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10 Legal Concerns for Landowners The legal issues associated with owning and managing land are many and varied. The issues are affected by laws and regulations at the federal, state and local level. Here are 10 legal concerns you should consider as you manage your property.  Succession and estate planning. Planning for succession and minimizing the impact of taxes following death can be the most frustrating and challenging of all management considerations. This should involve the input of family members and tax, accounting and legal advisors. Change is inevitable, and your planning should be reviewed every so often to make sure the plans reflect the changes in your family, your desires and the tax laws.  Taxes. The ownership of land or the sale of forest products from it can create tax liabilities at the local, state and federal levels. This includes property taxes and income taxes. Landowners should keep good records and seek the advice of tax professionals.  Property boundaries. You should know what you own and properly mark and maintain the boundaries of your property. This may require the services of a surveyor. You should also maintain access roads and rights of way.  Documentation of title. Landowners should properly document and record what they own. A recorded deed and plat represent the best documentation of title. Unclear titles can cause problems for timber sales, land sales and when owners pass away.  Trespass, theft and encroachment. You should identify and stop the various forms of trespass. It can be as simple as dumping, unauthorized hunting or unauthorized used of roads and trails. Timber theft is a significant trespass and can result in financial loss. Properly marked boundaries, fences and gates can discourage trespass.  Regulations. Regulation of land and management activities occurs at the local, state and federal levels. These regulations include zoning, best management practices, water quality, wetlands and endangered species. Landowners should be familiar with all of these.  Timber sales. This is where you make your money and it needs to be done correctly. Topics that need to be addressed include type of harvest, harvest timeframe, boundaries, access, bmps, contracts, price and others. Consider using a forestry consultant to assist with the sale.  Losses and liability. Owning timberland can be risky, and natural losses from hurricanes, fires, hail, ice, insects and other sources are not preventable. Some of the losses can be reduced by good management. Liability can result from management activities or the omission by you or others using your property.  Insurance. Insurance is available for hunting leases and timber. You should make sure that loggers and other workers on your property carry adequate insurance.  Professional assistance. Just like you hire a plumber or painter to work for you, you should hire a professional forester, accountant and attorney to assist you with your timber management decisions.

Last Updated: 11/16/2009 1:03:17 PM