Each state’s law considers heirs’ property owners to be “tenants in common.” The laws governing tenants in common generally require full agreement among the heirs to do anything with the land. Full agreement is hard to get, especially if there are many generations of heirs who must agree. Locating all the heirs and getting them to agree to the same thing can be very hard to do.
If your family has land that has been handed down without deeds or wills over the years, or if a deceased family member had a will but left the family land to many family members. prolems can arise. What are these problems?
It is hard to prove ownership when there are many heirs:
1. The individual heirs who inherit real estate as heirs’ property do not have clear legal title to the land (because the deed to the land remains in the deceased ancestor’s name).
2. Ownership of heirs’ property is transferred through inheritance and often there has been no recorded change in the name of the owner.
The benefits of land ownership may not be available:
3. It can be difficult to sell timber or other natural resources on the land to get income for family members (companies that are buyers usuallyrequire proof of ownership).
4. Family members cannot get government assistance involving land if they don't have proof of ownership of the land.
5. Family members cannot get a mortgage or other type of loan using the land as security for farm operating expenses or equipment if they don't have proof of ownership of the land.