When You Find Land Still in the Name of a Grandparent Who Died Long Ago

The older the land, the more the starting point is redrawing the family tree from documents. Relying on memory easily leads to the registration being rejected because an heir was left out. If you know the registered owner but not where the land is, you can search through the ancestral land search service at the city, county or district office.

• Check the current registered owner, area and land category from the land registry and the land ledger
• Check the registered owner's certificate of removed family register (제적등본, from birth to death) and date of death
• If any heirs have died since, obtain their family relationship documents in turn
• Check who is currently using the land and who has been paying the property tax

There is no statutory deadline for inheritance registration (상속등기), so it can be done even after decades. However, the heirs and their shares are determined by the law in force at the time of death, so if the person died long ago, an order of heirs or shares different from today's may apply. There were periods when sons, daughters and married daughters received different shares from today, so even within the same family, the shares differ depending on who died when.

If any of the heirs has died in the meantime, that person's share passes in turn to their own heirs. When inheritances pile up like this, the co-heirs, down to grandchildren and great-grandchildren, can number in the dozens.

If all the heirs stamp a division agreement with their registered seals, the land can be registered in the name of whoever is chosen. If even one cannot be reached or objects, you ask for an adjudication on division of the estate (상속재산분할) against all the other heirs, and for anyone whose whereabouts are unknown, an administrator of an absent person's property (부재자재산관리인) is appointed.

If the land is not worth much, it is sometimes more realistic to first register it in everyone's names by statutory shares and then have the person who needs it buy the other relatives' shares. Grandchildren who received only a small share can end up paying property tax they do not want, so decide together who will transfer shares and who will receive them.

When there are many heirs, collecting everyone's registered seal documents takes months. Certificates of seal impression used for registration must be reissued if they are too old, so plan the order so that the first people's documents do not expire by the time you receive the last person's.

• Writing a division agreement only among close relatives without confirming all the heirs
• Suddenly telling a relative who has been using the land to leave
• Filing for registration before checking the taxes

If one relative has used the land as their own for a long time, they may claim to have acquired ownership by 20 years of possession (Civil Act (민법) Article 245). Check how their possession began and whether they paid for its use.

Acquisition tax is supposed to be reported within 6 months from the last day of the month in which the inheritance began, so an inheritance put off for a long time may come with a penalty tax. It is wise to check the taxes with a tax accountant or the local government before registering.

Jisan Law uses certificates of removed family register to confirm the family tree and the law in force at each time of death, sets out the heirs and their shares, and, dividing the relatives into those who can agree and those who cannot, chooses the right route among a division agreement, appointment of an administrator of an absent person's property and an adjudication on division of the estate. Jisan Law also goes on to handle the application for inheritance registration.