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2007

Property-Personal and Real

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The Public Trust Debate: Implications For Heirs' Property Owners Along The Gullah Coast, Faith R. Rivers May 2007

The Public Trust Debate: Implications For Heirs' Property Owners Along The Gullah Coast, Faith R. Rivers

Faith R Rivers

Heirs’ property ownership is a significant problem facing the African American community in the Lowcountry of South Carolina. Heirs’ property generally refers to real property purchased by African Americans and held within families for generations without clear title. The land is owned by a group of relatives – the heirs – who possess fractionated fees as tenants in common. The disposition of tenants in common property is governed by the law of partition. Partition provides for the division of property, or its cash “equivalent,” according to owner interests.

The Lowcountry of South Carolina is the birthplace and central hub of …