Maryland: First Steps to Verify Legal Ownership of a Portion of a Family Property

Short answer: Start with a county title search: find the parcel using the Maryland land records and county tax ID, then pull the recorded deed(s) and the chain of title. From there, check probate records (if your grandfather is deceased), recorded liens, plats/surveys, and any recorded easements. If anything is unclear or records conflict, hire a real property attorney or a title company to complete a formal title search.

Why the title search is the first step

Ownership of real property in Maryland is primarily proved by recorded documents (deeds, mortgages, releases, court orders). County land records show the history of conveyances and recorded interests. A clear chain of title from an originating owner to the current owner(s) will usually identify who legally owns the portion you care about.

Step-by-step approach (practical checklist)

1. Identify the parcel: Get as much information as possible — street address, lot/parcel number, tax account ID, or a physical description. If you don’t have that, use the county property tax search.
2. Search Maryland land records online: Use the statewide Maryland Land Records portal to locate recorded deeds, plats, mortgages, releases, and other instruments for the parcel. The statewide portal is: https://mdlandrec.net/.
3. Review the most recent deed: The current recorded deed (or deeds) will usually show the legal owner(s), the type of ownership (joint tenants, tenants in common, etc.), and the chain of transfers. Read prior deeds back several transactions to confirm how title passed.
4. Check county tax/assessment records: Confirm the owner name and parcel ID with the Maryland Department of Assessments & Taxation site: https://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx. Tax records sometimes lag behind recorded deeds but are a quick cross-check.
5. Look for probate or estate records: If your grandfather died owning the property, ownership may have passed through probate. Check the Register of Wills / circuit court probate records in the county where he lived or owned property. Maryland Judiciary resources are at https://www.mdcourts.gov/.
6. Inspect plats, surveys, and mortgages: A recorded plat or survey can show exact boundaries and can help determine whether the disputed portion is within the grandfather’s parcel. Mortgages, liens, and releases may affect title.
7. Watch for unrecorded interests or adverse claims: If someone has occupied or used a part of the parcel for a long time, they might assert an unrecorded interest (e.g., adverse possession or prescriptive easement). These issues are fact-specific and often require legal help to resolve.
8. When records are unclear: If chain of title has gaps, documents are ambiguous, or you find conflicting records, hire a Maryland real property attorney or a title company to complete a formal title search and issue a title opinion or title insurance commitment.

Key Maryland resources and where to look

• Maryland Land Records (recorded deeds, plats, mortgages): https://mdlandrec.net/
• Maryland Department of Assessments & Taxation (property tax and account lookups): https://sdat.dat.maryland.gov/RealProperty/Pages/default.aspx
• Maryland Courts (Register of Wills / Probate and local court contacts): https://www.mdcourts.gov/
• Maryland Code (Real Property and Estates & Trusts — for statutory rules): Real Property statutes and Estates & Trusts statutes.

Example (hypothetical) to illustrate the process

Suppose you know only the street address and that the land was part of your grandfather’s holdings. You would:

1. Search the county tax site to get the parcel ID and current owner name.
2. Use the Maryland Land Records portal to retrieve the last several deeds to see how title passed from your grandfather to the current owner.
3. If you find your grandfather’s will or an estate file, check probate records in the county circuit court to see whether the property passed through the estate or was conveyed before death.
4. If the records show someone else has a recorded deed to the portion in question, that person is likely the legal owner; if records show no transfer but someone has occupied the land, consult an attorney about potential adverse possession or boundary issues.

When you should get professional help

• If chain of title has gaps or older deeds are ambiguous.
• If you suspect someone claims ownership through long possession, adverse possession, or a prescriptive easement.
• If the parcel lines are in dispute and a survey or quiet-title action may be necessary.
• If probate records suggest the property passed under an estate plan or through intestacy and you need to enforce heirs’ rights.

Practical next steps you can take today: locate the parcel on the county tax site; run a quick deed search at mdlandrec.net; print the most recent deed; and note the names, dates, and legal description. If the documents are confusing, reach out to a Maryland real property attorney or a licensed title company to request a formal title search and explanation.

Note on statutes: Maryland has specific rules about recording deeds, priority of recorded instruments, and probate succession. For statutory text and to research specific rules about conveyances and estates, see the Maryland Code (Real Property and Estates & Trusts) at the Maryland General Assembly site: Real Property and Estates & Trusts. If you plan to rely on legal rights or bring a case, consult an attorney to interpret these statutes for your facts.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Maryland attorney.

Helpful Hints

• Start with the county tax ID — it’s the fastest way to find the right parcel.
• Always save copies (PDFs) of the deed pages showing the legal description and signatures.
• Pay attention to how title is held (e.g., joint tenants vs. tenants in common) — that affects who owns what share.
• If surveys or plats exist, compare them to the legal description to resolve boundary questions.
• Older deeds sometimes use out-of-date neighborhood names or metes-and-bounds descriptions — a surveyor can tie those descriptions to modern landmarks.
• Recording gives public notice. If an instrument affecting title isn’t recorded, it may not protect later purchasers.
• For quick clarity, a title company can issue a title report or title insurance commitment showing current recorded interests and exceptions.