News
Losing Land, Losing Legacy: Why Heirs’ Property Still Matters
April 28, 2026
Author: TASFRL Team
For many families, land is more than property. It is memory, inheritance, stability, and a foundation for the future.
But across the United States, especially in rural Black communities, generations of family land have been lost through a legal and financial problem that many people still do not fully understand: heirs’ property.
Heirs’ property usually happens when land is passed down without a will or clear estate plan. Instead of one person holding a clear title, ownership is divided among multiple descendants as tenants in common. Some heirs may live on the land, pay taxes, and care for it every day. Others may live far away or may not even know they own a fractional interest in the property.
The USDA describes heirs’ property as land passed down informally from generation to generation, most often when landowners die without a will. According to USDA guidance, heirs’ property is land owned “in common” by all heirs, regardless of whether they live on the land, pay taxes, or have ever set foot on the land.
Source: USDA Farm Service Agency — What You Need to Know About Heirs’ Property
This ownership structure can make land vulnerable. When title is unclear, families may struggle to use the land as collateral, access loans, qualify for certain assistance programs, or make long-term improvements with confidence.
USDA Forest Service research connects heirs’ property to persistent poverty through three major factors: insecurity of ownership, reduced incentives to improve land, and the absence of collateral value.
Source: USDA Forest Service — Heirs’ Property and Persistent Poverty among African Americans in the South
How Heirs’ Property Can Lead to Land Loss
The danger is not only confusion within families. The larger risk comes when an outside buyer purchases one heir’s fractional interest and then goes to court to force a partition sale.
In a partition sale, the entire property can be sold, even when many family members do not want to sell. Families who live on the land may then be forced to compete at auction against investors or developers with far more money. In many cases, the family loses not only land value, but also history, identity, and a place that has held generations together.
The USDA has identified heirs’ property as a leading cause of Black involuntary land loss. USDA materials also note that one owner can force a court-ordered sale of the entire property so all descendants can “cash out.”
Source: USDA Farm Service Agency — What You Need to Know About Heirs’ Property
This issue is not theoretical. ProPublica’s reporting documented cases where Black families lost ancestral land through partition actions, including the story of Jessica Wiggins’ family in Bertie County, North Carolina. According to the reporting, Aldonia Farms purchased interests in a family’s 18-acre property and pursued a court-ordered sale, even though the remaining heirs still owned the majority share.
Source: ProPublica — Their Family Bought Land One Generation After Slavery
A Historic Pattern of Black Land Loss
The scale of Black land loss in America is enormous.
In 1910, Black farmers owned millions of acres of farmland across the United States. Over the 20th century, that land base declined dramatically.
The Lincoln Institute of Land Policy summarized research showing that Black Americans owned around 14 million acres of land by 1910, but by 2022 that number had dropped to about 1.1 million acres. The same source describes this as a roughly 90 percent decline, with a cumulative loss of about $326 billion in value.
Source: Lincoln Institute of Land Policy — Reclaiming Black-Owned Land
That history still shapes agriculture today. According to USDA’s 2022 Census of Agriculture, there were 46,738 producers who identified as Black, either alone or in combination with another race. They accounted for 1.4 percent of the country’s 3.4 million producers.
Source: USDA NASS — 2022 Census of Agriculture: Black Producers
These numbers matter because land ownership is not only about acreage. It affects who can build wealth, access credit, recover after disasters, participate in conservation programs, and pass opportunity to the next generation.
Why Unstable Ownership Affects Land Stewardship
Heirs’ property is often discussed as a legal issue, but it is also a land stewardship issue.
When ownership is unclear, families may be unable to make long-term decisions about conservation, forestry, agriculture, water management, infrastructure, or regenerative land use. They may hesitate to invest in improvements because they are not sure whether the land will remain in the family. They may also be excluded from programs that require clear documentation of ownership or control.
The result is a cycle: unstable ownership makes land harder to improve, and land that cannot be improved becomes more vulnerable to pressure, sale, neglect, or outside acquisition.
This is why land tenure and regenerative stewardship are deeply connected. You cannot build durable conservation systems on fragile ownership. If land rights are unstable, then farming, forestry, conservation, family wealth, and community continuity become unstable too.
