A Review Analysis of Heirs’ Property Challenges in Sustainable Land Use

Raksha Khadka (), Lila Karki and Prem Bhandari
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Raksha Khadka: Department of Agriculture, Foodand Resource Sciences, University of Maryland Eastern Shore, Princess Anne, MD 21853, USA
Lila Karki: Department of Agriculture, Foodand Resource Sciences, University of Maryland Eastern Shore, Princess Anne, MD 21853, USA
Prem Bhandari: School of Agricultural and Natural Sciences (SANS), University of Maryland Eastern Shore, Princess Anne, MD 21853, USA

Land, 2025, vol. 14, issue 10, 1-29

Abstract: Heirs’ property is a form of collective land ownership arising from intestate succession, often resulting in clouded titles, fractional ownership, and legal vulnerability. This tenure system is especially prevalent among African American landowners in the Southern United States and poses significant challenges for sustainable land use, agricultural development, forest management, and conservation. This paper presents an interdisciplinary review, research, and analysis encompassing legal studies, environmental policies, and rural social science to examine how heirs’ property status leads to diminished productivity, land underutilization, disinvestment, and involuntary land loss. Key issues include barriers to accessing USDA and NRCS programs, an inability to implement long-term land management plans, and an increased risk of partition sales and tax foreclosures. This review also examines demographic trends, regional concentration, and the broader socio-environmental impacts of insecure land tenure. Current policy responses, such as the Uniform Partition of Heirs Property Act (UPHPA), USDA land access provisions, and community-based legal interventions, are assessed for their effectiveness and limitations. The article concludes with policy and programmatic strategies to support title clearing, promote equitable land retention, and enhance participation in conservation and climate resilience initiatives. By highlighting the intersection of property law, racial equity, and environmental sustainability, this review contributes to a growing body of research aimed at securing land tenure for historically marginalized communities.

Keywords: heirs’ property; clouded title; land tenure; partition sales; sustainable land use; Black land loss; rural community economic development; property and family law (search for similar items in EconPapers)
JEL-codes: Q15 Q2 Q24 Q28 Q5 R14 R52 (search for similar items in EconPapers)
Date: 2025
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