The Goal
Safeguarding Land and Family Legacy for Future Generations
This multi-generational farm family approached UnCommon Farms with a strong sense of purpose: to ensure the farmstead their ancestors established over 150 years ago would continue to benefit the family for generations to come. Their core objective was to preserve the original homestead—rich with history and heritage—in a way that honored its significance and prevented its future loss or division.
In addition, the family wanted to thoughtfully handle the farmland they had acquired during their own farming career. They sought to distribute this land to their children in a way that felt fair and sustainable, while also providing some level of structure to protect the family’s broader agricultural interests. Their vision was rooted in stewardship—balancing individual ownership with shared responsibility for the legacy of the land.
The Challenges
Family Stability and Financial Uncertainty
One of the primary concerns was the stability and financial responsibility of the next generation. The parents were understandably cautious about potential marital issues or creditor problems among their children that could lead to the loss of farmland. Without protections in place, even the most well-intentioned plans could unravel, putting the family’s legacy at risk. This concern was not theoretical—it was informed by history. Over the past four generations, this same farmland had been repeatedly lost and repurchased by family members, creating both financial strain and emotional frustration. The family was determined not to repeat this cycle again.
The Pressure of Market Dynamics
Beyond family dynamics, economic factors added another layer of complexity. The current disparity between strong land values and low cash rental rates in their region created a potential incentive for liquidation. If future heirs inherited the land with a stepped-up basis but lacked a strong attachment to farming, they might be inclined to sell rather than continue operating or holding the land. The family needed a plan that would remove that temptation and provide long-term direction—one that would prioritize the preservation of the farm over short-term financial gain.
The Recommendations
At UnCommon Farms, we believe that legacy is more than land—it’s about preserving relationships, values, and a shared sense of purpose. Our recommendations were built around those principles.
Establishing a Land Trust for the Heritage Farm
To protect the land homesteaded in the 1800s, we recommended placing the core acreage into a family land trust. This trust serves as a long-term stewardship tool—designed to preserve the land as a unified asset that remains protected regardless of future life events.
The land trust ensures:- Ongoing income from the farm can be distributed among heirs
- Protection against creditors or unexpected legal risks
- Continuity of ownership without requiring heirs to repurchase or divide the land
This structure supports the family’s desire to honor their heritage while offering a dependable framework that keeps the land secure for generations to come.
Offering Flexibility with a Family Entity for Other Farmland
For the farmland purchased during the family’s farming career, a more flexible structure was recommended. Depending on the family’s preferences and dynamics, this land could either be distributed outright or placed into a less restrictive family entity, such as a partnership or LLC.
This approach offers several benefits:- Partial protection from creditors without the limitations of a trust
- Flexibility for heirs to buy or sell their interests over time, with built-in safeguards
- Assurance that no single heir can force a sale or partition without a supermajority vote
This strategy allows for both ownership and autonomy—recognizing the evolving nature of family dynamics while still protecting the integrity of the land.
At UnCommon Farms, our goal is always to help families make decisions that preserve both legacy and opportunity. In this case, we were honored to guide a family through a pivotal moment—helping them move from uncertainty to clarity, and from concern to confidence. Their story is a reminder that thoughtful planning doesn’t just protect acres—it protects values, relationships, and the future of family farming.
