Land Rights: Knowing How to Protect Your Property Rights

Understanding land rights is as important as having knowledge of the personal rights of citizens. The topic of land rights has been a contoversial issue for many indigenous groups. The ownership of land to them is spiritual and generational to groups like the Native Americans. In 2017, Native Americans protested against the Dakota pipeline which would have potentially contaminated their water with oil. While conflicts over land rights are not as vital in other places, understanding land rights and land ownership is essential to current and future occupants of the land.

In Georgia, there are various lands protected by law. The Georgia Forest Protection Act of 2008 provides for an ad valorem tax exemption for property primarily used for the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products and excludes the entire value of any residence located on the property. There are also laws in place for disputes between neighbors regarding tree damage and boundary fences.

Disputes over property rights are handled in courts. Many people have lost their land for pennies on the dollar because they either sold it for less than their value or lost it through foreclosure, or failure to pay taxes. Clyde Montgomery believes that the importance of land ownership is intertwined with understanding land rights. Montgomery has been in the homebuilding business for more than 30 years. “History shows us the value in owning land and this knowledge should be shared with the youth so that they understand that they have rights to inherited land,” Montgomery said.

In Georgia, there are simple ways to find unclaimed properties. If land is not claimed, it is auctioned off and sold for a value much less than the worth of the property. In fact, a simple online search for unclaimed property is all that is needed to find land that is available.

The rights of land helps to protect the environment as well as the occupants. However, conflict arises when the laws of that land are disputed. As long as their is an opportunity to make money, the fight for land rights will continue. While investors and developers seek out untouched soil to build businesses and luxury housing, the original occupants of the land will be the ones to suffer the most. Though the land rights differ by region, knowing your rights as a landowner will aide in protecting the history and traditions of families while also creating generational wealth.