This article was written by W. T. Geddings, Jr. and appeared in the South Carolina Lawyer Magazine. It explains the nature of Heirs Property and the handling of such a case. Heirs Property is property where the last holder(s) of a written deed are deceased and no new deeds were done to their heirs. The last person named in the deed would have died more than 10 years ago. Often, many heirs will now have an unrecorded interest in the property and, unfortunately, many people wrongly assume that one person can control what happens even without a written deed. The ownership of the property must be determined by the Court in a Quiet Title Action. Once that is done, the case can end or the property can be divided or it can be sold to one of the owners or a third party.
This article was written by W. T. Geddings, Jr. and appeared in the South Carolina Lawyer Magazine. It explains the nature of a Partition Action and the options and processes available.