How to Sell Massachusetts Trust-Owned Land in 2026

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How to Sell Massachusetts Trust-Owned Land in 2026
By

Bart Waldon

Massachusetts land values—and the rules that govern how land can be used—have changed quickly in recent years. For trustees and beneficiaries, that means selling land held in a trust now requires more than setting a price and signing a deed. You need a clear understanding of the trust’s authority, any conservation or agricultural restrictions, current market conditions, and the practical steps that keep a sale compliant and smooth.

On the market side, Massachusetts farm real estate values averaged $14,900 per acre in 2025, according to the USDA National Agricultural Statistics Service (NASS) Land Values 2025 Summary Report (via the American Farm Bureau Federation). That same report notes Massachusetts recorded the second-highest average farm real estate values in the country at $14,900 per acre in 2025, according to USDA NASS Land Values 2025 Summary Report via American Farm Bureau Federation. Even within the state, values vary by land type: cropland values rose by $260 per acre year over year in 2025, per USDA NASS Land Values 2025 Summary Report via American Farm Bureau Federation. On the policy and preservation side, farmland protection continues to expand—sometimes affecting what can be sold, how it can be marketed, and who will buy.

Understanding land held in a Massachusetts trust

A trust is a legal structure that holds and manages property for beneficiaries. When the trust owns land, the trustee is the decision-maker and signer—within the limits set by the trust document and Massachusetts law. Trust-owned land can include:

  • Vacant lots and buildable parcels
  • Farmland and timberland
  • Residential property, mixed-use land, or property with outbuildings

Common trust types you may encounter include:

  1. Revocable trusts (often used for estate planning while the grantor is alive)
  2. Irrevocable trusts (typically harder to modify and sometimes require court involvement to resolve disputes or restrictions)
  3. Conservation-oriented arrangements where land is encumbered by restrictions that limit development

The key idea: the trust document controls the sale mechanics (who approves, who signs, how proceeds are distributed), while Massachusetts property law controls the transaction (deed, disclosures, recording, liens, title, and tax rules).

Why farmland protections matter when selling trust-owned land

Many Massachusetts parcels—especially larger tracts and agricultural properties—carry permanent or semi-permanent restrictions that shape buyer demand and pricing. As of December 8, 2025, over 76,445 acres of farmland have been protected across Massachusetts through the Agricultural Preservation Restriction (APR) Program, according to the Massachusetts Department of Agricultural Resources (MDAR). MDAR also reports it currently holds 995 APRs as of 2025, per MDAR.

These restrictions can affect:

  • Highest and best use (for example, farming versus subdivision potential)
  • Buyer pool (often more specialized)
  • Due diligence and timelines (additional review, documents, and sometimes agency coordination)

APR activity also signals how active the transfer environment can be. In Fiscal Year 2025, there were 7 APR ownership transfers, according to MDAR. MDAR also highlights targeted preservation work, including that in Fiscal Year 2025, 448 acres of Pine Island Farm in Sheffield were brought into the APR Program using ARPA funds, per MDAR.

At the same time, the state is investing in farm viability initiatives that can influence land stewardship and long-term value. In Fiscal Year 2025, $546,163 in grants were awarded for 12 projects implementing 8 different tasks under Goal 3 – Viability of farms and farmland, according to MDAR.

These trends matter because buyers increasingly ask: “What can I do with this land?” and “What restrictions run with the deed?” Trustees who prepare clear answers typically reduce renegotiations and failed closings.

Key steps to sell Massachusetts land in a trust

1) Review the trust document (and confirm trustee authority)

Start by reading the trust instrument closely. It should spell out:

  • Whether the trustee has explicit power to sell real property
  • Whether beneficiaries must be notified or must consent
  • Any pricing, timing, or distribution requirements
  • Any special instructions (for example, retain land for farming, limit buyers, or handle proceeds in a specific way)

2) Obtain required approvals

Approvals can come from different sources depending on the trust terms and situation:

  • Beneficiaries (some trusts require consent, especially for major asset sales)
  • Co-trustees (if more than one trustee is named, the trust may require joint action)
  • Court approval (occasionally needed for disputes, unclear authority, or certain irrevocable-trust situations)

3) Identify restrictions, liens, and land-use constraints early

Before you set a price or accept an offer, confirm what the buyer will actually receive. For example:

  • Check for conservation restrictions, APR enrollment, or other deed restrictions
  • Confirm access (frontage, easements, paper roads)
  • Resolve liens, municipal charges, or title defects

This step is especially important in Massachusetts, where farmland preservation is extensive. With 995 APRs held by MDAR as of 2025, per MDAR, many agricultural parcels require extra documentation and careful marketing to the right buyer profile.

