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The problem

How titles tangle.

Heirs’ property is real estate passed down without a formal transfer. This page describes the legal situation in the words of the studies that measured it.


How a title tangles

“When a record owner dies, the deed at the Department of Records continues to bear the name of the deceased unless the heirs take action.”

City study · Pew Charitable Trusts, “How ‘Tangled Titles’ Affect Philadelphia” (2021) · page 9

“The probate process through the local courts is a necessary step for most properties upon the death of the owner. The result is a tangled title.”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 10

“the deceased owner’s name remains on a property’s title, even though the property’s ownership has passed to multiple subsequent generations of the deceased’s heirs”

USDA ERS, Burnett & Winters-Michaud (2025) · page 618

Pew calls a deceased record owner whose heirs have not acted the most common way a title gets tangled, not the only one.

City study · Pew Charitable Trusts, “How ‘Tangled Titles’ Affect Philadelphia” (2021)


What an owner can’t do without clear title

“A clear title is needed to sell the home at market rate or to obtain a mortgage, loans for upkeep, or insurance.”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 4

“With a tangled title, in most cases, one can’t sell the home, take out a home equity loan, obtain homeowner’s insurance, or participate in city home repair programs”

City study · Pew Charitable Trusts, “How ‘Tangled Titles’ Affect Philadelphia” (2021) · page 10

“under-used and under-developed”

USDA ERS, Burnett & Winters-Michaud (2025) · page 622


Consequences

“many uses of the land and property require unanimous consent among all heirs”

USDA ERS, Burnett & Winters-Michaud (2025) · page 618

“written consensus among all living heirs”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 10

“Heirs property owners are vulnerable to forced sales and property loss”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 4

“significantly below market value, resulting in a loss of wealth for the family”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 10

“property loss, loss of generational wealth, abandonment, and community blight”

Housing Assistance Council for Fannie Mae (Dec 2023, corrected Mar 2024) · page 10

“argued to be a leading cause of involuntary land loss”

USDA ERS, Burnett & Winters-Michaud (2025) · page 619


One city, measured

“effectively ‘dead capital’”

City study · Pew Charitable Trusts, “How ‘Tangled Titles’ Affect Philadelphia” (2021) · page 10

10,407

at least 10,407 tangled titles in Philadelphia, 2% of residential properties

City study · Pew Charitable Trusts, “How ‘Tangled Titles’ Affect Philadelphia” (2021) · report summary

Counts of residential properties in Philadelphia, identified by death-record matching.

32% vs 9%

of tangled-title properties are tax-delinquent, vs of residential properties citywide

City study · Pew Charitable Trusts, “How ‘Tangled Titles’ Affect Philadelphia” (2021)

Counts of tangled-title properties vs of all residential properties in Philadelphia.

Next page · Market size →