Land Seller Series — Article 14 
What If I Inherited the Land? 

(Approximately 18-minute read. This is specific and important information. The article is dense, procedural, and detail‑heavy -- especially sections listing succession documents, mineral rights, timber agreements, and access considerations. Readers typically slow down on these parts, so the real‑world read time for most people will feel closer to 20–22 minutes. Some of this includes repetition from earlier articles, but I was concerned that some heirs would choose to read only this article. If you have inherited or might inherit a lot or acreage or a large tract you need to spend the time necessary to know what that means and involves.) 

22 YEARS OF EXPERIENCE 
Helping landowners sell with confidence since March, 2004 

In South Louisiana, land is often more than an investment. 

It may have been the property where your parents lived, where your grandparents hunted, where your family ran cattle, where timber was harvested, or simply a piece of land that remained in the family for generations. 

Then something happens. 

A parent, grandparent, relative, or other family member passes away—and suddenly you find yourself owning, or potentially owning, land that you didn't purchase yourself. 

You may know that you inherited the property. But that doesn't necessarily mean you know exactly what you inherited, who else may own an interest, what needs to be done before the property can be sold, or what the property is actually worth. 

These questions are particularly important in South Louisiana, where rural property can involve complicated family ownership, old records, mineral interests, timber, leases, servitudes, access questions, and property that may have been passed from one generation to another without being actively managed. 

If you inherited land and are considering selling it, the first step usually isn't putting a price on it. 

The first step is understanding exactly what you own. 

Inheriting Land Is Different From Simply Buying Land 

When you purchase land, there is generally a transaction that establishes the transfer from the previous owner to you. 

Inherited property is different. 

Ownership may be connected to a succession—the legal process through which a deceased person's property and rights are handled and transferred to the appropriate successors. 

In Louisiana, a judgment of possession can recognize the heirs or legatees and place them into possession of property owned by the deceased at the time of death. 

That distinction matters when you're thinking about selling. 

You may say: 

"This was my father's property, and he left it to me." 

But the person preparing the sale may need to establish something much more precise: 

• Who was the deceased owner? 

• Was there a will? 

• Was a succession opened? 

• Who were the heirs or legatees? 

• Was a judgment of possession rendered? 

• Who was placed into possession? 

• Are there multiple owners? 

• Was there a surviving spouse with an interest? 

• Were any interests renounced, transferred, or otherwise affected? 

• Are there unresolved succession matters? 

• Are the appropriate ownership documents recorded? 

These aren't necessarily problems. 

These are questions that need to be answered before a sale can proceed smoothly. 

What Should I Do First? 

If you've inherited land and are thinking about selling, resist the temptation to immediately start advertising the property. 

Start by gathering the information. 

Look for: 

• The deceased owner's name 

• The date of death 

• The succession records 

• The will, if there was one 

• The judgment of possession, if one was rendered 

• Any documents identifying the heirs or legatees 

• The property's legal description 

• Previous ownership records 

• Property tax information 

• Any surveys or plats you have 

• Mineral documents 

• Timber agreements 

• Leases 

• Servitude or access information 

• Any mortgages, liens, or other recorded interests 

You may not have all of these documents. 

That's okay. 

The purpose of the first step is to determine what exists and what may still need to be located.  

What If There Are Several Heirs? 

This is one of the most common issues with inherited land. 

Suppose your parents owned 160 acres in Ascension Parish. 

After your father's death, the property eventually passed to you and your three siblings. 

You may think: 

"It's our family's property, and we'd all like to sell it." 

That's a good starting point. 

But the sale still needs to account for the ownership interests of the people who have rights in the property. 

If multiple people own interests in the property, everyone whose participation is legally required needs to be properly addressed. 

And family agreement is not necessarily the same thing as having the legal documentation in place to convey the property. 

This is one reason inherited land should be reviewed early by the appropriate legal professional when there is any uncertainty about ownership.  

What If the Succession Was Never Completed? 

This situation deserves particular attention. 

