How to Get Land for an Urban Farm or Community Garden: Your Legal Options
Your main routes to land
| Route | What you get | What to check |
|---|---|---|
| Buy a lot | Ownership, with the longest security. | Title and back taxes, zoning, soil history, and what the seller will disclose. |
| Lease from a private owner | The right to use the land for a set term, on the terms of the contract. | Term and renewal, what happens if the owner sells, rent, water, insurance, and who is responsible for what. |
| License from a city | Permission to use city land as a steward. In New York City’s form, “no land, building, space, or equipment is leased.” | How and when the city can end it, required public hours, limits on selling and building. |
| City or land bank program | A garden license or lease on a publicly held lot, often for a short term. | Your city or land bank page: eligibility, soil testing, insurance, fees. Terms differ widely. |
| Community land trust | Long-term use of land held by a nonprofit for community benefit. | The trust’s lease terms and its rules for gardens and farms. |
| Adverse possession | Title, but only after a court finds that strict rules were met for the required years. | Your state’s statute and an attorney. Not a plan, see below. |
Lease and license: why the word matters
In general, a lease gives you a right to use land for a term, while a license is permission that the owner can end under the terms it sets. For a garden this affects what happens if the lot is sold, redeveloped or reclaimed. The Pittsburgh Adopt-A-Lot page (updated October 23, 2026) says that a lease or license “does not guarantee future ownership” and that access lasts only for the term of the agreement. See the Adopt-a-Lot guide for how these programs work.
Two city examples show how far the terms can differ:
| Program | Term and ending | Selling and building | Source |
|---|---|---|---|
| Pittsburgh Adopt-A-Lot | License: 1 year. Lease: 1–3 years. The page does not state a notice period for ending an agreement. | No sales on site under a license or lease. Only temporary fences and raised beds under a license. Soil lead test required. | City page, updated October 23, 2026 |
| NYC GreenThumb license | Term set in the form (the 2019 form ran to December 31, 2022), renewable. Terminable at will on 60 days’ written notice. Six months to fix a breach. | No commercial use, except produce sales approved by Parks to support the garden. No construction or soil removal without written permission. Vegetables in raised beds with barriers. | GreenThumb license form, 2019 (the current form may differ) |
The NYC form also requires the garden to be open to the public at least 20 hours a week from April 1 to October 31. Each city sets its own conditions, so read the form before you sign.
What to do first
- Do you know who owns the lot?No: look it up in your county assessor or recorder records, or ask your city. Yes: go to step 2.
- Is the owner a city, a land bank or a private person?City or land bank: look for a garden license or program. Private: negotiate a lease or license. Go to step 3.
- Does zoning allow a garden or farm on that lot?No or unsure: ask the planning department; see our zoning guide. Yes: go to step 4.
- Have you tested the soil?No: test before you plant food; see our soil guide. Yes: go to step 5.
- Do you have the agreement in writing, with the end date and how it can be ended?No: do not build or plant much until you do. Yes: check insurance and start.
What a land use agreement should cover
The Sustainable Economies Law Center’s guidance (undated) lists the elements of a private land use agreement. Use it as a checklist when you talk to an owner:
- Land: the size and location of the plot.
- Use: what you may do, and who may take part.
- Term: how long, how to renew, and what happens to the farm if the land is sold mid-season.
- Access: who may enter, such as workers and volunteers, and when.
- Growing practices: tools, machinery and any limits on chemicals.
- Water: the source, use and who pays.
- Maintenance: who takes care of what.
- Produce and compost: who owns the harvest, and where compost goes.
- Payment: money, or a share of the crop.
- Liability: a release from each side, or indemnity for specific situations. See our liability and insurance guide.
The SELC page also points to a sample agreement to use property for a food garden and to the ChangeLab Solutions toolkit “Ground Rules” for gardens on land that is not city-owned. We did not review those documents.
Adverse possession: why it is not a plan
Adverse possession lets someone who openly occupies another person’s land for the full statutory period become its legal owner. It is decided by a court, and the rules depend on the state. New York is one example. RPAPL section 501 requires the occupancy to be adverse, under claim of right, open and notorious, continuous, exclusive and actual, and the period is tied to the ten-year limit in CPLR section 212(a). A “claim of right” means a reasonable basis for believing the property is yours.
Other states set different periods and extra conditions, and we did not verify them for this page. In general, use with the owner’s permission does not count as adverse, so a garden you run under a license cannot turn into ownership. Do not start a garden on someone else’s land expecting to claim it later: you may be trespassing, and whether a rule applies to city-owned land is a question for an attorney in your state.
If the lot is sold or the term ends
- Ask the owner or city in writing what notice you will get before the land is sold or redeveloped.
- Plan for the end: the NYC form requires the garden to be surrendered in satisfactory condition and tools returned within 30 days of a termination notice.
- Keep records of what you built and paid for. In the NYC form, expenses are at the licensee’s own risk and are not reimbursed.
- If you want long-term security, ask about a longer lease, a land trust or buying the lot.
Frequently asked questions
How do I get free land for a community garden?
Some cities and land banks let groups use vacant lots under a license or short lease, often at little or no fee. Pittsburgh’s Adopt-A-Lot has no application or lease fee, for example. Look for your city’s vacant-lot or community garden program.
Can I garden on a vacant lot without permission?
No. Using someone else’s land without permission can be trespass, and it does not give you rights. Ask the owner, or find out who owns it through county records.
What is the difference between a lease and a license?
In general, a lease gives you a right to the land for a term, and a license is permission the owner can end under its terms. New York City’s GreenThumb form says expressly that no land is leased and can be ended at will on 60 days’ notice.
Can I sell what I grow on city land?
It depends on the program. Pittsburgh does not allow on-site sales under a license or lease, but has a separate market stand lease with sales up to $10,000. NYC allows produce sales only with Parks’ approval, to support the garden.
Can I get land through adverse possession?
In principle, if a state’s strict requirements are met for the full period and a court agrees. It is slow and uncertain, and permission defeats it. Talk to an attorney before relying on it.
Do I need insurance for a garden on city land?
Often. Pittsburgh requires it for leases but not licenses, and offers a group policy through a local nonprofit. Check your program.
Official sources
- City of Pittsburgh: Adopt-A-Lot Program (page updated October 23, 2026)
- NYC Department of Parks & Recreation: GreenThumb Community Garden License (2019 form)
- New York Real Property Actions and Proceedings Law, section 501 (adverse possession)
- New York Civil Practice Law and Rules, section 212(a) (ten-year period to recover real property)
- Sustainable Economies Law Center: land access guidance for urban agriculture (undated)