As hunting season approaches, Alabama landowners often find themselves fielding questions from family, friends and even strangers looking to access land for hunting. Beyond food plots and trail cameras, it’s important landowners understand their rights and responsibilities under Alabama law to protect themselves and their property.

The Law

Trespassing becomes a greater concern during hunting seasons. Alabama law divides criminal trespass into different degrees. If someone knowingly enters or remains on land that is fenced or clearly enclosed to keep people out, they can be charged with second-degree criminal trespass, a misdemeanor that carries up to three months in jail (Ala. Code §13A-5-7).

If the land is not fenced or enclosed and someone knowingly enters without permission, it’s considered third-degree criminal trespass, which can result in up to 30 days in the county jail (Ala. Code §13A-3-25). 

To deter trespassers and strengthen legal enforcement, landowners should consider fencing their property and posting “No Trespassing” signs at all entry points.

Landowners’ Legal Duty

Property visitors are classified as trespassers, licensees or invitees. A licensee is someone on the land for their own benefit, like a social guest or recreational hunter. An invitee, by contrast, is there for a business purpose, such as a contractor or utility worker.

Alabama law generally does not hold landowners liable for injuries to licensees caused by the licensee’s own actions. However, if the landowner knows about a hidden danger — such as an unstable ladder stand, an open well or a broken bridge — and fails to warn the guest, they may be legally responsible if someone is injured by that condition.

A similar legal classification applies to individuals leasing land for hunting. Thanks to the Landowners Protection Act passed in 2011 (Ala. Code §35-15-40), those who lease land for hunting are treated as a licensee, rather than an invitee. The law shields landowners from liability for injuries that occur during lawful use of leased hunting land. Exceptions exist if the landowner knowingly withholds information about a hidden danger that is not open or obvious or if they intentionally or willfully cause harm. 

While the law provides strong protection, landowners are still encouraged to carry liability insurance to protect against unforeseen incidents.

Hunting Lease Agreements

A well-written hunting lease protects both parties and helps prevent disputes. Most leases are valid for a year or more and must be in writing, signed by both the landowner and the hunting group to be legally enforceable.

A strong lease should include:

• Legal description of the land
• Types of game to be hunted
• Lease duration
• Rent amount and payment terms
• Agreement to follow game laws
• Maintenance and conservation duties
• Member and guest limits
• Liability release clause
• Requirement for hunter’s liability insurance

Because hunting involves risk and leases convey important legal rights, landowners should consider consulting an attorney before entering into a long-term agreement.

Learn More

Hunting can be a valuable and enjoyable use of rural land, but it also comes with legal responsibilities. Whether hosting friends or leasing land, Alabama landowners should take time to understand trespass laws, liability protections and lease requirements. Clear communication, proper signage, written agreements and liability insurance go a long way in protecting land and relationships throughout hunting season and beyond. 

The material presented above is for educational purposes only. The content does not constitute legal advice. If readers require specific advice or services, a lawyer or other professional should be consulted.