Land Trusts are one of the tools of the real estate trade that are grossly underutilized. This living, revocable trust allows an investor to hold title to a piece of real estate. Since each individual property is represented by its own land trust, the investor can rest assured that he is maximizing his privacy and security, and not putting all of his investments at risk on every transaction. There seem to be countless arguments in favor of possessing a land trust—here is an abbreviated version.
The most important benefit afforded by a land trust is investor privacy. Any trust agreement is not public record. This means that the average Joe can’t simply hop on the internet and find out who owns a certain property through land trust. However, simple property ownership is public record, which means anyone can access sensitive information about an investor and all of the investment properties in his portfolio. Although this in itself is a nasty adverse effect of ownership, it says nothing about the legal ramifications of making that information available. If an investor owns a number of buildings in the same area, then the local government could easily track the accumulation of that owner’s violations (however minor), and eventually take him to court. With a land trust, however, it is much more difficult to find the owner of a property; and it is infinitely more difficult to compile a comprehensive list of the owner’s properties. This also makes it much more difficult (or perhaps just less appealing) to sue an owner bearing a land trust. Successful litigation is based on the money made through suit, so lawyers aren’t likely to file a case against someone with no assets. You could own 1,000 properties, but if they are all owned by a land trust, then a search of your name will not reveal a single one. It seems a lawyer would be more inclined to take a case against the owner of 1,000 properties than against someone with no assets.
The other benefits of a land trust all deal with the security of the investment. First, liens may not be applied to trust-owned properties. That is to say, if an investor has a land trust, then all personal judgements or liens that have been applied to him, may not then be associated with the value of the property. This secures the investor’s opportunity to profit from the investment, regardless of what else is happening with that investor. The trust is also not subject to title claims, which means if there is any controversy over the title and a title claim is made, then these claims are applied not to the owner, but to the trust which is attempting to sell the property. This means, once the property is sold, the trust has no remaining assets to which the claim or lien could be applied. Alternatively, such a claim made against an investor who had signed his own warranty deed could be financially devastating.
There are many other specific benefits of holding title in a land trust rather than in the name of the investor. Most are applied to specific scenarios (ways to avoid losing money in a homeowners’ association, transferring contracts, etc.). While you don’t need to know every single benefit of a land trust, it is important to know that it is an extremely useful—though underutilized—tool of real estate investment which adds a layer of increased privacy for the investor, and security for his investments.
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