Preserving the value of land
She sat on property off
She owns property off the
Her ranch near
"Land is all about intended use, whether it's secluded or for retail," Garner said. "Everybody's looking for something different in land."
Garner is a real estate agent and president of
She was one of about 110 people, mostly landowners, who attended a Value of Land Issues conference that focused on issues affecting land ownership such as estate planning, water lawn, family legacy and landowner liability.
Texas Agrilife Extension-
Liability
Garner's ranch is specifically for hunting with her family. They bought the ranch because land to hunt on is becoming harder to come by and leases can be expensive, Garner said.
Part of the reason they don't lease their land is because of safety, she said.
On the ranch she manages in Seadritft, hunters and fishermen are required to sign a waiver so the lodge can't get sued if they are injured.
There are five requirements to make a waiver of that nature binding on a public lodge or private land, said
The person signing the waiver must have a fair bargaining position, Fambrough said at the conference.
"If you're going to get a waiver, you get them to sign that waiver and tell them about that waiver when you enter your contract, not when they arrive the night before the hunt," Fambrough said.
Signers must also get something in return, which is the ability to hunt on the land.
The waiver must explicitly say the signer is holding the land owner harmless from negligence of dangers on the land. Those presented with the waiver must know what they're signing, and it can not be in the fine print.
Estate planning
The hunting ranch along with her river property is land that Garner hopes she can leave to her children.
She said she hopes she is teaching her children and grandchildren to build on what she has rather than using it all up.
If her children were to inherit the land, they would have to pay an estate tax on it.
Depending on how land is given away, it is subject to different taxes, said
"Land going to one person, that's just a gift or an inheritance," Henry said. "A retirement plan going to another one, when they receive it, it's subject to income tax. So you have to take into consideration those kinds of issues."
Garner hopes her family will realize the value of the land, she said.
"It is all about the future generation," Garner said. "If I can have something for them to build on, I'd love that because it's hard to start with nothing."
Mineral rights
Many landowners, Garner included, can get lost when it comes to the mineral rights of their land and the possibilities of fracking on their land.
Natalie Thunderbolt, a research assistant with Texas A&M's Institute of Renewable Natural Resources spoke to land owners at the conference about what rights they have and the environmental impact the oil business could have on their land.
When Garner sells any land with mineral rights, she consults a lawyer, she said.
"That's out of my area of expertise and especially recently," Garner said. "For years it was very simple; it's not simple anymore."
Whoever has mineral rights to a tract of land can lease those rights to a company so they can explore for oil and gas. Mineral rights owners have rights to use the surface to drill wells, build roads to access the wells and other activities.
Surface rights owners would have to negotiate an agreement with mineral rights owners to restrict the use of the land to access minerals.
Garner's home, which falls within
"The mineral rights on this have already been preserved by like two or three buyers ago, so we have surface rights," Garner said.
___
(c)2016 Victoria Advocate (Victoria, Texas)
Visit Victoria Advocate (Victoria, Texas) at www.victoriaadvocate.com
Distributed by Tribune Content Agency, LLC.



Advisor News
- Trump bets his tax cuts will please Las Vegas voters on his swing West
- Lifetime income is the missing link to global retirement security
- Don’t let caregiving derail your clients’ retirement
- The ‘magic number’ for retirement hits $1.45M
- OBBBA can give small-business clients opportunities for saving
More Advisor NewsAnnuity News
- Human connection still key in the new annuity era
- Lifetime income is the missing link to global retirement security
- ‘All-weather’ annuity portfolios aim to sharply limit rainy days
- Annuity income: The new 401(k) standard?
- Smart annuity planning can benefit long-term tax planning
More Annuity NewsHealth/Employee Benefits News
- TRUPANION AND AMERICAN HUMANE SOCIETY PARTNER TO PROTECT ADOPTED PETS FROM DAY ONE
- Federal judge sides with Oregon Right to Life in abortion insurance coverage case
- Reports from Department of Orthopaedic Surgery Add New Data to Findings in Arthroplasty (Insurance Status and Patient Outcomes After Total Ankle Arthroplasty): Surgery – Arthroplasty
- Man with AR-style pistol arrested at Aetna's Connecticut headquarters without incident
- Federal judge sides with Oregon Right to Life in abortion insurance coverage case
More Health/Employee Benefits NewsLife Insurance News
- AI and life insurance: Fast today, unpredictable tomorrow
- Judge allows PHL policyholders to intervene, denies ‘premium holiday’
- eHealth expands into final expense insurance
- CID hosts info session for PHL Variable policyholders
- ‘Seismic changes’ cloud global economy, analyst says
More Life Insurance News