Today, legislation was introduced in the U.S. House of Representatives to stem the loss of farmland due to unresolved ownership and title issues. The Heirs Education and Investment to Resolve Succession of (HEIRS) Property Act, co-sponsored by Representatives Sanford D. Bishop, Jr. (Ga.) and Donald G. Davis (N.C.), would provide free legal and accounting services to help families resolve ownership and succession issues on inherited properties and finance the costs associated with purchasing property shares.
Heirs’ property is land that has been passed down without a will, leaving owners without a formal deed or title. These landowners are at elevated risk of losing their land due to foreclosure or forced sale to predatory developers. The loss of farms and farmland over the past century has been extreme and disproportionate for the Black community, and it continues in part due to heirs’ property issues. While data on this problem are difficult to collect, research by the Union of Concerned Scientists (UCS) in 2023 estimated that more than 10,000 Black farmers who fully or partially own their land may be experiencing heirs’ property issues.
“Legal and quasi-legal trickery over the last century greatly contributed to Black farm owners losing nearly 90% of their farmland, and to the 98% decrease in the number of Black farmers. Today, just one in 72 farmers is Black,” said DeShawn L. Blanding, senior Washington representative in the Food and Environment Program at UCS. “We need provisions in the next food and farm bill that will help keep Black farmers on their land and assist with ownership and title issues that put them at risk of losing their land. The HEIRS Property Act will help farming families resolve ownership issues that are preventing them from investing in their farms or accessing USDA programs and services, and protect their families’ legacies from predatory sales.”
Land without a clear title is vulnerable to being sold out from under a farmer due to shared ownership. An unresolved title may also prevent the owner from accessing much needed resources, including loans and assistance through USDA programs. UCS has recommended increased funding from USDA for both Black farmers and community-based organizations that provide legal and mediation services to help farming families resolve heirs’ property issues and engage in estate planning.