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#190067 - 10/30/09 11:44 AM Has anyone ever?
heybud Offline
Lunker

Registered: 03/14/06
Posts: 1319
Loc: Central Texas
Has anyone here ever made some sort of deal with another land owner to stock and manage his pond for the rights to fish there. If so what would one include in the agreement? If someone has done this, what problems arose or what problems do you guys and girls think would arise?
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#190083 - 10/30/09 01:14 PM Re: Has anyone ever? [Re: heybud]
CJBS2003 Offline
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Lunker

Registered: 01/19/09
Posts: 10457
Loc: northern VA
I have two ponds that are owned by two different people.

One was very old but somehow didn't have any fish in it. The land owner thought it was built in the late 1960's. Not even a bullhead or GSF! It's a hair over 3 acres in size and from my sonar readings tops out at 12' deep. The farmer gave me permission to hunt his land and along with that permission said I could fish it too... The problem came when I stocked it and began managing it. The locals who for some reason had never stocked fish in it in all those years found out there were now fish in it and started fishing it. The farmer didn't want to get involved for fear of "angering old neighbors". The first 4 years went well, but then the neighbors starting fishing it hard, mismanaging it and adding fish they thought would help the cause. Needless to say, it went from what could have been a great fishery into a pond I don't bother fishing anymore. My biggest mistake was putting time and effort into that pond when I had nothing in writing. I guess I just assumed if it had gone 30 plus years with no one showing interest in it, it would stay that way... Fortunately, I hadn't put more than $500 worth of investment into it.

The second pond was owned by Penelec Power Company and was on the grounds of one of their sub stations. It was a hair under 2 acres. It too had no fish in it and was built in 1982. I started managing it in 1990. I was just a kid then and spoke with the on sight manager who told me as long as I didn't do anything stupid he didn't care what I put in there. It was one of the ponds I self taught myself with as a kid. The fishery was pretty darn good and led to many hours of staying out of trouble fishing it with high school friends from the surrounding neighborhoods. That all ended when a jet fuel line that ran next to the sub station that piped fuel to Dulles Airport had a rupture and leaked jet fuel into the pond killing all the fish in 1997. You should have seen the faces on some of the workers of the sub station who had no clue fish were in that pond when a couple bass over 8 pounds floated up! For some reason after that event that fenced the pond in and posted no trespassing signs. Fortunately, I was close to graduation from high school and wouldn't get to use it nearly as much. I had only restocked it with bluntnose minnows and banded killifish before it was fenced in. I wonder how they're doing with no predators?

I have never paid someone to use their ponds. I suppose if you could get a solid contract giving you sole rights to the pond for an extended time period, say a minimum of 10 years it may be worth the money. I have helped manage several semi public ponds and it is a real challenge to establish nearly as good a fishery as with a private family or friend owned pond. I work with the two ponds on the Izaak Walton League club property I am a member off. There are a lot of people who have many misconceptions on pond management and don't understand or just don't want to understand why certain things should or shouldn't be done... Fortunately I have had good luck getting most the of the rules our club follows enacted and people seem to generally follow them.

As far as what you should include in a agreement...

1. At least a 5 and preferably a 10 year lease. 5 years is right when a new fishery starts getting good! Why do all that work to see your lease expire and not be renewed?

2. Explicitly list the access rules for the pond. Who can use the pond and when can they use it?

3. The ability to enforce trespass violations on behalf of the landowner. This way if the landowner doesn't want to be involved in removing and enforcing trespassing you can. After all, it's going to be your investment!

4. Will you be able to manage the pond as you see fit, ie stocking, feeding, fertilizing, etc...

5. Will you be able to boat on the pond?

I think those are the major points I would have included but I sure as heck aint no lawyer! I think the biggest problem you would face is the ability to prevent trespassing IMO. I'd rather have my own personal pond that I own, but... If that isn't an option leasing out someone else's certainly may work out well if the lease is set up properly.
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Men and fish are alike. They both get into trouble when they open their mouths.

