care if they’re paying or not paying. If they’re coming there for recreation like hunting, we have a checklist on what they should go through with the hunter. If you’re a hunter, it tells you what you should go through with the landowner. It’s not pro-landowner or pro-hunter. It’s neutral. Let’s get these things out of the way so we won’t have any problems down the road,” said Fambrough.

“The Texas Deer Lease” document can be downloaded at https://assets. recenter.tamu.edu/Documents/Articles/570.pdf.

Read the full article at http://texasagriculture.texasfarmbureau.org/article/Are+you+Betting+the+Farm%3F/2551909/326435/article.html.

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