A Path Toward Stability
The problem is serious, but it is not hopeless.
Across the country, families, advocates, legal organizations, land trusts, and public agencies are working to reduce the risks associated with heirs’ property.
One important reform is the Uniform Partition of Heirs Property Act. The law is designed to protect the right of one co-owner to sell their interest while giving other co-owners stronger due process before a forced sale. These protections can include notice, appraisal, and a right of first refusal.
Source: Land Trust Alliance — How the Uniform Partition of Heirs Property Act Works
Federal programs have also begun responding to the issue. USDA’s Heirs’ Property Relending Program is designed to help heirs’ property owners resolve land ownership and succession issues on agricultural land.
Source: USDA Farmers.gov — Heirs’ Property Relending Program
Still, policy alone is not enough. Families need education, early planning, access to trusted guidance, and community-based support before a crisis happens.
Why TASFRL’s Mission Matters
TASFRL exists because land is not just an asset. It is a foundation for identity, resilience, ecological health, and long-term economic opportunity.
Our mission is rooted in two connected principles:
Inclusive Roots means land stewardship must include communities that have historically been excluded from ownership, resources, decision-making, and opportunity.
Regenerative Futures means land systems should continuously improve ecological health, community stability, and long-term economic viability.
When land is stable, families can plan.
When families can plan, communities can invest.
When communities can invest, conservation and regeneration can grow.
Heirs’ property reminds us that land loss does not always happen suddenly. Sometimes it happens quietly, legally, and systematically. That is why awareness matters. Education is often the first step toward protection.
If your family is managing inherited land, facing uncertainty around ownership, or trying to understand the future of your property, now is the time to learn, organize, and seek trusted guidance.
Because protecting land is not only about preserving acres.
It is about protecting legacy.
Learn More from TASFRL
Learn more about TASFRL’s mission: About TASFRL
Explore TASFRL resources: Resources
Read more TASFRL news and updates: News
Contact TASFRL: Contact Us
View land management support options: Land Management Request
External References
- USDA FSA — Heirs’ Property: What You Need to Know https://www.fsa.usda.gov/sites/default/files/documents/whatuneedtoknow_heirprop.pdf
- USDA Forest Service — Heirs’ Property and Persistent Poverty https://research.fs.usda.gov/treesearch/62088
- ProPublica — Their Family Bought Land One Generation After Slavery. The Reels Brothers Spent Eight Years in Jail for Refusing to Leave It. https://features.propublica.org/black-land-loss/heirs-property-rights-why-black-families-lose-land-south/
- Lincoln Institute of Land Policy — Understanding Heirs’ Property https://www.lincolninst.edu/publications/land-lines-magazine/articles/understanding-heirs-property/
- USDA NASS — 2022 Census of Agriculture: Black Producers https://www.nass.usda.gov/Publications/Highlights/2024/Census22_HL_BlackProducers.pdf
- USDA Farmers.gov — Heirs’ Property Relending Program https://www.farmers.gov/working-with-us/heirs-property-eligibility/relending
- Land Trust Alliance — Uniform Partition of Heirs Property Act: How It Works https://landtrustalliance.org/resources/heirs-property-toolkit/uniform-partition-of-heirs-property-act/how-it-works
- Farm Aid — Heirs’ Property and the Decline of Black-Owned Farmland https://www.farmaid.org/blog/heirs-property-90-percent-decline-black-owned-farmland/
Other News
Connect with Texas Landowners and Forestry Professionals at the 2026 TFA North Regional Social
The Texas Forestry Association will host the 2026 TFA North Regional Social on Thursday, July 23, 2026, at El Cerrito Lodge near Diana, Texas. This free evening gathering is designed to bring together landowners, forestry professionals, Texas Forestry Association members, and community members for conversation, networking, dinner, and new connections within the Texas forestry community. A Welcoming Evening for the Forestry Community The TFA North Regional Social offers an informal setting where attendees can meet local landowners, connect with forestry professionals, and learn more about the people and organizations supporting forestry across Texas. Whether you are a longtime TFA member, a forest landowner, a farmer or rancher managing wooded property, or someone interested in learning more about Texas forestry, you are welcome to attend. This is a relaxed, come-as-you-are gathering rather than a formal conference or technical workshop. Participants will have time to share experiences, build relationships, and enjoy an evening with others who care about forests, working lands, and responsible land stewardship. What to Expect The evening will begin with drinks and a social hour at 5:30 PM, providing attendees with an opportunity to meet and connect before dinner. Dinner will be served at 6:30 PM. Before the