MassWoods

Keeping land in the family is a common goal for many landowners, but how do you actually pay for the long-term ownership and maintenance costs associated with the land?

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As is the case with many family summer homes and properties, ownership of the Browns’ 500-acre farmstead in a small town in the Berkshires was very complicated and only getting more so as the family grew.

The farm’s ownership was divided between three generations of family members and 29 individuals who all loved the rolling meadows, deep woodlands, and vacations in the historic farmhouse. Recognizing that their complicated fractional ownership structure was too cumbersome for the family to effectively manage into the future, one of the second generation family members initiated a series of family meetings at the farm to assess their options and find a more straightforward ownership solution.

Since so many people were coming to the meeting from all over the country, this family member recognized the need to have a professional present to make the best use of their limited time together. With the assistance of a professional family therapist and facilitator, the family participated in a day-long family meeting once each summer over a three-year period. The facilitator kept the meeting on task, helped maintain civil communication and dialogue, and made sure each participant was able to speak his or her mind. With the assistance of one family member who is a lawyer, they created a trust open to all the descendents of the original family members, which kept their administration costs down since they did not need to update their documents every time a family member died or was born. A small family subcommittee oversaw the transition and drafted a mission statement for the trust that highlighted the property’s role as a place to “renew family ties and peacefully appreciate the beauty and quiet of the land.” Bylaws were written that guide members’ use of the house and land, levy dues to pay taxes and upkeep, and establish procedures for nonpayment and election of officers.

Though the family members continue to be concerned about managing the farm’s rising costs in the future, they have a solid ownership structure in place and a history of effective, healthy communication to build on.

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Sometimes the difficult decisions involved in creating a plan for your land can make it easy to delay the process. Unfortunately for Alma, she waited too long and her land and heirs suffered the consequences.

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Eleanor Rogers owned 10 acres on Little Pleasant Bay in the Cape Cod town of Orleans and planned to leave the property to her son, daughter, and four grandchildren.

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Every day, landowners are making decisions about how to manage their land and what to do with their land when they pass on.  Many landowners are making these decisions without the benefit of knowing all their options.  These decisions not only affect the landowners and their family, but are shaping the landscapes within your community.

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Communicating your wishes for your land to your heirs is a critical first step in estate planning. Even more importantly, your wishes should be codified in your will. Luckily for Beatrice Riley, because she clearly and persistently communicated her wishes to her heirs, they worked hard to carry her wishes through, even in the absence of a legal imperative in her will.

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Though much attention has recently been given to the publically owned forests in MA, most of our forests are family forests, owned by thousands of families and individuals.  71% (or 1.2 million acres!) of these forests are owned by people that are 55 years old or older.

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Landowners across the state are facing increasing property taxes which can make it difficult to maintain the land as undeveloped.  The State’s current use programs (Ch. 61, 61A, and 61B) offer an opportunity to reduce property taxes in return for providing the public benefits that these lands provide.  Chapter 61 has a focus on timber management, and requires a 10-year forest management plan. Chapter 61A is for agricultural lands. Chapter 61 B has been referred to as being for recreational lands.  Historically, participation in these programs has been low and has remained fairly steady over time.  

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What can towns do to be sure their community's resources are conserved? Learn from energetic and dedicated municipal officials from across the state, like Norton's Jennifer Carlino. In her post as Conservation Agent, Jennifer has the opportunity to do everything from wetland protection to field studies identifying rare species habitat, vernal pool certification, land protection, and community education.

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