Steps to Protect Your Land

Taxes. Visit your county tax assessor's office and make sure property taxes are paid and up to date. If you are in default, be sure to pay the taxes and whatever fees and interest you may owe. Otherwise the land may be sold through a tax sale. Even if you have a dispute regarding the amount of the taxes, first pay them, and then take the steps to appeal the bill. Also, make sure the tax assessor's office has the current address of whoever will keep track of taxes.

fence Last Will and Testament. Leaving a will prevents the formation or further division of heir property. Even if your share of property is undivided, it is important to leave your interest in a will to whoever you would like to receive it. This prevents further division of interests and, when steps are taken to clear the title, the search will eventually reach your descendents, who will receive their due. The Alabama Area Agencies on Aging (most of which exist as divisions of regional councils) draft wills for free for anyone over 60. While some have attorneys on staff, others contract their services out.

Expenses. Keep track of any expenses related to the property that you have incurred. This includes taxes paid, landscaping, or any improvements to structures or the land that would increase the property's value. If a partition sale is forced, you may be entitled to a larger share of the proceeds.

Family tree. Construct a family tree. Figure out whose name is on the deed (likely also on the tax bill) and fill in each succeeding generation, including dates of deaths. Legal documents such as birth and death certificates, adoption records, and marriage licenses, can be used to help construct a family tree. Family bibles, letters, diaries, funeral programs, obituaries, genealogy Web sites, and family reunions are also good sources of information.

Family records and contact information. Collect any family records that may be useful if legal proceedings are initiated by you or someone else. These records include many of the same records that help when constructing a family tree (birth and death certificates), as well as records regarding people's estates or property, such as wills, deeds, divorce decrees, trust agreements, and powers of attorney. Also collect contact information for all family owners you can; there are some good websites that provide telephone numbers and addresses. If you are willing to do much of the legwork yourself, less time (and money) will be spent by lawyers collecting this information.

Documents related to the land. Again, the more information you collect now, the easier and quicker any legal processes will be later. Collect any records related to your family's land. These may include warranty deeds, quitclaim deeds, surveys, wills, appraisals, transfer of rights (for example, mineral rights), liens, easements, and heirship affidavits.

Be nice. Reconnect with long-lost relatives. Yes, even the ones you don't like! Heir property issues are oftentimes made more complicated by family relationships and histories than legal intricacies. Strengthening family ties now can make legal processes easier in the future.

Group planning. Start conversations among family members about what they would like to see done with the family land. Family reunions are good places to begin talking with others about different options to keep the land in the family and, possibly, use it in a more productive manner. If necessary, bring in an outside mediator to help keep discussions focused and on-track. Some organizations provide mediation services.

Legal Assistance. If your land is being threatened, get a lawyer. While many cases can be settled out of court, few can be settled without a lawyer. Always check a lawyer's credentials and make sure he or she understands your goals and is a good fit for your family. A lawyer can make sure your rights as a landowner are being protected and can help you decide which option is best for your family. Some organizations, like Legal Services Alabama, provide free legal services for qualified low-income residents.

Last Updated Jun. 22, 2011