event concludes at approximately 8:00 PM, attendees will also have an opportunity to participate in prize drawings supported by event sponsors. Event schedule: 5:30 PM — Social hour and drinks 6:30 PM — Dinner Approximately 8:00 PM — Prize drawings and event conclusion Event Details Event: 2026 TFA North Regional Social Organizer: Texas Forestry Association Date: Thursday, July 23, 2026 Time: 5:30 PM–8:00 PM Venue: El Cerrito Lodge Address: 6819 FM 726, Diana, TX 75640 Admission: Free Registration: Required Registration deadline: July 22, 2026 Who Should Attend? The event is open to both Texas Forestry Association members and nonmembers. The gathering may be especially relevant for: Forest landowners Farmers and ranchers managing wooded land Forestry professionals Land stewards TFA members and partners Rural community members Individuals interested in Texas forestry and land management Attendees are encouraged to invite friends or colleagues. However, each person planning to attend should complete a registration so the organizers can prepare appropriately for dinner, seating, and other event arrangements. Strengthening Connections Across Texas Forestry Strong forestry and land stewardship communities are built through relationships, shared experiences, and access to trusted professional networks. Regional gatherings such as the TFA North Regional Social create opportunities for landowners and professionals to connect locally, exchange perspectives, and strengthen the relationships that support Texas forests and working lands. TASFRL is pleased to share this opportunity with landowners, farmers, ranchers, forestry professionals, and community members across our network. Register for the 2026 TFA North Regional Social Attendance is free, but registration is required. Register by July 22, 2026, to join the Texas Forestry Association for an evening of conversation, networking, dinner, and community connection near Diana, Texas. Register here: https://tasfrl.org/tfa-north-26 This event is hosted by the Texas Forestry Association and shared by TASFRL.
TASFRL Team
Jul 20, 2026
A Hidden Story Beneath Central Park: Why Land Still Matters
For many families, land is more than property. It is memory. It is inheritance. It is stability. It is a foundation for the future. But across American history, especially for Black families and rural land stewards, land has often been placed at risk by public policy, unclear ownership, development pressure, legal vulnerability, and the absence of long-term planning. One of the most powerful examples of this history sits beneath one of the most recognized public spaces in the United States: Central Park. Before Central Park became a landmark, part of that land was home to Seneca Village. The Story Beneath Central Park Seneca Village was founded in 1825 by free African Americans in what is now Manhattan’s Upper West Side. Over time, it became a thriving community of families, landowners, churches, schools, and working people. It was not simply a settlement. It was a place where people built homes, raised children, worshiped, worked, and lived with dignity. For Black residents in the 19th century, land ownership carried deep meaning. It represented independence, stability, and a measure of protection in a society where rights and opportunities were often restricted. Seneca Village was home to Black landowners and families, along with Irish and German immigrant residents. By the mid-1800s, the community included homes, churches, a school, and a strong pattern of property ownership. Then in 1857, New York City used eminent domain to acquire the land for the creation of Central Park. Residents were required to leave. Homes were removed. The community was demolished. Over time, much of its history became largely unknown to the wider public. Source: Central Park Conservancy Seneca Village History Source: Central Park Conservancy Seneca Village Landscape Why Seneca Village Still Matters The story of Seneca Village is rooted in a specific time and place, but its larger lesson still matters today. Land loss is rarely only about land. It is about families. It is about ownership. It is about the ability to make decisions. It is about whether future generations can stay connected to what earlier generations built. When a family loses land, the loss can affect more than a single household. It can affect family wealth, community stability, cultural memory, food production, conservation, and long-term stewardship. Seneca Village reminds us that land can hold stories even when buildings are gone. It also reminds us that communities can be displaced when land is treated as disposable. For Black families, rural families, small farmers, ranchers, and landowners, that history is not only historical. It connects to present-day challenges that still place family land at risk. Land Loss Looks Different Today Today, land loss may not always look like the destruction of a community for a public park. But families can still lose land through quieter and more complicated pathways. Some families face development pressure. Some face rising costs or tax burdens. Some face unclear title. Some face family disagreements. Some