4) Determine value using current Massachusetts benchmarks

Trustees have fiduciary duties, so pricing should be defensible. Use multiple inputs:

  • Appraisal by a Massachusetts-licensed professional experienced in land
  • Comparable sales adjusted for access, wetlands, zoning, and restrictions
  • Current market indicators for farm and cropland values

As a statewide benchmark, Massachusetts farm real estate averaged $14,900 per acre in 2025, according to USDA NASS Land Values 2025 Summary Report via American Farm Bureau Federation. The same source reports Massachusetts had the second-highest average farm real estate values in the nation at $14,900 per acre in 2025, per USDA NASS Land Values 2025 Summary Report via American Farm Bureau Federation. If your property is working cropland, note that Massachusetts cropland values rose by $260 per acre year over year in 2025, according to USDA NASS Land Values 2025 Summary Report via American Farm Bureau Federation.

5) Prepare the parcel for due diligence

Land sells faster when buyers can verify facts quickly. Common prep items include:

  • A boundary survey or plan (especially if the land is large or irregular)
  • Wetlands or perk/septic feasibility information (when relevant)
  • Documentation for restrictions (APR paperwork, conservation restriction terms, easements)
  • Simple improvements to showability (mowed access path, cleared staging area, marked corners)

6) Market the property to the right buyer audience

For trust-owned land, clear documentation builds confidence. Strong listings typically include:

  • Use cases aligned with zoning and restrictions (farming, equestrian, recreation, long-term hold)
  • Maps: assessor map, GIS layers, and survey if available
  • Disclosure of known restrictions, including APR status when applicable

If the land is agricultural or could qualify for preservation programs, consider how statewide policy may shape buyer interest. For instance, MDAR reports over 76,445 acres protected through APR as of December 8, 2025, per MDAR, and that the state facilitated 7 APR ownership transfers in Fiscal Year 2025, per MDAR. Those facts can help you frame the parcel accurately for conservation-minded and farm-operator buyers.

7) Handle legal and tax issues specific to trust sales

Trust sales often involve extra paperwork. Work with professionals who routinely handle Massachusetts real estate and trusts:

  • Real estate attorney to confirm signing authority, draft/interpret the purchase and sale agreement, and manage closing
  • Tax professional to evaluate capital gains, basis issues, and trust-level tax treatment

8) Negotiate offers with fiduciary discipline

Trustees must act in the best interests of beneficiaries. When evaluating an offer, weigh:

  • Net proceeds (after commissions, title fixes, taxes, survey work)
  • Certainty of closing (cash vs. financing, contingencies, timeline)
  • Risk of retrade due to land-use surprises (wetlands, access, restrictions)

9) Close the sale and distribute proceeds per the trust

At closing, you may need to provide:

  • Trust certificates or excerpts showing trustee authority
  • Required signatures from trustees (and any required consents)
  • Clear instructions for wiring and distributing proceeds consistent with the trust terms

Common challenges when selling trust-owned land in Massachusetts

  • Time and coordination: beneficiaries, co-trustees, attorneys, surveyors, and title issues can add friction.
  • Disagreements among beneficiaries: price expectations and timing priorities often differ.
  • Restrictions and use limits: APR and conservation limits can reduce the buyer pool while increasing diligence requirements.
  • Market uncertainty: even with high statewide benchmarks, parcel-specific issues can swing value dramatically.

Farmland pressure adds urgency in some cases. Without additional investment and policy changes, Massachusetts is projected to lose 1,200 farms and 50,000–89,000 acres of farmland between 2016 and 2040, according to American Farmland Trust’s “Farms Under Threat 2040” Report (referenced by the Commonwealth). For trustees selling agricultural parcels, that projection reinforces why buyers and agencies scrutinize stewardship, viability, and long-term land use.

Alternative option: selling for speed and certainty

If your main goal is to reduce complexity, limit carrying costs, or avoid a long listing cycle, a direct sale to a land-buying company can be a practical alternative. Cash buyers often simplify the process by:

  • Closing faster than a financed retail buyer
  • Reducing contingency risk (especially if financing is a concern)
  • Streamlining communication when multiple trust parties are involved

Discounted cash offers are not automatically “bad deals.” They can be reasonable when you account for time-to-sale, surveys, title curing, taxes, broker commissions, and the administrative burden of coordinating approvals inside a trust.

Final thoughts

Selling Massachusetts land held in a trust is a compliance-heavy transaction, but it becomes manageable when you approach it systematically: confirm authority, identify restrictions early, price with defensible data, and run an organized closing.

Today’s market and policy environment makes preparation even more important. Massachusetts averaged $14,900 per acre in farm real estate value in 2025 and ranked second-highest nationally, according to USDA NASS Land Values 2025 Summary Report via American Farm Bureau Federation, while cropland values rose by $260 per acre year over year in 2025, per the same report. Meanwhile, farmland protections continue to expand, with over 76,445 acres protected through APR as of December 8, 2025 and 995 APRs held by MDAR, according to MDAR. Combine those realities with the projected loss of 1,200 farms and 50,000–89,000 acres of farmland by 2040 without further action, per American Farmland Trust’s “Farms Under Threat 2040”, and it’s clear that smart, well-documented transactions protect both value and beneficiaries.

About The Author

Bart Waldon

Bart, co-founder of Land Boss with wife Dallas Waldon, boasts over half a decade in real estate. With 100+ successful land transactions nationwide, his expertise and hands-on approach solidify Land Boss as a leading player in land investment.

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