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

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  • Raksha Khadka

    (Department of Agriculture, Foodand Resource Sciences, University of Maryland Eastern Shore, Princess Anne, MD 21853, USA
    School of Agricultural and Natural Sciences (SANS), 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
    School of Agricultural and Natural Sciences (SANS), University of Maryland Eastern Shore, Princess Anne, MD 21853, USA
    UMES Extension, 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
    UMES Extension, University of Maryland Eastern Shore, Princess Anne, MD 21853, USA)

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.

Suggested Citation

  • Raksha Khadka & Lila Karki & Prem Bhandari, 2025. "A Review Analysis of Heirs’ Property Challenges in Sustainable Land Use," Land, MDPI, vol. 14(10), pages 1-29, October.
    • Handle: RePEc:gam:jlands:v:14:y:2025:i:10:p:2070-:d:1773180
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    References listed on IDEAS

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    1. Kurt Smith & Frederick Cubbage, 2024. "Land Fragmentation and Heirs Property: Current Issues and Policy Responses," Land, MDPI, vol. 13(4), pages 1-18, April.
    2. Waymon R. Hinson, 2018. "Land Gains, Land Losses: The Odyssey of African Americans Since Reconstruction," American Journal of Economics and Sociology, Wiley Blackwell, vol. 77(3-4), pages 893-939, May.
    3. Butt, Tanveer & McCarl, Bruce, 2005. "Implications of Carbon Sequestration for Landowners," Journal of the ASFMRA, American Society of Farm Managers and Rural Appraisers, vol. 2005, pages 1-7.
    4. Allen-Smith, Joyce E. & Wimberley, Ronald C. & Morris, Libby V., 2000. "America'S Forgotten People And Places: Ending The Legacy Of Poverty In The Rural South," Journal of Agricultural and Applied Economics, Southern Agricultural Economics Association, vol. 32(2), pages 1-11, August.
    5. B. James Deaton, 2007. "Intestate Succession and Heir Property: Implications for Future Research on the Persistence of Poverty in Central Appalachia," Journal of Economic Issues, Taylor & Francis Journals, vol. 41(4), pages 927-942, December.
    6. Allen-Smith, Joyce E. & Wimberley, Ronald C. & Morris, Libby V., 2000. "America's Forgotten People and Places: Ending the Legacy of Poverty in the Rural South," Journal of Agricultural and Applied Economics, Cambridge University Press, vol. 32(2), pages 319-329, August.
    7. Kenneth Richards & Krister Andersson, 2001. "The leaky sink: persistent obstacles to a forest carbon sequestration program based on individual projects," Climate Policy, Taylor & Francis Journals, vol. 1(1), pages 41-54, March.
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