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Prepared by:

Name:[Trustee.FirstName][Trustee.LastName]

Company:[Trustee.Company]

Phone:[Trustee.Phone]

Email:[Trustee.Email]

Address:[Trustee.StreetAddress][Trustee.City], [Trustee.State][Trustee.PostalCode]

Land Trust Agreement Template

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Prepared for:

Name:[Landowner.FirstName][Landowner.LastName]

Company:[Landowner.Company]

Phone:[Landowner.Phone]

Email:[Landowner.Email]

Address:[Landowner.StreetAddress][Landowner.City], [Landowner.State][Landowner.PostalCode]

This Land Trust Agreement hereinafter referred to as the “Agreement”) made and entered into this [Document.CreatedDate], by and between:

Name: [Landowner.FirstName][Landowner.LastName], [Landowner.Company] and; Name: [Trustee.FirstName][Trustee.LastName], [Trustee.Company]

[Landowner.Company]/[Landowner.FirstName][Landowner.LastName]) (hereinafter referred to as "Landowner"); and [Trustee.Company]/[Trustee.FirstName][Trustee.LastName] (hereinafter referred to as “Trustee”);

Title of Trust

This trust is known as the (insert the name of the trust) and shall be referred to as “Trust.” in this Agreement.

Trust Land/Property

The Trust property shall consist of (insert the description of the land/property).

Purpose of the Trust

The purpose of the Trust is to manage, preserve, sustain, and protect the land as described in this Agreement and adhere to the provisions as stated in this Agreement.

Beneficiaries and Interest

The beneficiaries of the Trust shall include;

  1. (insert information about the first beneficiary)

  2. (insert information about the second beneficiary)

  3. (insert information about the third beneficiary)

Perpetuity

The Trust shall remain in effect for an unlimited period. It cannot be terminated by any of the parties until and unless there is a written agreement to terminate it and all parties duly sign it.

Death of beneficiaries

In the event of the death of any of the beneficiaries, the trust shall not be terminated. It shall be managed and held by the successors of the beneficiaries by the terms of this Agreement.

Compensation of the Trustee

The Trustee shall be paid an amount of (insert the amount with currency) for services rendered (insert time frame, like monthly, quarterly, or annually) upon approval of the Landowner.

Trust Management

The Trustee shall be responsible for the management of the trust property as per the terms of this Agreement and with the best interests of the beneficiaries in mind.

Duties of Trustee

  • Manage the trust per the Trust provisions;

  • Manage the trust resources;

  • Invest and reinvest trust funds;

  • File the trust taxes and keep accurate records of the trust finances;

  • Provide the beneficiaries with all records and information related to the trust;

  • Distribute trust funds to the beneficiaries as prescribed by the terms of this Agreement

Power of Trustee

The Trustee shall be authorized to perform the following powers in good faith and prudent judgment:

  • Manage, control, and protect the trust land/property;

  • Sell, lease, or otherwise transfer the trust land/property;

  • Make investments, contributions, and disbursements concerning the trust land/property;

Delegation

The Trustee may delegate any of their powers and duties under this Agreement to any other person or entity, provided that the Landowner approves such delegation in writing.

Severance

If any part of this Agreement is deemed invalid or unenforceable, the Agreement shall remain in full force and effect and be construed as though such provision was not a part of the Agreement.

Interests and taxes

The Trustee shall (insert as applicable: be/not be) responsible for paying any applicable taxes and interests related to the Trust, including but not limited to any federal, state, or local taxes.

Amendment of the Agreement

This Agreement may be amended in writing and signed by both parties.

Trustee not Liable

The Trustee shall not be liable for any damage or loss of the trust property caused by the Landowner or any authorized third party.

Notices

All notices required to be given shall be in writing and provided to the parties in person or by certified mail, return receipt requested.

Miscellaneous provisions

(insert a list of any other provisions, as applicable)

Governing Laws

This Agreement shall be governed by and construed under the laws of the State of [Landowner.State].

Agreed and Accepted

IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date first above written.

Signature
MM / DD / YYYY

[Landowner.FirstName][Landowner.LastName]

Signature
MM / DD / YYYY

[Trustee.FirstName][Trustee.LastName]

Land Trust Agreement

Used 4,892 times

Use this Land Trust Agreement Template to create a crucial document in minutes. It authorizes the trustee to exert authority over the land or possessions.

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FAQ

  • To complete a land trust agreement, finalize the property that needs to be transferred, and review the laws in your jurisdiction. You may consult a land use attorney if needed. Then, decide on the terms of the agreement, point to a reliable trustee, and identify the beneficiaries. Finally, draft the agreement, including any terms and conditions, and make sure the landowner and the trustee duly sign it. Save time and effort with a professionally-written land trust agreement template. 

  • A land trust agreement is a legal agreement between a landowner, and a trustee, which could be an individual or an organization. It empowers the trustee to manage land with or without holding the title of the land. Some land trust agreements are also known as ‘conservation easements.’ It allows the land to remain in its natural state while still authorizing some use, which could be for recreation, nature appreciation, or educational activities.

  • A land trust agreement should include the following provisions: 

    • Identities of all parties involved, which includes beneficiaries 

    • Details of the property, duration, and purpose of the trust 

    • Rights, obligations, duties, and delegation power of the trustee

    • Compensation to the trustee, and terms and conditions, if any 

    • Terms and conditions of the trust, if any, and any other pertinent details related to the land trust.

  • A land trust is an arrangement between a trustee and a landowner, which enables the trustee to exercise authority over the land. The trustee is given the right to manage and use the property without owning it. 

  • A land trust typically lasts until the expiration of the agreement — or until the trustee or the landowner terminates it. Eventually, it depends on what is stated in the agreement. It’s worth noting that certain land trusts are perpetual. This means that they will continue in perpetuity even after the death of the landowner or trustee.

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