Land trusts are one of the most misunderstood tools in real estate investing. On the surface, they seem simple—just transfer the deed, name a trustee, and you’re done, right?
Not quite.
I’ve seen thousands of investors try to set up land trusts on their own or with the wrong advice, only to end up with structures that fail to protect their identity or assets. Worse, these land trust mistakes leave a trail that any attorney, lender, or lawsuit-hungry opportunist can follow.
I’ll walk you through exactly what goes wrong in a typical DIY land trust—and show you how to set up a land trust for real estate the right way so your name stays off public records and your investments stay legally protected.
Key Takeaways: How to Create a Land Trust Without Exposure
Before we look at a real-life land trust setup example, here are the key things every investor should know about setting up a land trust:
A land trust is a legal arrangement that allows real estate investors to transfer ownership to a third-party trustee while retaining full control and privacy.
A land trust hides your name from public property records—but only if it’s structured correctly.
Using the wrong state (like Alaska) for your LLC trustee can immediately expose your identity.
Listing your personal address on public filings ties the trust back to you.
Appointing a nominee trustee (instead of yourself or your LLC) strengthens anonymity.
Property tax records must match the trust structure, or you risk blowing your cover.
States like Wyoming, Delaware, and New Mexico offer greater privacy protections for LLCs.
Always use a virtual business address instead of your home address to maintain separation.
Miss just one of these steps, and you’ve defeated the entire purpose of using a land trust.
Before we look at what goes wrong in your DIY land trusts, let’s cover the basics.
Request a free consultation with an Anderson Advisor
At Anderson Business Advisors, we’ve helped thousands of real estate investors avoid costly mistakes and navigate the complexities of asset protection, estate planning, and tax planning. In a free 45-minute consultation, our experts will provide personalized guidance to help you protect your assets, minimize risks, and maximize your financial benefits. ($750 Value)
Use of Land Trusts for Real Estate?
A land trust is a legal arrangement where real estate is titled in the name of a trustee, allowing the true owner—usually an investor—to remain private while retaining full control.
This setup removes the owner’s name from associating the piece of property with that individual on public records, offering privacy and asset protection.
The most common type of land trust investors use is the title-holding land trust, where the trustee holds legal title, and the investor remains the behind-the-scenes beneficiary. This helps reduce liability, avoid probate, and simplify property transfers without creating a new LLC.
There are other land trust types with different goals:
Community Land Trusts—are nonprofit-run and focus on long-term housing affordability by separating land ownership from homeownership.
Conservation Land Trusts—also known as land conservancies—protect open space and natural resources by holding title to land or managing conservation easements that restrict future development.
Commercial Land Trusts — Used for shopping centers, office buildings, and other commercial properties, these trusts provide anonymity, simplify partnership ownership, and facilitate smoother asset transfers or restructurings.
Land Banking Trusts — Designed for holding undeveloped or underutilized land long-term until it appreciates in value or becomes suitable for future development. These trusts are often used by investors and municipalities planning for strategic growth.
Development Trusts — Set up to coordinate large-scale real estate developments involving multiple parties, including government agencies, nonprofits, or private developers. These trusts help align interests and manage phased development under clearly defined terms.
While the purposes vary, all land trusts use a similar legal structure to separate ownership and control for strategic benefit.
Now let’s look at how DIY land trusts get it wrong.
Real Story: How One Investor Got It All Wrong
When I was preparing to teach this topic, I did a little experiment. I searched Florida property records for a deed titled in the name of a land trust. It didn’t take long to find one. The trust in question was the “Snowflake Land Trust.”
On the surface, everything looked fine. A woman named Archana deeded the property to Mikki Asset Management, LLC, as trustee of the land trust.
So far, so good—until I dug deeper.
If you want to hear more about this story, watch the full breakdown on YouTube: Never Set Up Your Land Trust This Way.
Mistake #1: Using the Wrong State for the LLC
I looked up Mikki Asset Management, LLC on opencorporates.com, a public database of business entities. Turns out, this LLC was formed in Alaska—a state that requires public disclosure of LLC members.
Just minutes later, I had the name of the trust creator listed as the manager of the LLC (property owners’ name). Game over.
What to do instead: Use a state like Wyoming, New Mexico, or Delaware for your LLC trustee. These states do not require member or manager disclosures, keeping your name off the record.
Mistake #2: Using a Personal Address
Even if she had formed the LLC in Wyoming, she still used her home address on the filing. That address showed up on the LLC’s public listing, which immediately connected her to the trust.
What to do instead: Use a virtual business address for your legal entities—preferably one outside your home state—to keep your information private.
At Anderson Advisors, we create and manage LLCs for clients using secure virtual addresses that never tie back to your home or identity.
Mistake #3: Skipping the Nominee Trustee
Another huge misstep! She didn’t use a nominee trustee. Instead, she had her own LLC act as the trustee, and that LLC was tied directly to her.
What to do instead: At Anderson, I often act as the nominee trustee for land trusts. So if someone searches the deed, it points to Clint Coons, Esq. They’d have no idea whether I’m the owner or just representing a client (and I’m not telling).
This added layer reinforces your anonymity; once I resign, the trust quietly shifts to the real trustee.
Mistake #4: Property Tax Records Give You Away
Even if someone gets everything else right, they often forget to update the property tax mailing address. That was the final nail in the coffin here—the property tax bills were being sent to her home address.
What to do instead: Make sure property tax records list a virtual address that matches the LLC trustee’s business address. No backdoor exposure allowed.
Here’s the Right Way to Set Up Your Land Trust
Let’s break it down:
1. Create a Land TrustBegin with properly drafted land trust agreements that clearly define the roles of the trustee and beneficiary. A vague or boilerplate agreement can leave loopholes that weaken your protection.
2. Use a Wyoming LLC as Your TrusteeForm an LLC in Wyoming (or another privacy-friendly state) and list no member or manager info.
3. Use a Virtual Business AddressKeep all physical address details off public filings by using a virtual business address in a different state.
4. Update Property Tax RecordsMake sure tax statements and county records list the LLC’s business address, not your home.
Bonus: Want to Stay Anonymous? Avoid Subject-To Deals Without Help
If you’re investing in property via subject-to transactions, do not attempt to transfer the property into a land trust yourself. These deals are more complex and can trigger lender alerts if mishandled.
Talk to a professional before moving forward with any subject-to-investment strategy.
Our team at Anderson Advisors is experienced in structuring subject-to deals the right way, using land trusts to protect your privacy while staying compliant.
Schedule your free 45-minute Strategy Session with a Senior Advisor today and get personalized guidance before you act.
Why DIY Land Trusts Fail
Creating a land trust isn’t just about filling out a form and naming yourself the trustee.
You need a plan that:
Maintains privacy across multiple systems
Doesn’t leave “breadcrumbs” like your address or name
Works seamlessly with your LLC or corporate structure
I’ve reviewed thousands of trust setups—and I can spot a DIY job in minutes. Don’t make yourself a target.
If you want to stay hidden and lawsuit-proof, get the structure right from day one. Use a Wyoming LLC, a nominee trustee, a virtual address, and double-check all county records.
Don’t gamble with your privacy.
