South Carolina Families at Risk of Losing Generational Land Due to Heirs’ Property Issues

Across South Carolina, land that has been passed down for generations may be at risk and many families don’t even realize it.

The issue centers around what’s known as heirs’ property, a legal situation in which land remains in the name of a deceased relative, sometimes for decades. Without proper documentation or a clear transfer of ownership, these properties can become vulnerable to legal and financial complications.

Because there is often no updated public record identifying current owners, the longer a property remains in this state, the more difficult it becomes to manage or protect.

“There’s no public record about who inherits,” Walden explained. “And the longer that goes, the more problematic it can become,” said attorney Josh Walden with the Center for Heirs’ Property.

While there are no exact figures on how many heirs’ properties exist across the state, experts say the impact is significant — particularly when it comes to maintaining generational wealth.

“The majority of everyone’s wealth is made up primarily of land they own,” Walden said.

Without clear ownership, families can lose that wealth — sometimes unexpectedly. In some cases, developers can purchase a share of the property from a single heir and then petition the court to force a sale of the entire parcel.

READ NEXT: Santee Cooper, Horry Electric to shift peak hours on April 1

“They can say we can’t come to an agreement, so I’m requesting the court sell the property,” Walden said.

That process can result in land that has been in families for generations being sold off, with proceeds divided among multiple heirs rather than preserving the property itself. The problem is especially pronounced in rural communities, where land ownership has historically been a key source of financial stability. However, experts emphasize that heirs’ property is not limited to one region.

“It’s a problem that’s across the state — and across the country,” Walden said.

In rapidly growing areas, particularly areas like Georgetown and Pawley’s Island, rising property values and increasing taxes are adding pressure on families to sell.

To address part of the issue, South Carolina previously adopted the Uniform Partition of Heirs Property Act. The law is designed to make forced sales more equitable by requiring properties to be sold at fair market value and giving families the opportunity to buy out outside investors.

Still, advocates say prevention is the most effective solution.

“The primary avenue is preventative legal services that are trusted and affordable,” Walden said.

That includes creating wills, maintaining accurate family records, and ensuring property ownership is clearly documented before complications arise. Organizations like the Center for Heirs’ Property are working to help families navigate these challenges by offering legal assistance and resources statewide.

Meanwhile, lawmakers are considering new legislation aimed at helping families reclaim property lost through tax sales. The proposed bill would prevent counties from reassessing property values when heirs clear or consolidate titles — a move supporters say could reduce financial barriers to keeping land in the family.