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In a major effort to protect low-income homeowners, Appleseed is confronting the widespread problem of “heir property,” land passed down from generation to generation without a valid will. The practice leaves owners vulnerable to eviction and, according to estimates, has locked up trillions of dollars in equity.
Exposed by Hurricanes Katrina and Rita, the full scope of the problem came to light when owners of heir property were unable to claim vital rebuilding funds, loans, and other financial services. A recent study has identified 16,000 acres of heir property, valued at $44 million, in a single Alabama country; meanwhile, in urban New Orleans alone, of the 180,000 families applying for Road Home rebuilding grants following Katrina, some 25,000 lived on heir property.
“The foreclosure crisis has dominated the headlines recently, but people living on heir property are equally at risk of losing their homes, often without having any inkling of the danger,” said Appleseed Executive Director Betsy Cavendish. “At best, lack of clear title leaves a family economically stagnant. At worst, it can lead to dispossession and homelessness.”
Because heir property is handed down over many generations – resulting in common ownership among many heirs – use and management of the land becomes extremely difficult. Outsiders often exploit this confusion by using legal loopholes to wrest heir property away from a family.
In response, Appleseed has begun mapping legislation in various states against a model rule drafted in cooperation with the National Conference of Commissioners on Uniform State Laws. Appleseed Centers in Alabama, Georgia, Louisiana, and Texas are spearheading local efforts – advocating for legislative protection, creating legal handbooks for attorneys handling heir property cases, and hosting educational seminars for residents in affected communities.
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