First steps to confirm property ownership in California | California Probate | FastCounsel
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First steps to confirm property ownership in California

How to start confirming who legally owns a portion of your grandfather’s land — California

Short answer: The first practical step under California law is to locate the property’s identifying information (parcel number or legal description) and then search the county recorder’s and assessor’s public records for recorded deeds, easements, and tax records. Those public documents usually show who holds title and what interests affect the property.

Detailed answer — step-by-step

1) Identify the property (parcel number or legal description)

Start by finding whatever paperwork you already have: the deed, a tax bill, mortgage statements, or older family records. If you don’t have any, locate the county assessor’s records for the county where the land is located. The assessor’s office keeps parcel numbers, maps (APNs), and assessed owner names. Knowing the parcel number or legal description makes all other searches much faster.

2) Search county public records: recorder and assessor

In California, deeds, deeds of trust, easements, and other instruments that affect title are recorded at the county recorder/registrar of deeds for the county where the land sits. Those recorded instruments are public records, and many California counties provide an online searchable index. Search both:

  • Recorded deeds (look for grant deeds, quitclaim deeds, and grant deed with warranty).
  • Deeds of trust (these show mortgages or liens).
  • Easements, restrictions, or covenants that affect use or ownership rights.

Recorded public records are your primary source to establish who currently owns legal title and what encumbrances exist.

3) Read the chain of title

Start with the most recent deed and work back in time to confirm how title passed (for example, from your grandfather to his heirs, or via sale). A continuous chain of properly recorded deeds generally establishes legal ownership. Watch for gaps, ambiguous transfers, or deeds that transfer “to heirs” without naming them — those may require closer work to interpret.

4) Check property tax and assessment records

The county assessor’s records show who is billed for property taxes. While the tax roll is not definitive proof of legal title, discrepancies between the assessor’s owner name and recorded deeds are a strong clue that further investigation is needed.

5) Beware of common complications

  • Unrecorded transfers — California law favors recorded instruments; unrecorded transfers may not protect subsequent purchasers.
  • Probate or intestate succession — if your grandfather died owning the land personally and title never transferred through probate or a recorded deed, ownership may be set by probate or transfer-on-death documents.
  • Adverse possession, prescriptive easements, or boundary disputes — these are legal doctrines that can affect ownership or use but typically require court action to resolve.

6) When documentary searches aren’t conclusive: consider a quiet title or professional title search

If public records are messy or you cannot assemble a clear chain of title, a full title search by a title company or an attorney can locate and analyze all recorded instruments, liens, and defects. When legal ownership remains unclear, the usual remedy in California is a civil action to quiet title — a lawsuit asking a court to declare who holds title and to remove competing claims. See the Code of Civil Procedure provisions on actions to determine title: Code Civ. Proc. § 761.010.

7) Preserve evidence and contact interested parties

Keep careful copies of any family deeds, wills, trust documents, and communications. Talk to relatives who may have knowledge. If others claim an interest, gather their documents and any recorded instruments that support or contradict ownership claims.

8) If you’re uncertain, get professional help

Title companies can provide a report and title insurance for purchases. Real property attorneys can advise whether you should pursue probate, a quiet title action, or alternative dispute resolution. These professionals can also explain statutes, deadlines, and court procedures that affect land claims.

Relevant California statute and public-records resource

Recorded documents affecting real property are public records under California law. For information on public records generally, see California’s Public Records Act: Government Code § 6250. For civil actions to determine title (quiet title), see: Code of Civil Procedure § 761.010.

Helpful hints

  • Start at the county level: find the county assessor and county recorder/registrar of deeds where the property is located. You will usually need the parcel number or street address to search online.
  • If you only know a name (e.g., your grandfather), search the recorder index for that name and narrow results by date and parcel.
  • Watch for different deed types: a grant deed implies certain promises; a quitclaim deed transfers whatever interest the grantor has without guarantees.
  • Don’t rely solely on tax bills. The assessor’s name may lag or be listed differently than the recorded owner.
  • If the property was in a trust, look for recorded trustee’s deeds or trust documents recorded in probate or other court files.
  • Document everything: make copies of every recorded instrument and keep notes of who you contacted and when.
  • If you plan to buy, sell, or litigate, get a title report and consult a real property attorney early to avoid missing critical deadlines.
  • Use official online resources: the California Board of Equalization’s property tax pages and the county websites can help you locate assessor and recorder contact info: California Property Tax (BOE).

Disclaimer: This article explains general California legal concepts and practical first steps. It is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed California attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.