Disclaimer: This is general information, not legal advice. For advice about your specific situation, contact a licensed Louisiana attorney.
Detailed Answer
The best first step in Louisiana to determine who legally owns a portion of land that belonged to your grandfather is to search the recorded real estate records for the parish where the property sits. A recorded chain of title (deeds and related instruments) tells you how ownership moved from person to person and often identifies the current owner. Start with this reliable, document-based approach before drawing any conclusions.
Why start with recorded documents?
Recorded documents—deeds, wills, probate records, mortgages, and plats—are the primary evidence of who owns immovable property in Louisiana. These records are kept at the parish clerk of court (or registrar) and at local assessor and tax offices. Recording gives constructive notice to the world about transfers and many rights affecting the property.
Practical first-step checklist
- Identify the parish: Confirm the parish where the land is located. Property records are stored by parish; ownership searches happen at the appropriate parish clerk of court.
- Search deed records: Look up the grantor/grantee index and the deed books for your grandfather’s name and the property’s legal description. You want the deed that transferred the property to your grandfather and any deeds that convey interest after him.
- Check probate records: If your grandfather died owning the land, his will or the succession (probate) file will show who inherited it. Probate files are usually at the clerk of court in the parish where the decedent lived or where the property is located.
- Consult the tax assessor: The parish tax assessor’s office maintains maps, parcel numbers, and the name of the person currently on the tax rolls. The tax roll name is helpful but not definitive proof of legal title.
- Get copies and a property description: Obtain copies of deeds and the legal description or parcel (lot) number. A complete legal description (metes and bounds or lot and block) will let you trace the property precisely through recorded instruments.
How to do the search
Many parishes offer online searchable land records and assessor maps. If the parish has an online system, search by your grandfather’s name, the property address, or the parcel number. If online search is unavailable or incomplete, visit or call the parish clerk of court and request help searching the grantor/grantee indices and deed books. Ask for copies of relevant documents and for any recorded plats or surveys.
What to look for in the documents
- Deed chains showing conveyance from your grandfather to another person or entity (or from a prior owner to your grandfather).
- Probate or succession records that distribute the property after your grandfather’s death.
- Recorded mortgages, liens, or easements that affect the property’s use or transferability.
- Recorded subdivision plats, surveys, or boundary agreements that clarify where the disputed portion lies.
Common follow-up issues
If the recorded documents don’t clearly resolve ownership, you may need to consider:
- Boundary disputes or surveying errors — order a professional boundary survey to match the legal description to the physical land.
- Unrecorded transfers, forgery, or missing records — these require deeper title examination or litigation.
- Acquisitive prescription (Louisiana’s version of adverse possession) if someone has openly possessed part of the land for the statutory period. For background on acquisitive prescription in Louisiana law, see the Louisiana Legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx?search=acquisitive%20prescription.
Recording rules and constructive notice are part of state law. To read Louisiana statutes and civil code provisions that govern immovable property, recording, and prescription, use the Louisiana Legislature’s law search: https://legis.la.gov/Legis/LawSearch.aspx.
When to hire an attorney
If the records show competing claims, gaps in the chain of title, suspicious documents, or if someone claims ownership by long-term possession, consult a Louisiana real estate attorney. An attorney can perform a full title examination, advise on prescription claims, represent you in probate or quiet-title proceedings, and help obtain title insurance if needed.
Helpful Hints
- Start at the parish clerk of court for recorded deeds and probate files; these are usually the authoritative sources for title history.
- Bring any existing documents (old deeds, tax notices, wills, or surveys) when you visit offices—small clues in old papers speed searches.
- Use the assessor’s GIS maps and parcel numbers to match legal descriptions to the physical parcel.
- Keep a copy of every recorded instrument you find and build a simple timeline (who owned the land and when).
- If someone has been openly using part of the land for many years, ask about acquisitive prescription; the applicable rules are in Louisiana law (search at the Louisiana Legislature: https://legis.la.gov/Legis/LawSearch.aspx?search=prescription).
- Don’t rely solely on tax records; assessors sometimes maintain names for billing that differ from legal title ownership.
- Consider hiring a licensed title company to do a title search and provide a title report before any purchase or legal action.
- If you need historical records, the Louisiana State Archives (through the Secretary of State) can help: https://www.sos.la.gov/HistoricalResources/ResearchResources/Pages/LouisianaStateArchives.aspx.
Following these steps will give you the most reliable, document-based starting point for determining legal ownership of your grandfather’s land in Louisiana.