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#190084 - 10/30/09 01:17 PM Re: Has anyone ever? [Re: heybud]
Bullhead Offline

Lunker

Registered: 03/16/09
Posts: 804
Loc: Cornhusker state
Overfishing by the landowner or their friends or families. My pond is actually on the property line of the place we now own, and the property of my wife's cousin. It was previously owned by their Bohemian, bachelor farmer uncle. Wife's cousin has very little interest in it and neither does anyone in his family. He did however tell me that he once caught a cousin of he and my wife and nephew of the previous owner and his friends hauling off three coolers full of cleaned catfish. No wonder there doesn't seem to be any cats left. This happened a few years ago, before I owned it, and I'm surely going to have a heart to heart talk with him in the near future.

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#190101 - 10/30/09 02:23 PM Re: Has anyone ever? [Re: Bullhead]
ewest Offline
Moderator
Hall of Fame 2014

Lunker

Registered: 03/08/05
Posts: 19590
Loc: Miss.
Heybud why don't you tell us what you have in mind. That way the answers could be specific to your situation.

Plenty could go wrong and I don't think we can list all the things that might need to be addressed.

Start here with fee fishing and that will give you some ideas.

http://srac.tamu.edu/index.cfm?catid=27
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#190111 - 10/30/09 02:47 PM Re: Has anyone ever? [Re: heybud]
andedammen Offline
Lunker

Registered: 08/25/09
Posts: 414
Loc: Norway
 Originally Posted By: heybud
Has anyone here ever made some sort of deal with another land owner to stock and manage his pond for the rights to fish there. If so what would one include in the agreement? If someone has done this, what problems arose or what problems do you guys and girls think would arise?


I have a deal like that, but about hunting on my land, woorks fine with the current hunter, last guy cheated me or got greede.
The deal/agrement is I gett half of the take out, ready to put in freezer, he manage it within the law, and his knoledge.
I'm wery pleased with the deal 4 years running.
I'w been sick or got lymes deasese (borelioses) from tick bite, so my abilleties to run/manage my propperty has been limmitid, for aprox 7 years.
I have how ever made my own rights to atend or use the right to hunt clear, he is the boss for now, but participate if i want/can
I could have rented it out, but then i wouldn't have any clue or insight in what was going on.
But its buildt on mutual thrust and I had a bad experience with the first guy, now I'm glad i gave this another try.
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#190121 - 10/30/09 04:34 PM Re: Has anyone ever? [Re: andedammen]
Dave Davidson1 Offline
Moderator
Lunker

Registered: 01/04/06
Posts: 13600
Loc: Hurst & Bowie, Texas
A guy down the road from e got a local guy to take care of his cows. He lives in Fort Worth and doesn't hunt. For that, he told the guy he could deer hunt on it. Next thing you know, friends and family were hunting. Lots of friends and family.

Lot of things to get settled in advance.
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#190124 - 10/30/09 04:44 PM Re: Has anyone ever? [Re: Dave Davidson1]
heybud Offline
Lunker

Registered: 03/14/06
Posts: 1319
Loc: Central Texas
Around me are some really great looking ponds that are large and deep. I have never ever seen anyone fishing them. I was thinking about approaching the owner and asking them if I stocked some fish, would they let me fish their ponds/tanks (in Texas). One belongs to my county commish. He is a nice guy. I don't have enough years left for a 10 year lease. Maybe just put in a couple hundred bucks worth of fish and fish when I want to. I have my own pond, but would be nice to have other places to go.
_________________________
In Dog Beers, I've had one.

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#190133 - 10/30/09 05:23 PM Re: Has anyone ever? [Re: heybud]
ewest Offline
Moderator
Hall of Fame 2014

Lunker

Registered: 03/08/05
Posts: 19590
Loc: Miss.
That may be workable. Common sense. In writing what you will do , what he allows , and time period including a description of the place ( example - Joe Smith lands on hwy 48 2 miles north of _____ ). Both sign and acknowledge. Also include any specifics like limitations on when , what , how.
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