Land Ownership & Agreements

No two community gardens are exactly alike, and that goes beyond just the plants they grow. The land beneath them can be public or private, borrowed or owned, donated or leased. Some gardens thrive on city property with government support, while others make use of an overlooked vacant lot with a handshake agreement. Some are permanent fixtures of a neighborhood, while others exist temporarily, filling a space until new development takes over.

How a community garden is established depends largely on the land it occupies and the agreements that make it possible. Below is a breakdown of the various land ownership models that support community gardens, along with the agreements that help ensure they remain sustainable and accessible.

Types of Community Garden Land Ownership and Agreements

Individually Owned Land

Ownership: A single private landowner owns the property.

Agreements:

The owner may donate, lease, or allow informal use of the land for gardening.
A formal lease or memorandum of understanding (MOU) can outline terms, including duration, maintenance, and permitted activities.
Some agreements allow the owner to retain rights, such as limited access or the ability to end the agreement with notice.

Collectively Owned Land

Ownership: A group of individuals (e.g., neighbors or community members) jointly owns the land.

Agreements:

A legal entity such as a cooperative or LLC may be formed to manage the garden.
A shared agreement governs decision-making, plot allocation, and cost-sharing.
Bylaws or a charter may be established to ensure long-term sustainability.

Nonprofit-Owned Land

Ownership: A nonprofit organization holds the deed to the land.

Agreements:

The nonprofit may dedicate the land to gardening as part of its mission.
A partnership agreement outlines responsibilities between the nonprofit and the gardeners.
Grants and fundraising may support garden infrastructure and operations.

Church or Faith-Based Organization Land

Ownership: A church, synagogue, mosque, or other religious institution owns the property.

Agreements:

The land may be designated for community outreach or food security efforts.
A formal agreement defines the garden’s purpose, rules, and maintenance plans.
The garden may align with the faith organization’s mission by providing fresh produce to those in need.

Municipal or Publicly Owned Land

Ownership: The land is owned by a local government (city, town, or county).

Agreements:

A community group partners with the municipality to use the land.
A land-use permit or formal agreement (often through a parks department) is issued.
The agreement may include provisions for liability, public access, and maintenance.

School or University-Owned Land

Ownership: A school, college, or university owns the land.

Agreements:

The garden may be used for education, nutrition programs, or student projects.
A formal partnership agreement defines how the garden is maintained and by whom.
The garden may be integrated into curriculum-based learning or managed by a student organization.

Land Trust-Owned Land

Ownership: A land trust or conservation group holds the property, often with a focus on sustainability.

Agreements:

A long-term lease or stewardship agreement ensures responsible land use.
Gardening activities may be subject to conservation guidelines.
The land trust may provide technical support or funding.

Business or Corporate-Owned Land

Ownership: A private business or corporation owns the land.

Agreements:

The company may donate or lease the space as part of a corporate social responsibility initiative.
A formal agreement covers liability, maintenance, and usage terms.
The garden may serve as a community benefit project or employee wellness initiative.

Vacant Lot or Abandoned Land

Ownership: The land may be privately owned but unused, neglected, or in legal limbo.

Agreements:

The community negotiates temporary or permanent use with the owner.
A lease, license, or adverse possession claim may be used to secure access.
In some cases, the local government or a land bank may facilitate transfer of ownership.

Community Land Cooperative

Ownership: The land is owned collectively by the gardeners or broader community.

Agreements:

Members form a cooperative to purchase and manage the land.
Contributions may be in the form of membership dues or labor.
A governance structure ensures fair and democratic decision-making.

Leased or Rented Land

Ownership: The land is privately or publicly owned, but the community group leases or rents it.

Agreements:

A lease specifies the terms, duration, and rent (if applicable).
Some landowners offer reduced or free leases for community benefit.
Renewal options may be included to provide long-term stability.

Donated Land

Ownership: The land is gifted by an individual, business, or organization.

Agreements:

A deed transfer or gift agreement outlines ownership and intended use.
The donor may set conditions, such as requiring the land to remain a garden.
The receiving group or nonprofit must ensure the land remains in compliance with any stipulations.

Temporary or Pop-Up Gardens

Ownership: The land may be publicly or privately owned but available for only a short time.

Agreements:

A temporary use agreement or permit is secured.
The garden is designed to be mobile or easily dismantled.
This model is ideal for repurposing vacant lots before development begins.

Shared-Use Land

Ownership: The land is owned by an entity that allows multiple uses (e.g., a park, farm, or business).

Agreements:

A shared-use agreement allocates designated space for the garden.
The agreement defines how the space is divided and maintained.
The garden coexists with other activities, such as recreation or urban farming.

Crowdfunded or Community-Purchased Land

Ownership: The land is bought collectively through community fundraising or crowdfunding.

Agreements:

A legal entity is formed to hold the title and manage operations.
Contributors may receive membership or voting rights in the garden’s governance.
A long-term plan is established to maintain the land and ensure financial sustainability.

Finding the Right Fit for Your Garden

Every community garden starts with a piece of land—but how that land is acquired and managed can vary widely. The right approach depends on local resources, the goals of the gardeners, and the willingness of landowners to collaborate. Whether it’s a temporary pop-up garden on a vacant lot or a permanent community-owned green space, every land model has the potential to create something lasting and valuable.

By understanding the different land ownership structures and agreements, communities can build gardens that not only grow food but also foster long-term sustainability, engagement, and shared stewardship. No matter where it starts, a garden has the power to bring life to both the land and the people who care for it.

Securing Land for Your Community Garden

Finding the right space for your community garden is about more than just an open lot—it requires planning, negotiation, and legal considerations. Here’s how to secure land that will support a thriving garden for years to come.

Engaging Landowners & City Officials

Finding Potential Sites

Look for vacant lots, underutilized public land, or property owned by institutions like schools or churches. Key factors include accessibility, sunlight, water availability, and community proximity.

Making Contact & Presenting Your Case

Identify the owner through property records or city offices.
Craft a proposal outlining your vision, community benefits, and sustainability plan.
Meet in person to discuss the garden’s impact and address concerns.
Engage city officials early if the site requires zoning approval or permits.

Securing Agreements & Managing Liability

Lease Agreements

A formal agreement ensures stability and protects all parties. A good lease should define:

Lease term and renewal options
Land use permissions (gardening, events, structures)
Responsibilities (maintenance, water access, insurance)
Termination clauses to avoid unexpected eviction

Liability & Insurance

Waivers: Require gardeners to sign liability waivers.
General Liability Insurance: Covers accidents on-site.
Indemnification Clause: Ensures the garden organization, not the landowner, assumes risk.

Navigating Zoning & Permits

Before finalizing a site, check:

Zoning codes to confirm community gardens are permitted
Permits for water access, fences, sheds, or public food distribution
Environmental restrictions like protected land use or contamination concerns

Budgeting & Timelines

Securing land takes time and may involve costs for legal fees, insurance, permits, and site preparation. Expect a process that spans a few months, with key steps including:

Task	Estimated Timeframe
Identify & research sites	2-4 weeks
Engage owners & officials	4-8 weeks
Negotiate lease & insurance	6-12 weeks
Secure permits & finalize agreements	4+ weeks

A well-secured site is the foundation of a successful community garden. By building strong relationships, navigating legalities, and planning ahead, you can ensure long-term success. Once the land is secured, it’s time to design your space and start growing!