What are some of the problems with accessing government assistance? Everyone has their own opinions about what the problems are, but almost everyone can also agree that the red tape and bureaucracy are among the most frustrating. This is particularly true for families living on heir property in the path of a disaster.

What is heir property?

Heir property is informally inherited land that comes without written wills or deeds. Often a deed for the land hasn’t been filed in generations. This means that not only are there several people in the family with ownership interest but also that it is difficult for anyone in particular to prove their ownership interest. Even the family member that lives on the land itself and pays property taxes may not be able to show that they have a clear title to their home.

This problem often arises in low-income families…families that don’t have access to the court system. Across the south, Black families can trace the land their homes and farms sit on as far back as Reconstruction. But discrimination and distrust in the legal system blocked their ancestors from formalizing their ownership on paper. In addition to that, Black, Latino, and low-income families are more likely to live in communities vulnerable to disasters like flooding.

This can lead to all kinds of problems, but in the case of a disaster declaration, it means that the family member who lives on the land cannot access FEMA funding for disaster recovery. To guard against fraud, FEMA must be able to verify that the person applying for funds actually owns the land or property that was affected by the disaster. While this may seem simple for someone who bought their home ten years ago and have a deed in their name filed at the local courthouse, a person whose great grandfather bought the land he lives on will likely not have an updated deed. Even though the owner heir may have lived on that land their whole life, without a deed or mortgage document they cannot establish clear ownership.

FEMA’s update addresses this problem.

Starting August 23, 2021, amendments to FEMA Policy 104-009-03 allow more flexibility for disaster survivors to prove ownership of their land and home. First of all, FEMA will send out an inspector to attempt to verify ownership before automatically denying a claim. Second, and most importantly, FEMA will accept other forms of documentation to prove ownership. Some of the documents that FEMA will now accept to prove ownership includes property tax receipts or bills, contract for deed, will or affidavit of heirship along with a death certificate, receipts for major repairs or improvements, court documents regarding land disputes, or even a letter from a public official verifying ownership.

FEMA’s updated policy is just one step toward addressing equity gaps that have obstructed its ability to respond to disasters. The agency has also announced changes for victims who become disabled due to the disaster. FEMA will provide help for accommodations like ramps and paved paths that can make damaged homes safe and functional for people with disabilities, even if the home didn’t have these accommodations before the disaster.

Updates will also make it easier for renters to submit paperwork to prove that they live at affected properties. In addition to a written lease or rent receipts, renters will now be able to submit documents such as their car registration and letters from local schools or nonprofits. People in mobile homes will also have the flexibility to submit a letter from the property's owner in the case when they lease space in a trailer park or on someone’s land.

If you need help with the title to your heir property or with FEMA issues, reach out to an attorney of your choice. If you choose the Center for Arkansas Legal Assistance we may be able to help you for free if you qualify by calling us at 501-376-3423 or toll-free at 1-800-950-5817.

AUTHOR: HELEN NEWBERRY, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES