Defending Black Land in the South: A Conversation Between Steve Dubb and Jennie Stephens - Non Profit News | Nonprofit Quarterly

Black Americans increased land ownership from almost none before the Civil War to about 15 million acres by the early 20th century, primarily in the South. Land ownership functioned as a means to build wealth, provide for families, and establish homesteads that offered a place to return. Heirs' property refers to land passed down without a will, producing joint, fractionated ownership under tenancy in common. Fractionated ownership resembles holding shares in a corporation rather than a distinct parcel. Lack of wills often resulted from limited access to legal help or knowledge across generations. These ownership structures allow multiple co-owners equal use rights and can create legal and practical conflicts.

"I can only speak to what I've read, but one of my advisory committee members put it very succinctly: as African Americans, we went from being "property" to having the ability to own property. This motivated them to acquire land. Property was seen as a way for families to build wealth, to provide for themselves, to have that "homestead," where everybody could, no matter where you went, you could come back and have a place to stay."

"Heirs' property is land that has been passed down without a will resulting in joint, fractionated ownership of the deceased individual's land. The term that's often used is tenancy in common. So, I like to think about it as owning shares into a corporation. You don't own a particular piece, but you have a fractionated ownership of the corporation. And everybody gets to use and share the land the way they would want, which causes issues."

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