By: Connor H

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The provided text from the American Landowner Alliance discusses landowner liability towards different categories of individuals on their property, distinguishing between licensees, invitees, and uninvited guests, and outlining the varying standards of care owed to each. It also addresses common questions for new landowners who inherit property, exploring options such as leasing for farming or hunting, selling timber, or personal use, while highlighting the associated financial considerations like taxes, insurance, and maintenance. The resource aims to guide and educate landowners on their responsibilities and potential avenues for managing their property.

Whether you’re a bird enthusiast, a forester, a conservation advocate, or a hunter, the aspiration of owning a piece of land for recreational purposes can be the culmination of years of hard work and savings, allowing you to proudly call yourself a landowner. The joy and fulfillment derived from spending quality time with family and friends on your property are immeasurable, and the financial return on your investment will further affirm your choice to own land.

However, with ownership comes various responsibilities and an obligation to those you invite—and even those you don’t—who come to hunt or enjoy activities on your land.

Licensees: Guests You Invite

As a landowner, you might host family, friends, or employees for events like picnics on your property, or grant permission to a hunter. Those who are invited or have your consent to be on your land without any direct benefit to you are legally classified as licensees. Landowners who allow others to enjoy their property must exercise reasonable care to ensure a safe and hazard-free environment.

Old wooden barn on unoccupied rural property

Invitees: Visitors Who Benefit You

Individuals who are invited to the property for the landowner's benefit—such as foresters, land managers, or farm lessees—are known as invitees and should expect a higher standard of care from the landowner. Since they are on the property specifically for the landowner's advantage, the law is explicit: if a landowner is aware of a hazardous condition that poses an unreasonable risk of harm, which visitors would not reasonably recognize, they must take appropriate measures to either eliminate the danger or inform visitors of it.

Invitees receive the highest level of protection because their presence serves the landowner's business interests. This means that, regarding invitees, the landowner is required to conduct thorough inspections of the property to ensure it is safe for visitors.

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Banner noting $80 million paid to landowners through hunting leases

Trespassers: The Uninvited

There is also a third category of visitor known as the uninvited.

Related reading: How Can I Prevent Guest Accidents and Injuries on My Property? | What Is an Attractive Nuisance and How Could It Be Used Against Me If Someone Is Hurt on My Land? | Are Special Events, Fundraisers, Etc. Covered By State Statutes If I Allow These on My Property for Free?

Frequently asked questions

There are three main classifications of individuals who may be on a landowner's property: licensees, invitees, and uninvited individuals. Licensees are those invited onto the property without directly benefiting the landowner, such as social guests or permitted hunters. Landowners owe licensees a duty of reasonable care to ensure a safe environment. Invitees are individuals invited onto the property for the landowner's benefit, such as foresters or lessees. Landowners owe invitees a higher standard of care, including a duty to inspect the property for hidden dangers and either eliminate them or warn the invitees. Uninvited individuals, such as trespassers, generally receive the least protection under the law, though landowners still cannot intentionally harm them.

New landowners inheriting property should anticipate several immediate and potential costs. These typically include property taxes, which may have current and past-due amounts. Estate or inheritance taxes could also be applicable depending on the circumstances of the inheritance. Existing financial encumbrances on the property, such as mortgages, liens, and HOA or community fees (including any arrears), become the new owner's responsibility. Securing property insurance is a crucial immediate expense, as are ongoing maintenance costs to keep the property in good condition.

Upon inheriting land, a new owner has several key options to consider. They can generate revenue by leasing the land for agricultural purposes (farming) or for recreational activities like hunting. Selling the property outright is another significant option for those not wishing to manage or retain it. If the land contains marketable timber, harvesting it can provide income. Finally, the owner may choose to retain the land for their personal use and enjoyment, which comes with its own set of responsibilities and potential costs.
Leasing farmland offers several benefits to a landowner. It provides a relatively passive income stream, particularly for those without farming expertise or interest in managing agricultural operations. It helps ensure the land remains productive and well-maintained, preventing issues like overgrown vegetation. Furthermore, the presence of farmers on the property can offer a degree of informal security and oversight, which is especially valuable if the landowner lives remotely. Common farm lease types include cash rent (fixed payment) and crop share (division of costs and profits).
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