Our connection to the Earth has always been rooted in our roles as caretakers, stewards, protectors, and cultivators of the land. Honoring this bond did not traditionally depend on documentation, signatures, or official stamps—our relationship with the land was defined by care and presence, not paperwork. Yet, within Western systems, formal ownership is demanded, reducing our connection to lines on a map and legal documents that attempt to claim every blade of grass as property.

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In our families there are oftentimes an elder who knows the land intimately—the significance of certain trees, the best places to plant the right crop, and can recall the stories that shape how the land has been foundational to generations. 

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For my family, that’s Uncle Ramsey who has stayed on the land long after everyone else left for city life. So we give thanks for those who remember and can remind us especially early in our journey of knowing our land. Although my great grandparents had a will in which they left their land to their seven children, life has changed rapidly over the past 50 years and the children of those original seven are now in the throes of figuring out how to save and split the land among a multiplied number of heirs. 

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Sound familiar?

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You can find comfort in that it is a familiar situation that Black families are navigating and wrestling with around the country. It may often feel overwhelming and incredibly intimidating to figure out where to start let alone how to go about the whole process. 

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As an attorney who has helped numerous families begin their journey to reclaiming their land, I encourage you to start with talking. Not just for talk sake, but to begin to ideate around what makes sense for the land and the family members who will be inheritors. This conversation is the beginning of 1) acknowledging that at some point the land will change hands and 2) the generation present is charged with developing a transition plan with strategies and milestones aligned with the family’s goals. 

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There are many things to consider when having these conversations and preparing to put together a plan so that you can avoid unnecessary challenges and burdens in the long-term. I recommend starting with these topics: 

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• Succession planning, which can include transferring or selling ownership, liquidating assets, or renting/leasing land or equipment. Discussing these options helps families create a clear transition plan, reduce uncertainty, and preserve the long-term value of the land for future generations.
• Business considerations, such as incorporation strategies. Exploring different business structures can improve operational efficiency, provide liability protection, and support a smoother transfer of ownership.
• Estate planning that considers maximizing tax benefits and defining who receives stewardship of the land next. 
• Risk management that takes into account worst-case scenarios, as well as financial and maintenance considerations. Planning for potential challenges helps ensure the land remains financially sustainable and resilient in the face of unexpected events, protecting both the property and the family’s legacy.

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These can be hard conversations; however, you don’t have to have them alone. There are resources, legal and otherwise that can assist you at every stage. Justis Connection and the Heirs Property network are two designed to support Black families. We can no longer afford to watch family homes and land disappear from Black hands. By taking the time to flush out what’s important, you set your family on a clearer path to ensure that the next generation gets to inherit the land in a smooth transition. 

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