ABSTRACT
What are some solutions for heirs property owners? An offered solution assumes that there is a problem, and the first step must be clearly defining the problem. But, as the authors explain, the term ‘heirs property’ proves difficult to define because of the vast number and scope of heirs property scenarios. Stated very simply, the term refers to a subset of tenancy in common property where the owners received concurrent interests in land through inheritance. But, heirs property is anything but simple. In fact, it is quite complex, beginning with the ownership picture of heirs property tracts of land: the owners are typically related and may number in the dozens, hundreds, or thousands.
The core issues arising from heirs property relate to the legal form of ownership – tenancy in common. Tenancy in common ownership is defined by certain key characteristics that have likely contributed to the complexity of how best to resolve heirs property, particularly in agriculture. Therefore, this article begins by explaining heirs property, and the overarching form of ownership, tenancy in common …
Richardson, Jesse and Miller, Amber, Solutions for Heirs Property Owners, (2023) Drake Journal of Agricultural Law, volume 28, no 2, 2023; WVU College of Law Research Paper No 2024-007.
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