I've been following this story for nearly as long as I've had this blog:
I've not posted here in a while, though I've commented on individual articles on the Ipswich area newspapers' websites. It seems that, despite the terms of the trust which forbid the sale of the land, an agreement has been reached to sell the land to the tenants for the quite pitiful sum of $29,150,000.
A bit of background: about 350 years ago, a forward-thinking landholder in Ipswich (a town on the shore north of Boston, famous for its clams) donated for the benefit of the Ipswich public schools a magnificent almost-island called Little Neck. The trust required the Feoffees (trustees) to collect market rent on the land, and donate the proceeds to the town's public schools. Little Neck totals perhaps 27 acres, of which about 24 acres show up on the Ipswich assessor's database; the rest, I assume is the roads which wind around it.
For centuries, the land was used for farming, but early in the 20th century, the Feoffees recognized that farming was no longer the highest and best use of this scenic and well-located acreage, and they subdivided it into lots and permitted people to rent them and erect cottages on them. There are 167 cottages.
Today, less than half of the land is rented out to individual tenants: my spreadsheet, which is probably pretty close, suggests 10.32 acres rented to tenants and 13.88 acres held unrented by the Feoffees, but available to the tenants as Commons, for a total of 24.19 acres. There are beaches and a community center, a pier, a playground, playing fields. Presumably the Feoffees maintain these commons. A few years ago, a sewage plant was installed.
Houses on Little Neck are mostly small cottages, many under 1000 square feet and built between 1910 and 1935. Few have more than one bathroom. Most are seasonal; that is, they can under the terms of the land lease be occupied only from about April to January. 24 are year-round. I've not been able to figure out which ones, and I don't recall ever seeing one for sale in the times I've looked.
These cottages are old, weather-beaten and modest. Some have very appealing interiors, but tiny rooms and modest outfitting. Most are seasonal, and have no heat.They sit on lots which range from 0.041 acres (1,786 square feet) to 0.112 acres (4,879 sq ft), with most at 0.069 acres (3,005 sq ft).
Were they not on Little Neck, with its fabulous views and huge common spaces, its beaches and community amenities, these cottages would be worth no more than $50,000 to $100,000. (An 800 square foot cottage at $60 per square foot is $48,000. A 1200 square foot cottage at $80 psf is $96,000. $60 psf and $80 psf are excessive valuations for cottages built between 1865 and 1950. Houses depreciate, even with the best of care.)
Yet asking prices for these cottages when I looked 10 days ago were $175,000 (924 sq ft, built 1930) to $620,000 (1,779 sq ft, built 1910, waterfront).
What does this mean? It means that the current land rent being collected is nowhere near the market value land rent.
Currently, the Feoffees are collecting about $10,000 per year each for the 143 seasonal cottages, and a bit more for the 24 year-round ones. But the difference between the $50,000 to $100,000 value of the cottage itself and the asking prices of $175,000 to $620,000 represent capitalization of uncollected land rent -- Land Rent which the Feoffees are REQUIRED by the terms of the trust to collect!
Perhaps a year ago, or maybe it was two, I spent some time looking at the Ipswich assessor's database, and assembled a spreadsheet. I think I probably have 95% of the lots accounted for. I found some interesting things. In no particular order,
- Occupied lots total 10.32 acres. The land represented by those lots was valued by the assessor at $30,990,200, or $3,004,382 per acre.
- The per-acre assessed value of the occupied lots ranged from $2.6 million to $5.2 million
- Untenanted lots are of two sorts:
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one large one, listed at 39 Bay Road, of 11 acres, valued at $842,500, or $76,591 per acre
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perhaps 42 small ones, totaling 2.88 acres, valued at $918,800 total, or $320,000 per acre
- The untenanted lots, totaling 13.88 acres, were valued by the assessor at $1,761,300, or $126,941 per acre. Had they been valued at $3,004,382 per acre, their value would be $41,700,822.