A family may have continued using land for years after someone died without formally completing all of the necessary succession work. 

The family may have paid the property taxes. 

Someone may have maintained the property. 

A family member may have hunted the property for years. 

Everyone may agree about who the property "belongs to." 

But when the family decides to sell, the title and succession records may need to be addressed. 

A buyer, title examiner, closing attorney, or title insurer may require the ownership history to be properly established before the transaction can close. 

This is not necessarily a reason you cannot sell. 

It is a reason to identify the issue early.  

What If the Property Has Been in the Family for Generations? 

This is especially common with rural South Louisiana property. 

A tract may have passed: 

Grandparents → children → grandchildren 

over several generations. 

By the time someone wants to sell, there may be numerous ownership interests involved. 

There can also be older records that are difficult to interpret. 

You may hear family members say things like: 

"Granddaddy left it to all of us." 

or: 

"Mama always said this was my brother's part." 

or: 

"We've been paying the taxes on it for years." 

Those statements may be useful clues. 

But they aren't a substitute for determining the property's actual legal ownership. 

The farther back the ownership history goes, the more important it becomes to have the property's records properly examined.  

What If I Don't Have the Original Documents? 

Don't assume the sale is impossible. 

Start with what you do have. 

For example: 

• A copy of a judgment of possession 

• An old survey 

• Property tax records 

• A prior closing statement 

• A recorded instrument 

• A succession case number 

• An old appraisal 

• A mineral lease 

• A timber agreement 

• An insurance document 

• Family records 

These can provide valuable information that helps professionals locate the underlying records. 

A land professional can also help you identify the questions that need to be answered about the property. 

However, determining legal ownership and resolving succession or title issues is a matter for the appropriate attorney and title professionals—not the real estate agent.  

What About a Will? 

If the person who owned the property left a will, locate it. 

Don't assume that because the will says someone receives the land, there is nothing else that needs to be done. 

The way property passes through a succession can depend on the specific circumstances. 

The will, succession proceedings, judgment of possession, ownership records, and other documents may all be relevant. 

This is one of those situations where having the document is much better than relying on someone's recollection of what it said.  

What If There Is a Surviving Spouse? 

This can be another important consideration. 

Louisiana succession and community-property rules can create circumstances in which a surviving spouse has rights or interests that need to be considered. 

The Louisiana Code of Civil Procedure specifically provides that a judgment of possession can recognize a surviving spouse in community as entitled to possession of an undivided one-half of community property and, under specified circumstances, the usufruct of the other undivided one-half. 

The exact circumstances matter. 

That's why you shouldn't try to determine ownership simply by looking at the names you remember from the family.  

What About Mineral Rights? 

For South Louisiana landowners, this question can be particularly important. 

Inherited land may have: 

• Mineral rights 

• Mineral reservations 

• Mineral leases 

• Royalty interests 

• Production history 

• Surface-use agreements 

• Pipeline servitudes 

• Other recorded interests 

And the ownership of the surface does not necessarily tell the entire story concerning mineral interests. 

If your family has ever received mineral payments, signed mineral documents, discussed drilling, or dealt with pipelines or other energy-related activity, gather those records. 

Don't throw them away simply because you're selling "the land." 

Your attorney and other appropriate professionals should determine how those interests affect the transaction. 

What About Timber? 

South Louisiana timberland can have its own history. 

If the inherited property has been subject to: 

• Timber contracts 

• Timber harvesting 

• Timber reservations 

• Forestry management agreements 

• Recent timber sales 

locate those documents. 

A buyer needs to know what rights and obligations affect the property. 

A timber agreement signed years ago can be just as important to the property's history as a much newer document. 

Note: Over the years that I have had my real estate license, the importance and value of timber has become less of a consideration. But that does NOT mean that any property might have financials obligations form the past.  

What About Access? 

Inherited rural property can sometimes present access questions that family members have simply taken for granted. 

For example, your family may have used the same road to reach the property for decades. 

