Forced partition sale of heirs' property
Heirs’ property occurs when land is passed down through generations and owned by many descendants with an undivided interest in the land. Owners of family-owned land are vulnerable to involuntary land loss resulting from a forced sale of the property. In North Carolina, anyone who inherits or purchases even a small interest of heirs’ property can potentially force other owners to sell against their will, often for well below fair market value.
This type of ownership is common in North Carolina with an estimated $1.86 billion of heirs’ land owned. Although no one is immune to the vulnerability of losing their land to a forced partition action, this issue disproportionately impacts Black, Indigenous, and People of Color throughout North Carolina. We continue to seek innovative solutions to address these inequities.
A Legislative Solution: The Uniform Partition of Heirs Property Act
Enacting the Uniform Partition of Heirs Property Act (UPHPA) in North Carolina will address how current state laws leave landowners of heirs’ property vulnerable to involuntary land loss. The Act safeguards these families from forced sales and allows access to beneficial funding and aid programs, including FEMA disaster recovery and the USDA Farm Bill.
We believe that the UPHPA provides substantial benefits and safeguards to North Carolina families. Joined by conservation organizations, land trusts, family farmland preservation advocates, NC Realtors, members of the NC Bar Association and academic scholars, we are building strong bipartisan support to adopt legislation that protects North Carolina families.
We believe North Carolina should be next to better protect heirs’ property rights.
There is strong bipartisan support for the legislation in North Carolina. If Heirs property issues have affected you directly, we need you to add your voice so that we can work together for better policies.
CTNC is joined in this effort by members of the NC Heirs Property Coalition including Audubon North Carolina, The Conservation Fund, The Black Family Land Trust, Inc., Environmental Defense Fund, American Forest Foundation African American Land Retention Project, Roanoke Electric Cooperative, NC realtors, members of the NC Bar Association, and academic scholars.