Land Seller Series — Article 13

What If Several People Own the Land? 

One of the most common complications I encounter with rural lots, acreage and large parcels isn't the land itself. 

It's the ownership. 

(9-minute read)

You may have a piece of property that has been in your family for generations. Everyone knows about it. Everyone has an opinion about what should happen to it. 

But when the decision is finally made to sell, a very important question comes up: 

“Who actually has to agree to the sale?” 

If you're the only owner, the answer may be relatively straightforward. 

But what if you own the property with your brother? 

Or your sister? 

Or several cousins? 

Or perhaps the property was inherited by multiple family members years ago? 

Selling property with multiple owners can absolutely be done.
But the earlier you understand the ownership situation, the better. 

1. How Did Multiple People Become Owners?

There are several ways land can end up with multiple owners. 

For South Louisiana landowners, some of the most common situations involve: 

• Inherited property  

• Family land passed from one generation to another  

• A succession  

• Property purchased jointly  

• Gifts of ownership interests  

• Property owned by a partnership, LLC, trust or other entity  

• Previous owners conveying different interests to different people  

Sometimes the current owners know exactly how the ownership came about. 

Sometimes they don't. 

And sometimes the answer is: 

“We've always just considered it our family property.” 

That's when it's especially important to investigate the actual ownership records. 

2. Don't Assume Everyone Owns an Equal Share

This is an important point. 

If four people are associated with a property, that doesn't automatically mean each person owns exactly 25%. 

Ownership interests can depend upon how the property was acquired, how interests were transferred, inheritance circumstances, recorded documents and other factors. 

That's why I don't recommend trying to determine everyone's ownership percentage simply by counting family members. 

The public record and appropriate legal/title professionals should establish the actual ownership interests. 

Your job as a landowner is to provide the information you have and identify anything you know may be complicated. 

 3. What Does "Undivided Ownership" Mean?

A particularly common situation with inherited land is undivided ownership. 

In simple terms, several people may own interests in the same property without each person owning a physically separated piece of it. 

For example, imagine a family owns 120 acres. 

Three family members may each have an ownership interest in the whole property, rather than one person owning the northern 40 acres, another the middle 40 and another the southern 40. 

That's an important distinction. 

An ownership interest isn't necessarily the same thing as a specific part of a property. 

This becomes especially important when one family member says: 

“I want to sell my 40 acres.” 

If the ownership has never actually been divided that way, there may be considerably more to the situation. 

 4. What If One Owner Wants to Sell and Another Doesn't?

This is where things can become complicated. 

Imagine three siblings own a 100-acre tract. 

Two want to sell. 

One doesn't. 

The answer isn't necessarily as simple as: 

“The majority wants to sell, so we'll sell it.” 

The rights of each owner depend upon the particular ownership arrangement and applicable Louisiana law. 

There may be different legal options depending on the circumstances. 

This is one of those situations where we will want to get a Louisiana attorney invollved to provide the legal advice. 

As a land agent, my role is to help you understand the real estate and marketing side of the transaction—not to give you a legal determination about the rights of individual owners. I've never even played an attorney on television.

 5. Everyone Doesn't Necessarily Have to Be in the Same Room

Multiple ownership doesn't mean everyone has to live nearby. 

You might have: 

• One owner in Louisiana  

• Another in Texas  

• Another in Mississippi  

• Another who has moved way across the country  

That doesn't necessarily prevent the property from being sold. 

The legal professionals handling the transaction can explain the appropriate signing and closing procedures. 

The important thing is to identify all of the ownership interests early. 

Distance is usually easier to manage than discovering an additional owner at the last minute. 

 6. What If One of the Owners Has Died?

This is extremely important with an older family property. 

Suppose your parents owned land together. 

One passed away. 

Then one or more children inherited an interest. 

Years later, another family member passed away. 

Now grandchildren may have interests. 

After several generations, what began as one family's 80-acre tract can become a property involving multiple, even dozens of owners. 

This is one reason inherited land can be complicated. 

A family may know who the heirs are without the title records being in the condition that is necessary for a sale. 

That distinction matters. 

 7. What If Someone Has Never Been Through a Succession?

If an owner has died and the ownership has not been properly addressed through the applicable legal process, that can create a title issue. 

The solution isn't to ignore it. And it definitely isn't to simply have family members sign a sales agreement and hope everything works out. 

Instead, the appropriate legal and title professionals should determine: 

• Who has an ownership interest  

• What documentation is required  

• Whether a succession or other proceeding is necessary  

• Who has authority to act  

• What needs to happen before closing  

The sooner this is discovered, the better. 

 8. What If an Owner Lives Out of State?

This is common. 

Perhaps a parent left land to four children and one now lives in another state. 

That's not unusual. 

But make sure your agent and the closing/title professionals know about all owners from the beginning. 