But ask: 

How is that access legally established? 

It could involve: 

• A public road 

• A recorded servitude 

• A right of passage 

• A private road 

• A shared driveway 

• An access agreement 

• Another legal arrangement 

Don't assume that because your family has always used a particular road, the legal access situation is automatically clear. 

If access is questionable, identify that issue before you begin marketing the property.  

What If One Heir Wants to Sell and Another Doesn't? 

This is where inherited land can become complicated very quickly. 

If several people have ownership interests, one person generally cannot simply decide that the entire property will be sold because he or she wants to sell. 

There may be options available depending upon the ownership structure and circumstances, but those options can involve legal procedures. 

Louisiana law contains specific procedures governing the sale and partition of property in certain circumstances, and succession representatives may have authority to sell succession property under circumstances established by law and court procedure. 

The important point for a landowner is simple: 

Don't assume that a disagreement among heirs means the property cannot be sold—but don't assume that one heir can sell everyone's interest either. 

Get the ownership question properly addressed.  

Does Inherited Land Need a Survey? 

Not necessarily. 

A survey may or may not be appropriate depending on the property, the existing records, the legal description, boundary questions, access, improvements, and the expectations of the buyer and closing professionals. 

But inherited property is a good example of why a survey should be considered as part of the overall property review rather than treated as an automatic requirement. 

If the family has an old survey, keep it. 

Even if it is outdated, it may contain useful information. 

If boundaries have never been clearly established—or if there is a dispute or uncertainty—a professional may recommend obtaining an updated survey.  

What About the Value of Inherited Land? 

Once you know who owns the property and what rights affect it, you can begin addressing value. 

And inherited property presents another interesting issue: 

Family history does not determine market value. 

The fact that your parents paid $500 per acre decades ago doesn't tell you what the property is worth today. 

Neither does the fact that a neighboring tract recently sold for a particular price. 

Land value can be affected by: 

• Location 

• Acreage 

• Access 

• Flood risk 

• Wetlands 

• Timber 

• Minerals 

• Agricultural use 

• Hunting potential 

• Development potential 

• Zoning or land-use restrictions 

• Utilities 

• Drainage 

• Topography 

• Shape of the property 

• Road frontage 

• Restrictions 

• Existing improvements 

• Market demand 

Two inherited properties only a few miles apart can have dramatically different values. 

That's why determining value should come after understanding the property itself.  

Don't Let Family History Hide Property Problems 

Inherited land sometimes receives less attention than property someone purchased recently. 

That's understandable. 

You may not have chosen the property. 

You may not live near it. 

You may have never walked the entire tract. 

You may not know what happened on the property over the last 20 or 30 years. 

Before selling, take the opportunity to learn about it. 

Ask: 

• Who has been using it? 

• Has anyone leased it? 

• Is anyone farming it? 

• Has timber been harvested? 

• Has anyone hunted it? 

• Are there pipelines? 

• Are there wells? 

• Are there servitudes? 

• Is there legal access? 

• Are there improvements? 

• Are there encroachments? 

• Are there boundary disputes? 

• Are there unpaid taxes? 

• Are there mortgages or other recorded interests? 

• Are there mineral or royalty interests? 

• Are there environmental or flood-related concerns? 

You don't have to know all the answers yourself. 

But you should know which questions need answers.  

A Simple Inherited-Land Checklist 

Before moving toward a sale, consider gathering: 

