When it comes to owning rural property in Alabama, land isn’t just an asset—it’s a legacy. Families often dream of passing it down to children or grandchildren, but without a clear plan, their land can become more of a burden than a blessing. As a Land Realtor and Registered Forester with over 35 years of experience, I’ve seen firsthand what works—and what doesn’t.
Here are some tips on how to pass down your Alabama land.
1. Get a Survey (Even If You Think You Don’t Need One)
A common issue I see is unclear boundaries. A certified property survey, performed by a professional land surveyor, ensures your heirs know exactly what they’re inheriting, eliminating confusion or legal battles down the road. It also helps immensely if the land is ever sold, by identifying easements and rights-of-way and preventing costly encroachments. I’ve seen a neighbor’s chicken coop just over the boundary line of the client’s property almost ruin a sale. We had to get the neighbor to sign a lease before the title company would insure the property.
2. Establish Clear Ownership and Title
Is the land in your personal name, jointly owned, an LLC or trust? This matters. Many Alabama landowners assume a simple Will is enough. In reality, the best way to protect your heirs is to consult an attorney who can recommend a title search and explore options like a living trust or family land LLC. This helps avoid probate and keeps land from being tied up in court.
Not having clear title during the closing period can give the purchaser the option of backing out of the contract. For example, I was helping with the sale of family land that belonged to an estate in Clay County, Alabama. There was a clear Will; however, because of the age of the Will, the title company required 27 heirship affidavits before they would approve the title for closing (the final step where property ownership officially transfers hands). This extra paperwork delayed the closing for over a month. The purchaser had the right to walk away because we could not meet the closing deadline but thankfully chose to continue with the purchase. Needless to say, all parties were frustrated.
3. Make sure a Family Member is Given the Task of Paying the Taxes
This seems like a simple one, but I’ve seen family land go up for sale on the courthouse steps due to unpaid taxes.
4. Share the Land’s Value—Not Just Sentiment
Yes, it’s “family land.” But it also has a market value. I recommend getting a professional evaluation so your heirs understand its true worth. This helps reduce conflict, especially if some family members want to sell and others don’t. As a Registered Forester, I also offer forestry services.
5. Put It in Writing: A Land Transition Plan
The best way to pass down land without passing on headaches? Write a clear plan.
• Organize Documents: Gather and digitize all property deeds, tax records, insurance policies, and maintenance histories.
• Assess Condition: Inspect the property for necessary repairs and address any major maintenance issues.
• Declutter Belongings: Start clearing out personal items to ease the burden on heirs.
• Review Finances: Confirm property taxes are current, understand mortgage status, and estimate ongoing costs.
• Consider Tax Implications: Research potential inheritance and capital gains taxes with a professional.
• Discuss with Family: Openly communicate your wishes and the plan for the property’s future. Will the land be sold or split? Who will manage the land?
• Consult Legal Counsel: Work with an estate attorney to draft or update wills, trusts, and deeds for legal transfer.
• Educate Heirs: Explain the property’s management structure and legal documents to those inheriting.
Need Help Evaluating or Selling Land in Alabama?
If you’re thinking about selling now—or just planning for the future—I can help. I’ve guided many Alabama landowners through the process of listing, valuing, and transitioning property.
Call me, Eddie Stone, at (205) 837-4466
Watch Video – Click HERE to watch Eddie’s Proven Process
Or click HERE to visit Eddie’s website to learn more about land sales, timber value, and rural property insights.
