New study reveals impact of heirs’ property policies on Black land and wealth erosion

Jan 22, 2025 Story by: Editor

Black Americans have faced enduring challenges in land and property ownership due to historical and systemic housing discrimination. A recent study sheds light on another policy that researchers say has contributed to the erosion of Black property and wealth: heirs’ property policies.

“We are on a mission to help build Black wealth through real estate. But we realized when we’re building wealth, we’re telling people to buy land, we’re telling people to buy properties, telling people to become homeowners and invest in real estate.

At the same time of getting people to get into real estate, we need to also protect those that are already in it and look at how we’re losing wealth with real estate,” said Dr. Courtney Johnson Rose, president of the National Association of Real Estate Brokers, Inc. ( NAREB ), which sponsored the study, during an interview with The Final Call .

Founded in 1947, NAREB advocates for civil rights and equal opportunities for Black real estate professionals, consumers, and communities, as detailed on its website.

Impact of Heirs’ Property on Black Land Loss

“Heirs’ property is one of the number one reasons why we’re losing wealth in the Black community. Our effort in studying heirs’ property is to be able to understand the issue,” Dr. Johnson Rose stated. “Our report also has suggestions on things that we can do to help assist and provide more assistance and resources to families that are having heirs’ property issues.”

A paper titled “Heirs’ Property in the United States: Its Destabilizing Structure and Contribution to Black Property and Wealth Erosion,” authored by James H. Carr and Michela Zonta and released on January 14, explores the legacy of housing discrimination and critiques heirs’ property policies that have disproportionately affected Black families.

The study examines the racial wealth gap, the rise and decline of Black land ownership since the Emancipation Proclamation, and offers recommendations to curb further losses.

Key Findings

The research identifies five often-overlooked aspects of Black property ownership in America, three of which include:

Black Americans owned millions more acres of land a century ago than today.

Farmland, especially in the South, made up the largest portion of Black-owned property and remains some of the most valuable land in the U.S. today.

A combination of discriminatory legal practices, violence, and limited access to legal resources has led to the loss of 90% of Black-owned land since 1910.

“We had accumulated so much wealth in terms of land post-emancipation. The majority of that has been lost. That was the thing that was just kind of most heartbreaking,” Dr. Johnson noted.

Vulnerabilities of Heirs’ Property

Heirs’ property refers to land passed down through generations without clear legal documentation or wills to define ownership shares. When a property owner dies without a will, their estate enters probate court, where it is assessed, debts are settled, and heirs are determined.

According to the paper, more than half of Black-owned land in the U.S. is classified as heirs’ property, leaving it vulnerable to disputes, foreclosure, forced auctions, and ineligibility for refinancing or tax breaks. Courts often approve property sales to settle disputes among heirs, attracting opportunistic developers.

Dr. Johnson emphasized, “We see it happening every day, even in urban cities where grandmother dies, and nobody has the deed to the house. There’s no will, and that property goes into probate or tax sales or things of that nature.”

Legal and Economic Barriers

Black families frequently face steep legal fees to resolve property disputes. The report highlights that limited access to affordable legal representation and a lack of trust in the judicial system have compounded the problem, especially during the Jim Crow era .

“We struggle to get into homes due to historical racism and discrimination, and we struggle sometimes to maintain those homes and those properties because it was so difficult for us to get it,” Dr. Johnson added, noting that many Black families lack the financial reserves needed for property upkeep.

Calls for Unity and Action

The Honorable Elijah Muhammad, a leader in the Nation of Islam, advocated for Black land ownership and self-reliance. “As long as we are consumers and employees, our future is in the hands of somebody else,” the Honorable Minister Louis Farrakhan reiterated in a 2011 speech at Prairie View A&M University. “We have to own land. Elijah Muhammad said we need at least 100 million acres to make a start.”

Melody Muhammad, an urban agriculture consultant, highlighted the urgency for Black families to prioritize land ownership. Reflecting on heirs’ property disputes, she said, “Some people who have heir property, they don’t have to fight over it because they already have money… If we had heir property right now, some of us would be like, ‘Look, I want to sell it so I can go ahead and have some money to do what I want to do with it.’”

She emphasized the importance of education and collaboration within families to preserve wealth and build sustainable communities.

Building Black Wealth

NAREB’s “Building Black Wealth Tour” aims to educate Black communities on property ownership and investment strategies. The organization has designated April 12, 2025, as its second annual “Building Black Wealth Day,” featuring seminars in 100 cities.

“Start buying property as a family, first,” Ms. Muhammad advised. “More husbands and wives do things together then start working with other families and build communities.”

Through collective efforts, advocates like Dr. Johnson and Ms. Muhammad believes Black Americans can reclaim lost wealth and foster generational prosperity. Source: The Final Call