Succession Information 

• ☐ Death certificate 

• ☐ Will, if applicable 

• ☐ Succession information 

• ☐ Judgment of possession 

• ☐ Information identifying heirs/legatees 

• ☐ Any succession-related court documents 

Property Information 

• ☐ Legal description 

• ☐ Property tax information 

• ☐ Prior ownership records 

• ☐ Survey or plat 

• ☐ Property map 

• ☐ Access information 

Property Rights 

• ☐ Mineral documents 

• ☐ Timber agreements 

• ☐ Leases 

• ☐ Servitudes 

• ☐ Easements/access agreements 

• ☐ Pipeline documents 

• ☐ Other recorded interests 

Family Ownership 

• ☐ Identify every person with an ownership interest 

• ☐ Determine whether everyone agrees about selling 

• ☐ Identify any unresolved succession issues 

• ☐ Identify any known ownership disputes 

Property Condition 

• ☐ Flood information 

• ☐ Wetlands concerns 

• ☐ Drainage 

• ☐ Timber 

• ☐ Agricultural use 

• ☐ Hunting use 

• ☐ Improvements 

• ☐ Development potential 

• ☐ Boundary concerns 

You may not need every item. 

But collecting what you have can make the process much easier. 

The Most Important Question May Not Be "What Is It Worth?" 

If you inherited land and are considering selling, your first question may naturally be: 

"How much is this land worth?" 

That's certainly an important question. 

But there may be another question that needs to come first: 

"Do I have everything in place to sell it?" 

A property can have substantial market value and still require work before it can be successfully transferred. 

Resolving those issues early can help prevent surprises later. 

It can also give you a much clearer understanding of what you're actually selling. 

If You Inherited Land and Don't Know Where to Start 

You don't need to solve every issue before taking the first step. 

Start with three things: 

1. Determine who owns the property.

Review the succession and ownership records. 

2. Determine what affects the property.

Look for access, minerals, timber, leases, servitudes, mortgages, liens, boundaries, flood issues, and other property-specific matters. 

3. Determine what the property is worth.

Once the property and ownership picture are reasonably clear, obtain a market analysis based on the property's actual characteristics and current market conditions. 

And remember: 
A real estate professional can help you understand the property and the market, but legal questions concerning successions, ownership, title, mineral rights, and other legal interests should be handled by the appropriate Louisiana attorney or other qualified professional. 

One Final Thought 

Inherited land will, more than likely, carry a lot of history. 

Sometimes that history makes the decision to sell difficult. 

Sometimes it makes the property especially valuable to the family. 

And sometimes the family simply reaches a point where everyone agrees that it makes sense to sell and divide the proceeds. 

Whatever your situation, you don't have to rush the decision. 

Before deciding whether to sell, take the time to understand what you inherited. 

• Know the ownership. 
• Know the property. 
• Know the issues. 

Then you can make a decision based on facts rather than assumptions. 

After more than two decades of helping landowners sell, I've found that one of the best things a landowner can do is ask questions before making a major decision. 

That is what this series is about. 

Not telling you that you should sell. 

It is intended to help you understand the process well enough to decide what is right for you. 

Coming Next in the Land Seller Series 

Article 15 — "What If There Is a Mortgage, Lien, Succession Issue or Other Problem With the Property?" 

Not every property comes to market with a clean, simple history. 

A mortgage may still be attached to the property. There may be a lien, an unresolved succession matter, an access problem, an old recorded interest, or another issue that makes the property more complicated than it first appears. 

In Article 15, we'll look at some of the problems landowners commonly discover before selling—and what you should know about them before they become a surprise at closing. 

Come back in two days for the next article in the Land Seller Series. 

You can always go to my real estate blog and locate all articles posted to date for the series.  Go here: 
https://tinyurl.com/RandyAnderson-RE-Blog

Educational Disclaimer 

This article is provided for general educational and informational purposes only. It is not intended to provide legal, tax, accounting, title, surveying, mineral-rights, or other professional advice, and it does not create an attorney-client or other professional relationship. Louisiana succession, ownership, title, mineral, tax, and property laws can vary depending upon the specific facts and circumstances. Landowners should consult the appropriate licensed Louisiana attorney, tax professional, title professional, surveyor, or other qualified professional when legal or technical advice is required. 

The information in this article is intended to help South Louisiana landowners understand questions they may want to ask—not to replace professional advice concerning their particular property. 

Helping landowners sell with confidence since March, 2004 

With assistence from ChatGPT with fact-checking and organization, shared by: 

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