A Place to Call Home: Cultural Understandings of Heir Property among Rural African Americans*

Abstract

Heir property is land held communally by family members of a landowner who has died intestate. Because this informal arrangement does not fit neatly into the individualist‐centered, integrated property rights system of the United States, it is viewed by most as a hindrance to economic development and capitalism. We present an alternative framework for analyzing the significance of heir property in the African American community and its constraints. While the consequences of owning land with clouded title are clear‐ineligibility for housing programs, inability to secure a mortgage or sell timber, and vulnerability to land loss through partition and tax sales‐we argue that a culturally‐based understanding of heir property provides insight to why it persists among rural African Americans. Based on personal interviews with heir property owners, lawyers, housing counselors, and county officials, the authors illustrate how heir property is supportive of certain cultural values and meets the needs of a subset of rural populations in ways that other forms of property ownership cannot.

Wildland fire risk and social vulnerability in the Southeastern United States: An exploratory spatial data analysis approach

“…Although such owners have legal claims to land, there are no demarcations of the land specifying what amount is held by a single individual (Dyer et al, 2009;Dyer and Bailey, 2008). With each succeeding generation, individual ownership interests shrink because of the growing number of heirs.…”

“…With each succeeding generation, individual ownership interests shrink because of the growing number of heirs. Mitchell (2001) estimates that 41% of African American-owned land in the southeastern U.S. is heir property, and Craig- (in Dyer and Bailey, 2008) states that heir property represents "the most widespread form of property ownership in the African American Community." But Dyer et al (2009) caution against overestimates, arguing that few systematic investigations of heir property prevalence have been conducted because of the meticulous methodology required to classify such properties.…”

“…Besides this, the lack of clear title acts as a disincentive to the improvement of real property attached to land. If a structure were remodeled, the increase in value would not accrue to the individual who paid for the upgrade, but again must be disbursed among all heirs, regardless of where they live (Dyer et al, 2009;Dyer and Bailey, 2008). In many cases, heirs may not even live in the same state as the property location.…”

Rethinking the memorial in a Black Belt landscape: Planning, memory and identity of African-Americans in Alabama

“…The fieldwork for this study took place in summer and fall 2011 in six Black Belt Alabama Counties: Macon, (Figure 2a). One of these historic school buildings was recently at the centre of national attention (Dyer & Bailey, 2008;Figure 2b the school's addition. The landscape that surrounds the school is dominated by large shady trees (oak, elm and hickory) and vines (kudzu).…”

Toward an Ecology of Cultural Heritage

“…The mere presence of family land is seen as a form of social security, and whether the right is exercised or not, family members who leave the region always have a home to come back to in the community. 25 Family members join a compound usually through the ''gift'' of a piece of land from an elder family member. ''A dollar, a deed-love and affection'' governs the process.…”