Myths and Truths – Heirs’ Property

There is a lot of misunderstanding about heirs’ property. Having the wrong information might cause you to make the wrong decision about your land. Call the Center (843-745-7055) to schedule one, free hour “Advice and Counsel” with an attorney to find out what you need to know.

Here are some common “Myths and Truths” about heirs’ property ownership:

MYTH: Heirs’ property is the best way to own and maintain family land.

TRUTH: NO…Owning land as heirs-in-common is unstable and the land can be easily lost.

MYTH: I have more rights and more ownership of the land because I live on it and take care of it. 

TRUTH: NO….Heirs who don’t live on the land have the same rights to the use, enjoyment and benefit of the land as the heirs who may live on it.

MYTH:  I have paid the taxes for years which means that I own more of the land now.

TRUTH: NO…. Payment of taxes does not increase an heir’s percentage of ownership.  Heirs who do not contribute to tax payments do not lose any rights to ownership.

MYTH:  The heirs in my family own equal shares of the family land.

TRUTH: NO….Each heir owns a “percentage” of the whole property (not a “piece”). That percentage is determined by where they fall in the family tree.

MYTH:  My piece of land was surveyed off so it’s now mine.
TRUTH: NO…. A survey is not a deed.  It cannot grant ownership of land to any heir.  Ownership of any real property can only be transferred by a duly-recorded deed.