Don't wait until you're almost at closing to mention: 

“Oh, by the way, my sister owns part of this and she lives in Colorado.” 

That information is much more useful before the property goes under contract. 

 9. What If an Owner Is Difficult to Reach?

This can be one of the biggest practical problems. 

Maybe an owner: 

• Moved years ago  

• Changed their name  

• Doesn't communicate with the family  

• Lives overseas  

• Has an outdated address in the records  

• Has simply lost interest in the property  

Again, don't wait until the last minute. 

If you know there may be a problem locating an owner, say so early on. 

A title professional or attorney may have ways to address the situation, depending upon the circumstances. 

But those things can take time. 

10. What If Everyone Agrees to Sell?

That's the best-case scenario. 

But even then, you want to make sure the ownership information is correct. 

I'd recommend creating a simple list of everyone you believe has an interest in the property. 

For each person, gather what you know about: 

• Full legal name  

• Current contact information  

• Relationship to other owners  

• How the person acquired their interest  

• Whether there are succession documents  

• Whether there are other known ownership documents  

Then let the appropriate professionals verify the details. 

Never assume your family tree is the same thing as a title search. 

It can be an excellent starting point—but it isn't a substitute for professional title work. 

11. What About an LLC, Partnership or Trust?

Not every multi-owner property is owned personally by individuals. 

The owner may instead be: 

• An LLC  

• A partnership  

• A trust  

• An estate  

• Another legal entity  

In those cases, there may be additional questions concerning who has authority to sell the property. 

For example, the person who has been managing the property may not necessarily be the person who has legal authority to sign a sale on behalf of an entity. 

Again, this is why early preparation matters. 

12. Don't Let Family Ownership Stop You From Asking Questions

Sometimes family members avoid talking about ownership because they don't want to open old wounds. 

I understand that. 

But if you're considering selling, those questions aren't going to disappear simply because you don't discuss them. 

In fact, they can become more difficult once a buyer is involved. 

I'd much rather see a family discover an ownership complication before listing the property than after accepting an offer.  

A Simple Multiple-Owner Checklist 

If more than one person may own your land, start here: 

☐ Locate the current deed 
☐ Identify everyone listed as an owner 
☐ Determine how the current ownership was created 
☐ Gather succession or inheritance documents 
☐ Identify owners who may have died 
☐ Determine whether additional heirs may have an interest 
☐ Gather current contact information for all known owners 
☐ Identify owners who live out of state 
☐ Locate any ownership agreements 
☐ Determine whether an LLC, trust or other entity is involved 
☐ Identify anyone whose ownership or authority is uncertain 
☐ Discuss potential problems with the appropriate title professional or attorney 

You don't have to solve every problem yourself. 

You do need to know where a problem might exist.  

My Advice to Landowners 

If you own land with other people and are thinking about selling, don't start with the listing. 

Start with the ownership. 

Research the recorded sale or sales in the public record. 

Talk to the family. 

Find the succession documents. 

Identify the owners. 

And if somebody says: 

“I think Aunt Mary inherited part of it.” 

don't simply assume that's correct—or incorrect. 

Find out.

A little investigation before the property is listed can save a tremendous amount of frustration later. 

And if the ownership turns out to be complicated, that doesn't necessarily mean the property can't be sold. 

It means you need to understand what has to happen before you expect the transaction to close.   

I absolutely will help you navigate this. I have had experiences, both good and bad along this road and have learned a lot over the years.

The Bottom Line 

Multiple ownership doesn't have to prevent you from selling your land. 

But it does mean that ownership should be understood before marketing and preferably before accepting an offer. 

The more complicated the property's history, the more important that becomes. 

If the land has passed through several generations, don't be surprised if the ownership requires some investigation. 

And don't view that investigation as a problem. 

It's preparation  and the process can take time. 

The goal is to identify the people who have rights in the property, determine what needs to be done, and give the appropriate professionals enough time to resolve questions before they become closing problems. 

That's good preparation—and good preparation gives a land seller a much better chance of having a smooth transaction. 

Coming Next in the Land Seller Series 

Article 14 — “What If I Inherited the Land?” 

Inherited land can be one of the most rewarding—and sometimes one of the most complicated—types of property to sell. 

What happens when the property came from your parents or grandparents? What if there are several heirs? What if the succession was never completed? And what should you do before putting inherited land on the market? 

We'll delve further into those questions in the next Land Seller Series article. 

This article is intended for general educational purposes and is not legal, tax, title, succession or other professional advice. Ownership interests, successions, undivided ownership and the authority to sell property can be highly fact-specific. Landowners should consult an appropriate qualified Louisiana attorney and/or title professional regarding their particular circumstances. 

Real Experience. Local Knowledge. Landowner Focused. 

With fact-checking and compilation assistance from ChatGPT, this article is shared by:

Randall C. (Randy) Anderson, REALTOR®/Agent 
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