How to begin determining legal ownership of a portion of land in Kansas
Detailed answer — first practical steps under Kansas law
When you need to determine who legally owns a portion of land that belonged to a relative, the single best first step in Kansas is a public-records search at the county level. Ownership of real property in Kansas is established by recorded deeds and related documents. A public-records search lets you trace the “chain of title” from your grandfather to current owners, reveal recorded transfers, liens, easements, and whether the property passed through probate.
Here is what to do first, step by step:
- Identify the county and parcel. Find the county where the land sits and the legal description or parcel (tax) ID. The legal description appears on deed documents and on the county assessor’s property listing.
- Search the county Register of Deeds. Go to the county Register of Deeds (sometimes called Recorder of Deeds) office or its online records portal. Search recorded deeds, deeds of trust (mortgages), releases, plats, and easements. Record copies of any deed that names your grandfather, the parcel’s current deed, and earlier transfers. County recordings are the primary legal evidence of ownership.
- Check county assessor and treasurer records. The assessor’s database shows who is billed for property taxes and provides parcel maps and current ownership names. The treasurer’s office will show tax payment and delinquency history, which can point to liens or foreclosures.
- Look for probate records. If your grandfather died owning the land, the title may have transferred through a probate case. Search the district court/probate records for the county where he lived or where the property is located to see whether an estate administration or will was filed.
- Review the chain of title. Using the recorded deeds, follow transfers from your grandfather forward (or backward) to the present. Look for any quitclaim or warranty deeds, transfers to heirs, or transfers to third parties. Note any names, dates, and recorded instrument numbers to build a clear ownership chain.
Relevant Kansas law themes to keep in mind:
- Recording statutes and conveyance requirements govern how property transfers are made official in Kansas. See Kansas statutes on conveyances and recording for details: K.S.A. Ch. 58 (Conveyances).
- Probate and estate administration affect whether title moved by will or by intestate succession. See Kansas probate provisions: K.S.A. Ch. 59 (Probate).
- Disputes about ownership, boundary lines, or adverse possession may require civil actions under Kansas civil procedure rules: K.S.A. Ch. 60 (Civil Procedure).
When a basic records search may not be enough
If deeds are unclear, if parcels were conveyed informally, if the property was part of an unadministered estate, or if neighbors claim ownership by long use, you may need more than a simple records pull. Typical next steps include ordering a professional title search from a title company, having a licensed land surveyor confirm boundaries, or consulting a real estate or probate attorney about filing a quiet title or probate action in district court.
Quiet title, boundary disputes, and adverse possession are legal remedies that change who holds legal title. They involve court procedures and deadlines under Kansas law. If you suspect any of these issues, contact an attorney early to avoid losing rights or missing statutory deadlines.
Disclaimer
This article is for educational purposes only and is not legal advice. Laws change and every situation is unique. For legal advice about a specific property or case, consult a licensed Kansas attorney who handles real estate or probate matters.
Helpful Hints
- Start at the county level: Register of Deeds, county assessor, and district (probate) court.
- Gather identifying details: property address, legal description, parcel (tax) ID, and any deed copies you already have.
- Copy the entire chain of recorded deeds from your grandfather forward to see how title passed.
- Look for words like “heirs,” “executor,” “administrator,” or transfers “by will”—those suggest a probate link.
- Check for liens, mortgages, and easements recorded against the parcel; they affect what rights the owner actually has.
- If records are confusing or incomplete, order a title search from a licensed title company; they track chain-of-title issues professionally.
- If you face a boundary dispute, have a licensed surveyor prepare a current survey before talking to neighbors or filing court paperwork.
- When in doubt, consult a Kansas real estate or probate attorney before taking legal action. An attorney can advise about quiet title suits, probate reopening, or adverse possession claims.
- Use the Kansas statutes as a reference: Conveyances (K.S.A. Ch. 58), Probate (K.S.A. Ch. 59), and Civil Procedure (K.S.A. Ch. 60) at https://www.ksrevisor.org/statutes/.