Because a title is clouded, does owning land in heirs 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 that the land be divided or sold. Creditors and governments could also force a sale to collect what they are owed.

Why can’t I get a mortgage from a bank if I have heirs property?

Banks and other financial institutions require collateral to protect them if loans are not repaid. Through a mortgage, owners transfer the title to the bank. Since co-owners each have an undivided interest in heirs property and are not legal owners of the entire property, they cannot transfer the title.

Why can’t I get approved for repairs on my house?

Many home repair and maintenance providers, such as roofing or plumbing experts, will not agree to complete work on a property if it is heirs property. Typically, if a homeowner does not pay the service provider in full for any reason, that service provider could place a lien against the property for the balance owed to the provider. Heirs property lacks a clear legal title, which makes placing a lien on the property nearly impossible. Service providers avoid working on heirs property to limit their liability to unpaid work.

There are 10 acres and 10 heirs. Do we each own 1 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 remains undivided, all owners get equal access to the entire property. Because land values vary within a given parcel due to road access or physical characteristics, such as a swamp, it cannot be assumed that each acre has equal value.

There is timber on my family’s heirs property. I live on the land and pay the taxes. Why don’t I own it outright?

Most companies insist that you have a clear title to the land before they harvest timber. Otherwise, if they purchase timber from heirs property but pay only one co-owner, they are liable for failing to ensure that all owners are paid.

The tax assessor’s office is only concerned with receiving tax payments, regardless of who makes them. Because all co-owners are jointly responsible for ensuring that 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.

We have had a survey done of our family land. Is this considered proof of ownership?

No. 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, having the land surveyed is a good idea.

Back to Heirs Property in Alabama

Portia Johnson, Extension Specialist, Assistant Professor, Human Sciences; Ryan Thomson, Assistant Professor, Rural Sociology; Adam Rabinowitz, Extension Specialist, Associate Professor, Agricultural Economics; and Katie Keown, Visiting Professor, Agriculture Law, all with Auburn University

Revised July 2024, Heirs Property in Alabama, HE-0852