Frequently Asked Questions

Because the title is clouded, doesn't owning land in heir property form protect it from being sold or lost outside the family?
No. No matter how many are entitled to joint ownership of the land, even one heir or co-owner can demand the land be divided or sold. Creditors could also force a sale to collect what they are owed.

I live on the land and pay the taxes. Why don't I own it outright?
The tax assessor's office is only concerned about receiving tax payments, regardless of who is making them. Because all co-owners are jointly responsible for making sure the taxes get paid, the assessor's office assumes that whoever is paying the taxes is doing so on behalf of the rest of the heirs. Heirs who do not help pay the taxes do not give up any rights as co-owners. Those paying the taxes don't acquire additional property rights.

Why can't I get a mortgage from a bank?
Banks and other financial institutions require collateral to protect them in case loans are not repaid. Through a mortgage, owners transfer title to the bank. Since co-owners each have an undivided interest in heir property and are not legal owners of the entire property, they cannot transfer title.

Why can't I get housing service loans or funding for repairs on my house?
Government lenders or organizations usually require that you have clear title to your home and land. If an heir property owner makes home improvements (thus increasing the value of the home), any other co-owner can force the land and the home that is built on it to be sold. Organizations don't want to take the risk of losing their investment through such a partition sale.

There are 10 acres and 10 heirs – don't we each own one acre?
Based on laws of intestate succession, all owners each hold a fractional interest in the whole of the estate. If the land is sold, each owner receives payment based on their percentage of the property value, but if the land is not sold and remains undivided, all owners get equal access to the entire property. Because land varies geographically throughout a parcel, it cannot be assumed that each acre is equal in value.

There is timber on my family's heir property that I would like to sell, but timber companies won't buy it – why not?
Most companies make sure you have clear title to the land before they harvest timber. Otherwise, if they purchase timber from heir property, but pay only one co-owner, they are liable for failing to make sure all owners were paid.

We have had a survey done of our family land – isn't this considered proof of ownership?
A survey only confirms the physical dimensions of the property. It does not grant ownership of the land to anyone – only a will or deed can do that. However, if you decide to clear the title to your land or have problems with adverse possessors, it is a good idea to have the land surveyed.

Last Updated: Jun. 22, 2011