Tend & Keep Community Building · Lesson 4 of 6 · Owning land together Course home
Community Building · Lesson 4 of 6

Owning land together: co-ops, LLCs and land trusts

Legal structures that protect people and land
About 30 min to read5 partsStructure fit tool and buyout calculatorHands-on practice

Buying land together is the moment a community dream becomes real, and the moment it can go most wrong. The legal structure you choose decides who owns what, how families get mortgages, what happens when someone leaves, and whether the land is protected for your grandchildren.

This lesson won't make you a lawyer. It will help you understand the main options well enough to have a good conversation with one, and to choose a structure that matches your vision, not the other way around. California is one of the most demanding states, so we use it as the example, with notes for other states.

By the end of this lesson you will be able to
  1. 1Describe six common ways to own land together.
  2. 2Explain the California rules that shape your choice.
  3. 3Choose a structure that fits your group’s goals.
  4. 4Agree on a fair buyout formula before anyone needs it.
  5. 5Prepare good questions for an attorney.
Part 1

Six ways to own land together

Each structure answers the same questions differently: Who's on the deed? Can families get ordinary mortgages? How easy is it to leave? Who protects the land?

Landlord

One owner, others lease

One person or family owns the land and leases homes or sites to the rest.

Strengths. Simple and cheap to start.

Watch out. Everyone else has little security or say. This is the "landlord trap" from Lesson 1.

TIC

Tenancy in common

Several owners share one deed, each with a percentage, bound by a written TIC agreement.

Strengths. Everyone owns real property. Fairly simple for two to four households.

Watch out. Hard to finance. In California, five or more undivided interests usually require a state public report. Any owner can ask a court to force a sale unless the agreement clearly waives it.

LLC

Limited liability company

An LLC owns the land. Households own membership shares under an operating agreement.

Strengths. Flexible rules, limits personal liability, easy to transfer shares.

Watch out. California charges at least $800 a year. Selling memberships to raise money can count as selling securities. Members usually don’t get ordinary home mortgages.

Condo or PUD

Condominium or planned development

Each household owns its home or lot. An association owns the shared land and buildings.

Strengths. Normal home mortgages and resale. A common form for U.S. cohousing.

Watch out. Requires subdivision approval, and in California a public report for five or more units, plus HOA rules under the Davis-Stirling Act.

Co-op

Housing cooperative

A cooperative corporation owns everything. Members own a share and an occupancy agreement.

Strengths. Strong shared control. A limited-equity co-op keeps homes affordable for good.

Watch out. Financing uses one blanket mortgage for everyone. Fewer lenders, and members carry shared risk.

CLT

Community land trust

A nonprofit owns the land forever. Families own their homes on a renewable 99-year ground lease.

Strengths. Protects the land and affordability for generations. In California, assessors must consider the resale limits when valuing a CLT home.

Watch out. Resale prices are limited by a formula, so households build less equity. Takes nonprofit governance.

The community land trust story. The first well-known community land trust in the U.S., New Communities, Inc., was founded in 1969 near Albany, Georgia, by civil rights leaders including Charles Sherrod and Slater King, on about 5,000 acres of farmland. Today there are more than 300 land trusts across the country.
Part 2

The California rules that shape everything

Subdivision Map Act

Dividing land

Splitting one parcel into separate lots for separate owners needs county approval: a parcel map for four or fewer lots, and a full subdivision map for five or more.

Subdivided Lands Act

The public report

Selling five or more lots, units or even undivided shares in one property generally requires a public report from the Department of Real Estate first. Some exemptions exist, such as interests held only among close relatives.

LLC costs

At least $800 a year

Every California LLC pays the $800 minimum franchise tax, including in its first year, plus a fee once yearly receipts pass $250,000.

Partition

The forced-sale risk

Co-owners in California have a strong right to ask a court to divide or sell a property. A written agreement can waive it, but courts read waivers strictly, so it must be clear and specific.

Other states

Most states have some version of these rules, but many are lighter. LLC fees are much lower in many states, and some don’t require a state report for small undivided-interest sales. Always check your own state’s real estate department and your county’s planning office before you buy.

