Heirs property refers to land that has been passed down informally from generation-to-generation, often without written wills, which is now owned by cousins or more remote relatives, possibly of multiple generations. Heirs property creates social issues and impacts disadvantaged communities the hardest.
In 2020 Virginia adopted major provisions of the Uniform Partition of Heirs Property Act (UPHPA) to help prevent involuntary loss of family land and the associated real estate wealth of that family land through a hierarchy of rights and remedies for tenant-in-common owners in a partition action.
Virginia’s approach to the UPHPA preserves traditional elements of Virginia’s partition law (in-kind partition preference) while adopting major provisions of the UPHPA, with these new provisions integrated into Virginia’s partition statute for all cases, not just Heirs Property.
The webinar will also address Barriers to Resolving Title Problems and Preventing Heirs Property.
Black Family Land Trust
Virginia State Bar, Access to Legal Services
Virginia’s United Land Trusts