face forced sales. Some inherit land without a clear legal plan. One major issue is heirs’ property. Heirs’ property often happens when land is passed down without a will, estate plan, or clear legal title. Instead of one person holding clear ownership, the land may become divided among multiple heirs across generations. Over time, this can create confusion about who owns the land, who can make decisions, who is responsible for taxes, and how the property should be managed. For many families, the land is clearly understood as “family land.” But if the legal title is unclear, that family land can become vulnerable. Source: USDA Farmers.gov Heirs’ Property Relending Program Source: USDA Forest Service Heirs’ Property and Land Fractionation Why Unclear Ownership Can Put Land at Risk When land ownership is unclear, families may face serious barriers. They may struggle to access loans or conservation programs. They may have difficulty making land improvements. They may be unable to use the land as collateral. They may disagree over whether to sell, lease, divide, or preserve the property. They may not know who has the legal authority to make decisions. This matters because land stewardship requires stability. A family may want to keep land in farming, forestry, grazing, wildlife habitat, agroforestry, or conservation. But without clear ownership and a shared plan, even strong intentions may not be enough to protect the land. Unclear title can also create vulnerability when an outside party purchases one heir’s interest and pushes for a sale of the entire property. In some cases, families who never intended to sell may be forced into legal and financial situations they were not prepared for. That is why land retention is not only a legal issue. It is a family issue, a community issue, and a stewardship issue. Land Stability Supports Stewardship Stable land ownership gives families room to plan. When families understand their ownership, clarify title, and prepare for succession, they are better positioned to make long-term decisions about the land. They can think about how the land should be used. They can decide who will manage it. They can prepare the next generation. They can access technical assistance. They can explore conservation programs. They can protect soil, water, forests, pasture, wildlife habitat, and working lands. Land stability supports more than ownership. It supports responsible stewardship. For rural land stewards, this is especially important. Working lands often carry both economic and ecological value. They may support livestock, crops, timber, native plants, wildlife corridors, family housing, cultural memory, or future agricultural enterprises. When land remains stable, families have more opportunity to protect those values. What Families Can Do Before a Crisis Protecting family land begins with conversation and preparation. Families do not need to wait until there is a dispute, a tax issue, a death in the family, or an outside offer to begin planning. In many cases, earlier conversations can create more options and reduce future risk. Families can begin by asking: Who legally owns the land? Is the title clear? Is there a will or estate plan? Who are the heirs? Who pays the taxes? Who manages the land? What happens if one heir wants to sell? What are the family’s long-term goals for the property? Does the family want to farm, graze, conserve, lease, restore, or develop the land? Who will carry responsibility into the next generation? These questions can feel difficult, but they are necessary. The earlier families begin, the more prepared they may be to protect both the land and the relationships connected to it. TASFRL’s Role in Land Retention and Stewardship Texas AgriForestry Small Farmers, Ranchers, and Landowners supports land stewards, producers, families, and rural communities through education, resource access, regenerative land management, succession planning, and long-term stewardship. TASFRL’s work is rooted in the understanding that land is connected to legacy. When families have access to information, planning tools, and trusted guidance, they are better positioned to keep land productive, protected, and connected to future generations. TASFRL works to support: Land retention education Heirs’ property awareness Title clarity Succession and estate planning education Conservation engagement Regenerative agriculture and forestry practices Long-term stewardship of working lands Because when land is stable, families can plan. When families can plan, communities can grow. And when communities grow, conservation can last. Learn More from TASFRL The story of Seneca Village is not only a story about what was lost. It is also a reminder of what must be protected. Family land carries history. It carries labor. It carries memory. It carries the possibility of future ownership, food production, conservation, and community resilience. But land cannot protect itself. Families need clear information, trusted support, and long-term planning before land becomes vulnerable. Do not wait until your family land becomes someone else’s story. Learn more about heirs’ property and land retention through TASFRL: https://www.tasfrl.org/news/heirs Inclusive Roots. Regenerative Futures. --- External References Central Park Conservancy — Seneca Village History Central Park Conservancy — Seneca Village Landscape Central Park Conservancy — Before Central Park: The Story of Seneca Village USDA Farmers.gov — Heirs’ Property Relending Program USDA Forest Service — Heirs’ Property and Land Fractionation
