First Step to Confirm Legal Ownership of a Portion of Your Grandfather’s Land in Indiana
When you need to determine who legally owns a portion of land that belonged to your grandfather, the first and most effective step under Indiana law is to trace the chain of title using public records. Start by locating and reviewing recorded deeds and related documents at the county recorder’s (or clerk’s) office where the property is located. These records will show how title moved from person to person and whether the land passed through probate, a deed, or another legal instrument.
Detailed answer — step-by-step guidance
1. Gather basic identifying details
- Get any information you already have: your grandfather’s full legal name, approximate date(s) of purchase, street address, or a legal description if you can find one.
- If you have old tax bills, mortgage statements, a survey, or an old deed, bring copies — they speed up the search.
2. Search recorded deeds and the chain of title
Go to the county recorder (sometimes called the county recorder of deeds or county clerk) in the county where the land lies. Many county recorders now offer online databases you can search by name, parcel number, or address. Look for:
- Deeds transferring the property (warranty deeds, quitclaim deeds).
- Mortgages, liens, releases, and easements.
- Affidavits, correction instruments, and plats or surveys filed with deeds.
Follow the chain of title backward and forward from your grandfather’s name. The recorded deeds will show who conveyed the land, who received it, and the legal description used to identify the parcel.
3. Check probate records
If your grandfather died owning the land, check the probate court records for his estate. Probate records can show if the property passed under a will, by intestacy (statutory succession), or was otherwise transferred during the probate process. Indiana’s probate code governs estate administration — see Title 29 of the Indiana Code for the statutory framework: https://iga.in.gov/legislative/laws/2023/ic/titles/29.
4. Use county tax assessor and GIS maps
The county assessor’s office and the county’s online GIS (mapping) portal can identify the current tax parcel owner and parcel boundaries. The tax records often show the current named owner, parcel number, acreage, and assessed value. Pairing deed records with tax/GIS maps helps confirm which portion of the property you are investigating.
5. Review recorded instruments and legal descriptions
Compare legal descriptions on deeds to the parcel map and survey, if available. Deed language and legal descriptions (metes and bounds or lot/plat references) determine the area conveyed. If descriptions are inconsistent, you may need a surveyor’s help to match recorded descriptions to the physical land.
6. Consider title searches or a title report
A licensed title company or an attorney can run a professional title search and prepare a title report or abstract. These searches identify any breaks in the chain, undisclosed liens, easements, or competing claims that the public records alone may not clearly show.
7. When you may need to consult an attorney
- The chain of title has gaps or missing records.
- Multiple people claim ownership.
- Probate was never opened and property was allegedly transferred after death.
- There is a boundary dispute or a possible adverse possession claim.
- You want to clear title (quiet title action) or resolve liens.
Relevant Indiana law and public-records resources
Recording rules and how recorded instruments affect third parties are governed by Indiana’s property-recording provisions. For an overview of statutes that govern recording and related instruments, see Title 32 of the Indiana Code: https://iga.in.gov/legislative/laws/2023/ic/titles/32#32-21. For probate-related transfer rules, see Title 29: https://iga.in.gov/legislative/laws/2023/ic/titles/29.
Helpful hints
- Start local: visit the county recorder and assessor where the land sits before spending on paid searches.
- Bring identifying details: names, addresses, parcel numbers, and any old documents you have.
- Get certified copies of key deeds and the probate docket entries rather than relying on summaries.
- If online records exist, use name and parcel searches. Recorders’ staff can usually point you to the right indices.
- Be careful with similar names — include middle names and suffixes when searching recorded documents.
- If legal descriptions are unclear, hire a licensed land surveyor to map deed descriptions to the physical property.
- When the chain of title is broken, or claims conflict, a quiet title action filed in court can resolve ownership — consult an attorney before filing.
- Title companies can issue a title commitment for a fee; this is helpful if you plan to sell or refinance.
Next practical steps: 1) Identify the county of the land. 2) Visit the county recorder’s office (or their website) and pull recorded deeds back to your grandfather’s first appearance and forward to the present. 3) Check probate dockets for your grandfather’s estate. 4) If you hit gaps or disputes, contact a real estate attorney or title company for a thorough title search or legal advice.
Disclaimer: This article explains general steps under Indiana law and is for informational purposes only. It is not legal advice. For help specific to your situation, consult a licensed Indiana real estate attorney or a title professional.