DCNR Lease Question - The HuntingPA.com Outdoor Community
 
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post #1 of 6 (permalink) Old 12-15-2013, 03:51 PM Thread Starter
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DCNR Lease Question

I recently purchased a camp on leased land in Lycoming County with my brother. The problem is we want it both names but do not want to add the by laws. I was told it cant be in two peoples name without the bylaws unless its husband and wife. Can you help me out with some ideas? Thanks
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post #2 of 6 (permalink) Old 12-15-2013, 04:13 PM
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Re: DCNR Lease Question

That's the rules. Your leasing the land from dcnr not the dwelling.Thats why its almost impossible to get a loan for a state leased camp there's nothing to repo.
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post #3 of 6 (permalink) Old 12-15-2013, 06:26 PM Thread Starter
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Re: DCNR Lease Question

Do you think I can get it one name and then get something wrote up at the lawyers. We should get something written for the dwelling anyhow.
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post #4 of 6 (permalink) Old 12-15-2013, 09:55 PM
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Re: DCNR Lease Question

Bylaws? I don't understand? I belong to a state forest lease cabin, we have our secretary on lease and vice president, camp is an llc. With bylaws, maybe that's why?

Anybody can shoot deer on the farm ground....You earn it in the mountains.......
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post #5 of 6 (permalink) Old 12-16-2013, 11:23 AM
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Re: DCNR Lease Question

It's best to incorporate, or form a partnership, or LLC. Make absolutely certain you have bylaws. That said, a recent court case (a dispute about selling a camp) concerning a state lease camp now allows for a group to be on the lease. Now DCNR can do a lease with the XYZ Hunting Club, with John Doe as the agent, as long as they have 1- officers, and 2 – bylaws which were approved by the members, and contain provisions for settling disputes.

Prior to this case, legal wouldn’t let DCNR have an agreement with a group (XYZ Hunting Club), unless they were a “formal” group; DCNR had to do a single person who represented the group.

All that said, as cheap as it is, incorporate. And make absolutely sure you have good bylaws. Speaking from an extremely bitter experience, if this is not the case, you (or your kids or grandkids) are open to losing your camp to a dishonest member who's name is on the lease.
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post #6 of 6 (permalink) Old 12-16-2013, 01:32 PM
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Re: DCNR Lease Question

Agree with everyone. With bylaws and making it a hunting camp owned cabin, there is no need to go through probate if something were to happen, and no death tax. It can get passed along generation to generation without much hassle.

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