TASFRL Team
Jul 10, 2026
Your Landownership Experience Matters: TASFRL and HARC Invite Community Input Through a Landowner Questionnaire
Every acre of land carries a story. For many landowners, farmers, ranchers, and rural families, land is more than property. It represents family history, stewardship, generational responsibility, economic opportunity, and a future worth protecting. Texas AgriForestry Small Farmers, Ranchers, and Landowners (TASFRL), in partnership with HARC, is inviting landowners, farmers, ranchers, and families across Texas to complete a short landowner questionnaire. This questionnaire is designed to help TASFRL better understand the needs, challenges, and priorities of the communities we serve, especially those working to retain land, address heirs’ property concerns, build generational wealth, and strengthen long-term land stewardship. Why This Questionnaire Matters Landowners and rural families often face complex challenges that are not always visible from the outside. These challenges may include unclear titles, heirs’ property issues, property taxes, development pressure, succession planning, limited access to legal resources, limited technical assistance, and the ongoing responsibility of maintaining land across generations. The questionnaire gives landowners, farmers, ranchers, and families an opportunity to share their perspective directly. Your responses can help TASFRL better understand: What landownership challenges communities are experiencing What resources landowners and families may need What topics should be prioritized in future outreach What kinds of education and technical assistance may be most helpful How TASFRL can better support land retention and long-term stewardship efforts This is a data-gathering phase that will help shape future outreach, listening sessions, education, and community support. Who Should Complete the Questionnaire? This questionnaire is intended for people who have experience, interest, or connection to landownership, farming, ranching, heirs’ property, or rural land stewardship. You are encouraged to complete the questionnaire if you are a : Landowner Farmer Rancher Rural family member Land steward Person working to retain family land Person affected by heirs’ property or succession planning challenges Community member connected to land retention, agriculture, forestry, or rural development Whether your family has owned land for generations, recently acquired land, manages working land, or is facing uncertainty around inheritance or land access, your insight is valuable. What the Questionnaire Focuses On The landowner questionnaire focuses on several key areas related to land retention and community support, including : Landownership Heirs’ property retention Generational wealth Succession planning Community resource needs Access to education, outreach, and technical assistance Barriers that may affect long-term land stewardship The goal is not only to collect responses, but to better understand what support may be needed in the future. Privacy Note The questionnaire does not request personally identifiable information. TASFRL encourages participants to share their perspective in a way that helps inform future outreach and support efforts while respecting community trust and privacy. How Your Input Will Help The information gathered through this questionnaire may help guide the next phase of TASFRL’s outreach work. After responses are collected and reviewed, the insights may help inform: Future community outreach Educational programming Technical assistance priorities Land retention support Virtual listening sessions In-person listening sessions County-by-county outreach planning This means your response can help TASFRL better understand where support is needed, what issues are most urgent, and how future programs can be shaped around real community needs. Take the Questionnaire Your landownership experience matters. If you are a landowner, farmer, rancher, rural family member, or community member connected to land stewardship, we invite you to complete the questionnaire and share your insight. Complete the Landowner Questionnaire: https://tasfrl.org/harc Your input can help strengthen land retention efforts and support future outreach for landowners, farmers, ranchers, and families across Texas. About TASFRL Texas AgriForestry Small Farmers, Ranchers, and Landowners (TASFRL) supports sustainable land stewardship, regenerative agriculture, land retention, succession planning, and education for small farmers, ranchers, landowners, and rural communities. Guided by the vision Inclusive Roots. Regenerative Futures., TASFRL works to help families protect land, strengthen rural communities, and support working landscapes for future generations.
TASFRL Team
Jul 7, 2026