“Heirs property situations are all too common, and those who own heirs property are at risk of economic and property loss.” —Jesse Richardson
By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
Fast facts:
- Heirs property issues prevalent in black, indigenous, southern U.S. communities
- NALC webinar will review state methods for clearing title
- Webinar registration is online
FAYETTEVILLE, Ark. — When a landowner passes away and the land goes to the heirs, often without a will or estate plan, an “heirs property” situation can occur— leaving a property with numerous owners that increase as generations pass.
“The heirs own the property as tenants in common, meaning they each have an undivided interest in the entire property and the right to use all of it,” Rusty Rumley, senior staff attorney at the National Agricultural Law Center, or NALC, said. “Heirs property situations can continue to compound and grow more complicated if not addressed. It has disproportionally impacted black, indigenous and other people of color and is prevalent particularly in Appalachia and the southern United States.”
Resolving heirs property issues often requires clearing title, or legally resolving who owns the property and obtaining a title. Approaches to clearing title can vary from state to state.
These approaches will be the focus of the Nov. 20 NALC webinar, presented by Jesse Richardson, professor of law and lead land use attorney at West Virginia University College of Law, and Jill Apter, NALC research fellow and student at Michigan State University College of Law. The webinar, “State Approaches to Clearing Title to Heirs Property,” will begin at 11 a.m. Central/Noon Eastern. Registration is online at no cost.
Richardson and Apter recently conducted a 50-state survey for the NALC that explored each state’s methods, short of formal suits, offered to clear title to property. The findings of the survey and the applicability to heirs property will be the focus of the presentation.
Richardson said that it is important for those dealing with heirs property situations to know the methods their particular state offers to resolve it.
“Heirs property situations are all too common, and those who own heirs property are at risk of economic and property loss,” Richardson said. “States have varying approaches to resolve these issues. The survey we’ve conducted summarizes and compiles that information into an organized resource.”
To read the full news release, click here.