By: Lara Herboldsheimer

Whether you’re a conservationist, a die-hard hunter, or someone who just finds peace in a quiet stretch of timber, seeing your name on a property deed is the ultimate milestone. It’s the payoff for years of grit and saving—a place to build a legacy and watch your family grow.

But as any seasoned landowner will tell you, the title "Landowner" is more than just a badge of success. Once you own the dirt, you aren't just a visitor; you are the steward of the soil and the person legally responsible for everyone who steps foot on it.

The Benefits: Why We Own the Dirt

Before diving into the "homework" of ownership, it’s worth remembering why we do this. Land is one of the few investments that offers both financial security and a soul-deep return.

• Appreciation & Flexibility: Land is a finite resource that naturally gains value over time. Whether you use it for ranching, farming, or a hunting lease, it offers multiple streams of potential income.

• Minimal Upkeep: Compared to the constant "honey-do" list of a house, vacant land requires relatively little to keep it up and running.

• Low Overhead: Costs like utility bills and insurance are minimal compared to the expenses of maintaining a building.

• Health & Freedom: Perhaps the biggest perk is the ability to escape the noise. Owning land gives you the freedom to enjoy fresh air and the physical benefits of outdoor recreation whenever you choose.

The Responsibility: Understanding Your Guests

Opening your gates is a generous act, but from a legal perspective, your guests fall into different categories. Your level of responsibility changes based on who they are.

1. The Licensee (Friends & Family)

Any person who has your permission to be on your property for no direct benefit to you is a licensee. You must act with "reasonable care" to provide a safe, hazard-free environment.

Pro Tip: The AHLA has a free 7-Step Guide for Landowners to help make your property safer for guests. View it here.

2. The Invitee (Professionals & Contractors)

These are people on-site for your benefit (foresters, land managers, farm lessees). They are afforded the highest level of legal protection. You must inspect the property, warn them of risks, and ensure any hired help provides proof of insurance with you listed as "additionally insured."

3. The Trespasser (Uninvited Guests)

Even if someone is on your land without permission, you still have a baseline "duty of care." You can be held responsible if you are aware of habitual trespassing and do nothing to secure the area, or if you have an attractive nuisance—like an old tractor or open mine—that might entice a child to investigate.

Make Sure You're Covered!

While several states have passed legislation to protect landowners from large settlements, these laws cannot prevent a lawsuit from being filed in the first place. Defending yourself in court costs both time and money, regardless of the outcome.

For a relatively small amount, vacant land insurance (also referred to as timberland or landowner liability insurance) can be purchased to protect your assets. This coverage is specifically intended for visitors who have not paid a fee to access the property. If you do charge a fee—such as for a hunting lease—there is a similar, specialized liability option available.

The American Hunting Lease Association (AHLA) remains committed to protecting the assets of landowners while providing outdoor enthusiasts with access to private land. The responsibility of owning land is great and rewarding; let us help you make sure you are fully covered.

Take the Next Step: Visit the American Hunting Lease Association at www.ahuntinglease.org to see how affordable vacant land liability insurance can be.

Protecting Your Legacy

Ownership is a journey that balances the joy of the land with the duty of the owner. By understanding these legal distinctions and performing regular maintenance—like capping old wells or marking boundaries—you ensure your property remains a safe refuge for generations to come.

Frequently asked questions