Heir property

Heir property is a legal term in the United States for land that is owned by two or more people, usually people with a common ancestor who has died without leaving a will. It is the leading cause of involuntary land loss among African Americans.[1]

As a general rule, heir property is rural land owned by African Americans who either purchased or were deeded land after the American Civil War.[2][3] When the land owner died, rather than using the formal system of taking a will and testament to the probate courts to ensure that the land was passed down to the landowners' children, the property was handed down informally. In this system, the land is held in common.[4] After several generations, it can be difficult to determine who the legal owners are, and the legal owners might not have paid their share of taxes, lived on the land, or helped maintain it.[4]

According to the United States Department of Agriculture, since 1910, the heir property system has been responsible for African Americans landowners losing 80% of the farming land owned by previous generations.[4][5]

Within the Southern United States, about a third of the land owned by African Americans, amounting to about 3.5 million acres, is held in the heirs property system.[1] Arkansas, Mississippi, Alabama, Georgia, South Carolina, Texas, North Carolina, Virginia, Florida, and Louisiana are the states most affected by the confusion of heirs' property.[4]

The lack of clear title to their ancestors' land has ongoing consequences for the owners, even when the land remains in their possession.[1] The farms do not qualify for some government support programs, including disaster relief funds.[1] The owners are unable to claim the land as an asset for the purpose of obtaining loans.[1]