Faith Rivers James delivers keynote address at SC Master-in-Equity Judge’s Association Annual Meeting

In her remarks, Rivers James discussed the complexities of partitioning tenancy in common property, and provided historical and socio-political context for partitioning African American heirs’ property in South Carolina.

Rivers James reviewed the tools available to Masters-in-Equity under the South Carolina partition statute, court administration rules and case law.

Based on her legislative counsel experience, Rivers James assessed the provisions of the existing partition statute and noted several challenges in the ongoing effort for statutory reform. She suggested several measures, including mediation and neutral subdivision support services, which would enable judges to equitably divide property while honoring the sentimental attachment that family co-tenants have to these historic lands.

Writing in the American Bar Association’s Real Property, Trust and Estate Law Journal, Julius J. Zschau, Ulysses Clayborn, and Andrew M. O’Malley recently cited Rivers James’ scholarship on heirs’ property as, “one of the most comprehensive reviews of the nature of, and problems associated with heirs’ property in the Carolinas and in other southern states.” (Using Land Trusts to Prevent Small Framer Land Loss, 4. Real Prop. Tr. Est. J. 521 (2009)).

Rivers James said she was honored to be invited to address the Masters-in-Equity Judges’ Association.

“These judges are asked to divide family treasures with the Wisdom of Solomon,” Rivers James said. “Equipping them with the proper tools can turn a blunt sword into a fine-tuned scalpel, enabling them to ‘split the baby’ without killing the family legacy.”

Second year law student Brendan Garcia assisted with the research on partition statutes and cases for the presentation.

Click here for additional information about Faith Rivers James.