Reaching an agreement to turn vacant land into community green space
One of the fastest and easiest ways to get access to land can be through an agreement with a private owner, if you know or are able to find the owner of the vacant lot. As in any land use agreement, defining the terms of use is very important. These terms are meant to define the rights and responsibilities of both parties: the landowner and the gardener or farmer.
Important Elements of a Private Land Use Agreement:
When developing a land use contract with a private landowner, make sure both you and the landowner are in agreement about what piece of land the agreement covers, how you will be using the land, and other important factors.
Land: Specifications of size and location
Use of Land: Specification of uses and by whom
Term: Duration of use, how to renew the agreement, and farm’s rights if land is sold mid-season
Right of Entry: Who is allowed to enter the property. Will this property be a farm or garden that only workers and volunteers will use, or will it be a public space?
Work Schedule: Days and times of most farming activities with exceptions by landowner permissions
Growing Practices: Farmers’ use of tools/machinery and landowner’s responsibility to restrict activities like use of chemicals in order to maintain the farm’s organic standards.
Water Usage: Clarification of source, use, and payment
Garden Maintenance: Specifies responsibilities of landowner and farmer in maintenance of plot
Garden Produce: Clarification of ownership of produce from the land
Compost: Agreement on use and location of compost pile and perhaps use of landowner’s acceptable yard and kitchen wastes
Payment: Type and amount of payment to the landowner for use of the land; can be monetary or in-kind through share of crops
Liability: Ideally, a two-way release of liability. Both the landowner and gardens/framers give indemnity, or exemption from legal responsibility, to the other over specific scenarios and responsibilities for their respective uses of the land. Some landowners will require garden groups to acquire liability insurance. The American Community Garden Association provides one option, offering affordable liability insurance policies for its members. For more information on liability insurance, see our resource page on insurance [link to legal resources page].
The majority of these terms were gathered from Alymer Backyard Farms’s Land Use Agreement and adapted for use on UrbanAgLaw.org, maintained by the Sustainable Economies Law Center (SELC).The Sustainable Economies Law Center has developed a sample agreement, which is available here.
This document is meant to be a living document of resources and recommendations for those growing food for themselves, their neighbors or others. If you would like to add a resource to this page, or if you see something on this page that appears to be inaccurate, please contact Jonathan McJunkin.