NAREB Study Reveals Devastating Impact of Heirs’ Property on Black Families and Wealth

The National Association of Real Estate Brokers (NAREB) recently released a groundbreaking study shedding light on the significant economic and cultural losses suffered by Black families due to heirs’ property issues. The report, titled “Heirs’ Property in the United States: Its Destabilizing Structure and Contribution to Black Property and Wealth Erosion,” delves into how discriminatory policies and practices have led to the forfeiture of valuable land, particularly farmland once owned by Black families in the years following emancipation.

The study, conducted by experts James Carr and Michela Zonta, reveals that the loss of Black-owned land has been a long-standing issue, with roots tracing back to the post-Civil War era. In its findings, NAREB highlights the disproportionate loss of land among Black families—land that, historically, was a vital source of economic empowerment and cultural identity. The majority of this land was farmland, and its loss has had far-reaching consequences for Black wealth accumulation and generational stability.

One of the key issues highlighted in the study is the concept of heirs’ property, where land is passed down through generations without clear legal titles. In these cases, multiple family members may own fractional shares of the property, leaving it vulnerable to legal disputes, forced sales, or exploitation by outside parties, including developers. The result has been the loss of significant amounts of Black-owned land, particularly in the South, where much of the farmland was originally acquired by newly freed Black families in the late 19th century.

Dr. Courtney Johnson Rose, NAREB’s President, emphasizes that discriminatory public policies have played a major role in facilitating the illegal acquisition of Black-owned land. These policies, compounded by limited access to legal resources and systemic racism, have stripped Black families of millions of acres of land. “As this study demonstrates, public policies have aided in the unscrupulous and predatory acquisition of land owned by Black families, creating a long history of land theft from the Black community,” says Dr. Rose.

The study points to examples such as Kiawah Island in South Carolina, once home to a significant Black community, but now a luxury resort area. This case serves as one of thousands where Black families have lost land to White owners, often absorbed into larger estates that attract wealthy investors and developers. The loss of such property is particularly devastating when considering that these lands were vital sources of livelihood, economic mobility, and community stability.

The study further underscores that Black families owned millions of acres of farmland a century ago but now hold significantly less. The erosion of this wealth has contributed to the widening racial wealth gap, alongside other discriminatory policies like redlining and biased housing practices. Furthermore, the lack of proper estate planning and legal documentation has continued to leave heirs’ property vulnerable, making it difficult for future generations to preserve and benefit from the land.

NAREB’s report calls for urgent reforms to address these inequities. Dr. Rose advocates for a comprehensive approach to protect Black landowners and help reclaim lost property. NAREB supports legislation like the Uniform Partition of Heirs Property Act, the Empowerment and Inheritance Rights (HEIR) Act, and other legal measures designed to safeguard land ownership for Black families.

In addition to policy changes, NAREB has partnered with the National Bar Association (NBA) to help Black families navigate heirs’ property issues. Through initiatives like the Black Wealth Tour and workshops such as “What to Do with Big Mama’s House,” NAREB aims to raise awareness and provide resources for families facing the threat of losing their property.

The ongoing loss of heirs’ property continues to undermine the economic potential of Black communities, eroding not only individual wealth but also collective prosperity. NAREB’s study sheds light on the urgency of addressing these issues and ensuring equitable opportunities for future generations.

The report underscores the importance of both legal and grassroots efforts to preserve Black land ownership, protect generational wealth, and honor the legacies of those who struggled to acquire and maintain this property. By highlighting the devastating effects of heirs’ property issues, NAREB hopes to catalyze meaningful change and provide Black families with the tools to secure their land and financial future.