Massachusetts: First Step to Determine Who Legally Owns a Portion of Family Land | Massachusetts Probate | FastCounsel
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Massachusetts: First Step to Determine Who Legally Owns a Portion of Family Land

Quick answer

The first practical step in Massachusetts is to locate and examine the recorded deed(s) and related records for the parcel at the local Registry of Deeds and the town assessor’s office. Those records show who holds legal title and give the legal description you need to confirm whether a specific portion of the land belongs to someone else.

Detailed answer: How to confirm legal ownership of part of family land in Massachusetts

Start with the documents that create and record ownership. In Massachusetts, ownership of real property is generally established by recorded conveyances and court orders. Conveyances and title matters are governed by Massachusetts law (see, for example, M.G.L. c. 184 on conveyances and M.G.L. c. 183 on estates and inheritance):

Step-by-step: practical actions to take first

  1. Identify the parcel. Find the street address, map/lot number, or assessor’s parcel ID for the land. The town or city assessor’s office will have that information and current tax records. Use local assessor contacts: Massachusetts local assessor contacts.
  2. Search the Registry of Deeds for the county where the land sits. The Registry holds recorded deeds, mortgages, easements, plats (surveys), liens, and other instruments that affect title. Ask for copies of the most recent deed and the chain of title back several decades if needed. Registries of Deeds information: Massachusetts Registries of Deeds.
  3. Check whether the land is registered in Land Court. Massachusetts has a Land Court system for registered (Torrens-style) land. Registered title appears in Land Court records and provides a certificate of title rather than a chain-of-deeds record. See the Land Court: Massachusetts Land Court.
  4. Look for probate records. If your grandfather died owning the land, title may have passed through probate. Search Probate and Family Court records for wills, estate inventories, and orders distributing real property: Probate and Family Court.
  5. Compare legal descriptions to the physical property. A deed’s legal description (metes and bounds, lot/plan references) defines what was conveyed. If you suspect only a portion of the grandfather’s original parcel is in question, you may need a licensed land surveyor to map the deed description onto the land and identify boundaries or discrepancies.
  6. Watch for encumbrances or competing claims. Recorded mortgages, liens, easements, and judgments can affect ownership rights. Also note any recorded transfers to heirs, joint owners, or third parties.
  7. If the record is unclear, consult an attorney or title examiner. A title examiner, real estate attorney, or Land Court practitioner can read deeds, trace chain of title, and advise whether a quiet-title action, probate clarification, or other court proceeding is needed.

Why this is the first step

Recorded documents are the primary evidence of legal ownership. They set out who currently holds title, how that title passed, and the exact legal description of the property. Without checking these records you cannot reliably know whether a disputed portion is part of your grandfather’s land or belongs to someone else.

Helpful Hints

  • Bring any documents you have: old deeds, the deed to the grandfather’s property, tax bills, surveys, parcel maps, and probate papers.
  • Ask the Registry of Deeds staff how to search, and request certified copies of deeds and recorded plans for a small fee.
  • Use the assessor’s map and parcel number to cross-check ownership and acreage.
  • If records reference a plan or lot number, request the recorded plan (plat) — it often shows the subdivision of parcels and dimensions.
  • If the land is registered in Land Court, the certificate of title can simplify ownership questions; Land Court records differ from Registry of Deeds records.
  • Surveys matter: if lines on the ground differ from deed descriptions, hire a licensed land surveyor before assuming ownership of a physical portion.
  • If you discover multiple heirs, or if title passed at death without clear distribution, contact the probate court for records and consider legal advice.
  • Keep timelines realistic: searches, obtaining copies, and getting a survey or attorney can take days to weeks and may incur fees.

Next steps if problems appear: If the deed record is ambiguous, missing, or shows competing claims (for example, overlapping deeds, a missing link in the chain of title, or an unprobated transfer), consult a Massachusetts real estate attorney. They can advise on whether you need a quiet-title action, probate clarification, boundary dispute proceedings, or another remedy, and can point you to the correct court (Land Court, Probate Court, or Superior Court) for your situation.

Disclaimer: This article explains general Massachusetts procedures and common first steps. It is for informational purposes only and is not legal advice. For advice about a specific situation, consult a licensed Massachusetts attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.