State approaches to heirs property the focus of Nov. 20 NALC webinar
“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
Nov. 11, 2024
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
(370 words)
Download related photo of Apter, Richardson
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.”
Apter said that she is looking forward to discussing her and Richardson’s findings, as well as highlighting best practices.
“Resolving heirs property issues can be complicated, but we hope to show what current statutory methods are available to illuminate a path forward,” Apter said.
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About the National Agricultural Law Center
Created by Congress in 1987, the National Agricultural Law Center serves as the nation’s leading source of agricultural and food law research and information. The NALC works with producers, agribusinesses, state and federal policymakers, lenders, Congressional staffers, attorneys, land grant universities, students, and many others to provide objective, nonpartisan agricultural and food law research and information to the nation’s agricultural community.
The NALC is a unit of the University of Arkansas System Division of Agriculture and works in close partnership with the USDA Agricultural Research Service, National Agricultural Library.
About the Division of Agriculture
The University of Arkansas System Division of Agriculture’s mission is to strengthen
agriculture, communities, and families by connecting trusted research to the adoption
of best practices. The Division of Agriculture conducts research and extension work
within the nation’s historic land grant education system through the Agricultural
Experiment Station and the Cooperative Extension Service.
The Division of Agriculture is one of 20 entities within the University of Arkansas
System. It has offices in all 75 counties in Arkansas and faculty on five system campuses.
The University of Arkansas System Division of Agriculture is an equal opportunity/equal
access/affirmative action institution. If you require a reasonable accommodation to
participate or need materials in another format, please contact dviguet@uark.edu as soon as possible. Dial 711 for Arkansas Relay.
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Media contact:
Drew Viguet
Communications & Special Projects Coordinator
National Agricultural Law Center
dviguet@uark.edu