Part 3

The hybrid village

Many of today's most successful communities don't pick just one structure. They combine them, so families get the security of owning their own home, the village shares a true commons, and the wild land is protected no matter what happens later.

One village, three kinds of ownership.common houseshared gardensorchard and play meadowHousehold lotsThe commonsProtected landPrivate homes for stability and normal mortgages. A shared commons for village life. Protected land for the generations.
A common pattern for cohousing and ecovillages today. Details depend on your county’s zoning and subdivision rules.
Try it · your own group

Which structure fits us?

A starting point for the conversation with your attorney, not a legal answer.

Part 4

When someone leaves

Every community eventually has a household that moves away: a new job, aging parents, a change of heart. Without an agreed formula, the departing family may want today's market value while those staying can't afford to pay it. Agree on the formula now, when no one is leaving.

Try it · a household leaves

Fair buyout calculator

Agree on your formula now, while everyone is happy. Compare three common approaches.

FormulaBuyout
Put it in writing
  • How much notice a leaving household gives
  • The buyout formula, and who orders the appraisal
  • How long the community has to pay
  • Whether the community or members get first chance to buy
  • How new buyers are approved through your membership path
  • What happens at death or divorce
Keep a reserve

A buyout fund, built a little each month from dues, means the community can pay a departing family on time without a crisis. Many groups also allow the leaving household to sell its share directly to an approved new member, which spreads the cost.

Part 5

Working with professionals

This is the lesson where professional help is essential. A real estate attorney who has worked with cohousing, co-ops or land trusts is worth every dollar, along with an accountant and a title company. Bring your vision, your agreements from Lesson 2 and your decision process from Lesson 3. They'll shape the legal documents.

Questions to bring
  • Which legal structures fit our county’s zoning and subdivision rules?
  • Will we need a public report from the Department of Real Estate?
  • Are our membership shares securities, and is there an exemption?
  • How will each household finance its part?
  • What happens to a household’s share at death, divorce or leaving?
  • What are the property tax and income tax effects?
  • How do we protect the land if the group ever dissolves?
Where to find help

The Cohousing Association of the United States lists professionals who work with communities. Grounded Solutions Network supports community land trusts. The Foundation for Intentional Community has legal resources and stories from groups who've done it. Ask other communities who they used, and what they'd do differently.

Hands-on practice · two gatherings and one consultation

Compare ownership structures for your land

Work through the structure fit tool and the buyout calculator together, agree on your top two structures, and take your questions to a qualified attorney.

You'll need

  • The fit tool and buyout calculator above
  • Your vision and agreements from Lesson 2
  • A rough budget for the land and building
  • The list of questions for an attorney
  • Contact details for two or three attorneys

Do it together

  1. Each household takes the fit tool separately, then compare.
  2. Agree on your top two structures, or a hybrid.
  3. Run the buyout calculator together with realistic numbers.
  4. Choose a buyout formula and write it down.
  5. Call your county planning office about zoning and subdivision rules for your land.
  6. Interview two attorneys who have worked with communities.
  7. Record what you learned and the next decisions to make.
CHILDREN AND TEENS

Include the young

  • Walk the land together and talk about what should be protected forever
  • Teens can run the buyout calculator and explain the difference
  • Draw a map of the hybrid village for your own land

Save your structure comparison, buyout formula and attorney notes for your progress record.

Closing

Holding land in trust

However the deed reads, land shared well is held in trust: for each other, for the families who'll come after, and for the creatures and waters that were here long before any of us. A good legal structure is how a community makes that promise in a form that lasts.

Next: even the best structure can't prevent every disagreement. We turn to conflict, and how to repair what gets broken.

Worksheet

Your Lesson 4 worksheet

Work through these together. Your answers save on this device as you type, and print cleanly for your records.

For your homeschool records

Progress record

What this lesson practices:

  • EconomicsProperty rights, equity, inflation and financing (Voluntary National Content Standards in Economics 1, 12, 13).
  • CivicsState and local law: subdivision, real estate and business entity rules (NCSS theme 6).
  • MathCompound growth, percentages and payment schedules.
  • Life skillsFinancial literacy and planning for shared ownership.

Standards mapping is a draft. If you use charter or ESA funds, confirm it with your education specialist.

Sources for this lesson