How to begin identifying legal ownership of a portion of land under Kentucky law
Disclaimer
This article is educational only and not legal advice. It explains common steps under Kentucky law a person can take to learn who owns a piece of real property. For help applying these steps to your specific situation, consult a licensed Kentucky attorney.
Detailed Answer
The single best first step is to locate and review the recorded deed and related public records for the parcel at the county clerk or recorder where the land is located. The recorded deed contains the legal description, the chain of title (who conveyed property to whom), and any recorded liens, easements, or restrictions. In Kentucky, county clerks keep deed records and indexes for each county.
Why start with the deed and public records?
- The deed shows the legal description (metes and bounds or lot/plat references) needed to tie ownership to a map.
- A chain-of-title review tells you how ownership passed over time (sales, gifts, probate transfers).
- Recorded instruments reveal competing claims (mortgages, easements, leases) that affect rights in the property.
How to get the deed and related records
- Identify the county where the land sits. If you are unsure, use county tax maps or online parcel searches at the county assessor or property valuation administrator (PVA) website.
- Visit (or contact) the county clerk’s office. Ask for the deed index and copies of recorded deeds for the parcel or for your grandfather’s name. Many counties now offer online searchable land records.
- Obtain the recorded deed that transferred the parcel to your grandfather and any subsequent instruments (deeds, mortgages, releases, quitclaims).
- If the land passed through probate, contact the county circuit clerk or probate division for the decedent’s estate records. Probate files can show how title passed on death (will or intestacy).
What to look for in the records
- Legal description: This lets a surveyor or PVA map the exact portion at issue.
- Grantee/grantor names and dates: Build the chain of title from the present owner back to your grandfather (or earlier).
- Plat references or recorded surveys: These can show subdivided lots or parcels within a larger tract.
- Restrictions, easements, and recorded boundary agreements that limit ownership or use.
Next steps after you find records
- If the chain of title is straightforward, the recorded deed usually shows current ownership. Confirm the current owner at the county PVA/tax office.
- If the records are unclear, incomplete, or contradictory, consider hiring a licensed Kentucky title abstractor or a real estate attorney to run a formal title search and prepare a title opinion.
- If the physical boundaries are uncertain or the deed uses vague descriptions, hire a licensed surveyor to map the parcel against the legal description and adjoining parcels.
- If multiple people claim ownership or the chain shows potential defects (e.g., missing releases, ambiguous conveyances), an attorney can advise whether a quiet title action is appropriate to obtain a court-declared owner.
Relevant Kentucky statutes and resources
Key statutory areas that commonly apply include recording and conveyance rules and statutes of limitations for property claims. For statutory text see:
- Conveyances and recording rules: KRS Chapter 382 (Conveyances).
- Statutes of limitations and claims to real property: KRS Chapter 413 (Statute of Limitations), which affects adverse-possession and long-term possession claims.
- County clerk offices maintain recorded deeds and instruments; search the county clerk or PVA website for the county where the land sits. You can find county clerk information through local government portals or the Kentucky County Clerk Association: kycountyclerks.org.
Note: Specific statutory remedies (for example, quiet title procedures) may involve additional chapters of the Kentucky Revised Statutes and local court rules. A local attorney can point to the exact statutory process that applies to your situation.
Helpful Hints
- Start with the county clerk’s recorded deed index and the county property tax/PVA records. These are usually free or low-cost to access.
- Bring names, approximate dates, and any old documents you have (old deeds, tax bills, wills) to speed searches.
- If online records exist for the county, use grantor/grantee searches and parcel number searches first.
- Get the full legal description from the recorded deed before ordering a survey. Surveys rely on the precise legal description.
- Consider a professional title search if you plan to buy, sell, or litigate. Title companies and abstractors specialize in unbroken chains of title.
- If relatives are involved, gather family records and probate documents. Many ownership issues trace to how property passed at death.
- Keep clear notes of every document you find (record book, page, instrument number, recording date). This helps a lawyer or abstractor pick up where you left off.
- When in doubt about next steps—survey, quiet title, partition action, or negotiation—consult a Kentucky real estate attorney early to preserve rights and deadlines.