Heirs Property / Partition / Action to Clear Title

The term “heirs’ property” refers to land owned by a group of people who are descendants of an original owner/purchaser.  The ancestor’s name likely appears as the most recent owner in the public record.  In many cases, the ancestor did not leave a Last Will and Testament or his/her estate was never administered properly. Members of later generations may pass away owning fractional/undivided interests in the subject property. Problems are compounded if the estates of subsequent owners/descendants are not properly administered.

Proceedings to “clear” the title to the land may be necessary, in which a court determines the current owners of the land, who are known as “tenants in common”.  In many cases, the property may not be sold or mortgaged, until an action to clear the title is completed.  Any of the cotenants may also ask the court to “partition” the subject property, by dividing the same among the current owners or by ordering the sale of the property, with proceeds to be divided among the current owners.

The attorneys of  Davis, Frawley, Anderson, McCauley, Ayer, Fisher & Smith in Lexington, South Carolina assist with heirs property cases, actions to clear title and partition actions.

Related areas: Real Property

Partition Actions Attorneys

James Randall Davis

(Ph) (803) 359-2512

(Fa) (803) 359-7478

Ryan M. Wingard

(Ph) (803) 359-2512

(Fa) (803) 359-7478