Heir(s) (pronounced /eər) property is land that is jointly owned by descendants of a deceased person whose estate was never handled in probate court and is passed down from generation to generation.  These joint owners (heirs) have the right to use the property, but none of them have a clear title. Without proper documentation and a court proceeding to clear the “cloudy” title, third parties (like banks, mortgage lending companies and others) have no way of knowing who is really entitled to the property and whether any creditor claims apply.  This means that none of the heirs can sell, mortgage, or make any repairs the real estate.  

Over time, as each generation passes, the ownership of the property becomes more and more entangled because of the number of heirs.    At that point, the property is usually auctioned off for outstanding taxes.  The new owner acquires the property for less than fair market value and the heirs receive none of the proceeds.

The land becomes vulnerable to involuntary loss through adverse possession, tax auction or a partition-by-sale if granted by the court.

The heirs cannot sell the property or use it as collateral for a mortgage;

The property is ineligible for federal assistance, like USDA farm aide or FEMA support after a natural disaster;

Most potential tenants, logging companies, or other people who would like to do business with the property will refrain because of the title and ownership issues;

Heirs are reluctant to make repairs or improvements to the property because every dollar spent is supposed to be divided among all of the other heirs.

Family relationships can be ruined forever

Precious family history and evidence of community contributions can be loss

Historically, African-American families built, cultivated, and passed down generations of land as a source of identity, heritage, and community wealth. Between 1865 and 1919, African-Americans had amassed over 15 million acres of land in the South and African-American farmers controlled approximately 14% of the nation’s farmland. Today, 97% of those land assets have been lost and African American control less than 1% of farmland.

The story of The Hicks Preserve — from heirs property to fully protected land — illustrates both the challenge and the possibility of inheritance preserved rather than lost.

There were over 125 heirs with interests in the Hicks estate.  Typically in cases like this, it would be determined the property isn’t worthwhile for any one heir to be concerned, pay the property taxes or do anything that would costs money because the group of heirs either aren’t aware, they’re unknown or they simply cannot agree on any decisions pertaining to the property.

Rather than allowing the land to be lost, the family came together — determined to reclaim, restore, and protect what generations before them had entrusted. Through persistence, stewardship, legal action, and prayerful resolve, the land was redeemed, secured, and restored to responsible ownership. In January 2025, The Hicks Preserve Foundation was established — ensuring this sacred ground would never again stand unprotected.