- Add together the $30,990,200 at which the assessor valued the occupied lots and the $41,700,822 for the untenanted lots -- the commons -- and the value of Little Neck's land would be $72,691,022.
- The assessor valued the cottages on Little Neck at $14,857,592, an average of $88,968 per cottage, ranging from $38,700 to $223,600.
- The assessor valued the tenant-occupied lots on Little Neck at from $161,600 to $343,500, with most falling at $185,500, or $228,700, or $290,000 to $300,000. (Perhaps differentiating a bit for views or for year-round occupancy rights)?
As a letter to the editor pointed out, the Feoffees don't own the land, and therefore can't sell it. They are merely trustees for the land. So the discussion about selling ought not to be happening at all.
But if somehow the powers-that-be determine that black is actually white, and up is actually down, then the Feoffees ought to be getting the full current value for the land. And they ought not to act as mortgage lenders. That is not within the terms of the Trust, and is nothing but trouble.
$72,691,022 divided by 167 cottagers works out to $435,275 per cottage -- quite a bit more than the $174,000 they're offering, to break the Trust which has been in place for 350 years.
Twenty years' purchase, or 5% of the $72.7 million, works out to land rent of $3.6 million per year. Divide that by 167, and the average annual land rent would be $21,800. Some would be worth more -- the larger lots, the ones on the waterfront, the ones with prime views, the ones with year-round occupancy rights -- and some would be worth less -- the smaller lots, the ones with less desirable views, the seasonal ones.
Would charging the market rent make Little Neck unaffordable to some of the current tenants? Yes, quite possibly. Did the Grantor of the trust make an exception for that? Or did he simply charge the trustees with collecting the market rent and being good stewards of the property, forever? The trust was not created in an attempt to be kind or generous to tenants; the beneficiary was explicitly named as the schools of Ipswich. If the interests of the tenants now somehow outweigh the interests of the schools of Ipswich, please tell me where to buy a new compass, because North is no longer North.
How will we know when the Feoffees are collecting the full market rent on the Little Neck property? When the selling price of a $50,000 cottage is $50,000. Until we see that, we'll know they're not collecting the full rent, but leaving a significant portion in the pockets of the cottage tenants. The difference between the $50,000 value of a cottage and the $250,000 PRICE of a cottage when the land rent is not being collected is enough to put a cottager's child or grandchild through college.
But the Trust was set up to benefit not the TENANTS' children but the children of the schools of Ipswich. Got it?
The Trustmaker gave Ipswich's public schools and Ipswich's community a very fine gift: a goose that he knew would lay golden eggs. The recent and current Feoffees may have failed to collect those eggs. That's past history. We can't change it. And it doesn't change the nature or terms of Mr. Paine's foresighted gift. Just collect the eggs. Keep feeding the goose. If the current group of Feoffees isn't so inclined, replace them with Ipswich residents who are. If necessary, hire professional staff; at $3.6 million in annual rent flow, volunteers can't do it all.
And, by the way, when you announce the schedule under which rents will be raised from current levels to market levels, a lot of cottages are going to go on the market. It will take a while for them to sell, and you'll see the prices drop. The cottagers will claim theft on the part of the Feoffees. They're wrong. Many of the cottages will be teardowns. The new owners will ponder for a while, and then begin to build interesting and attractive new homes there, within the constraints of those postage stamp lots. Preservationists will bemoan the loss of "historic cottages." Unhappy tenants will say sad goodbyes to summer homes whose full carrying cost they can't absorb. The grocery shopping and restaurant visits these 167 families -- and their tenants -- represent may fall off for a summer or two, while new owners build new cottages.
The construction trades in Ipswich will prosper (the Feoffees might be wise to prohibit construction work during the high season) and so will the town itself, for all sorts of reasons, including the rent flowing to its public schools.
Unless, of course, the stakeholders -- or the courts -- think that the interests of the tenants ought to be primary. In which case, please order me the new compass.
This blog has more observations and history on this story. See them collected at http://lvtfan.typepad.com/lvtfans_blog/feoffees-land/.