Determine Legal Ownership of a Portion of Land in Nebraska — First Step
Detailed Answer — Start with the recorded deed at the county Register of Deeds
The quickest, most reliable first step to determine who legally owns a portion of land in Nebraska is to locate the recorded deed(s) and other property records at the county Register of Deeds (sometimes called Recorder) where the land is located. Recorded deeds create the formal chain of title that shows how ownership moved from one person to another. If your grandfather owned the land, the deeds, plats, and related documents will show whether part of the parcel was conveyed (sold or gifted), subdivided, or otherwise changed.
How to do this, step by step
- Identify the county where the land sits. Property records are kept at the county level in Nebraska.
- Search the county Register of Deeds. You can usually search in person, by phone, or online. Ask for recorded deeds, plats, surveys, and any easements or liens affecting the parcel.
- Find the deed that shows your grandfather’s ownership. From that deed, follow the chain of title forward and backward — look for subsequent deeds that convey part of the property or create new parcels.
- Check the county assessor’s records for parcel numbers, tax records, and current owner names. These records often show parcel splits and a basic legal description.
- Review probate records if your grandfather is deceased. Ownership may have passed through probate, distribution by will, or intestacy. Probate filings are usually with the county court where the decedent lived or where the property is located.
- Get copies and a map or survey. A recorded plat or an updated survey will show exact boundaries and any subdivided portion. If the deed uses a metes-and-bounds description, a survey helps locate the portion on the ground.
- Consider a professional title search if records are confusing or if the chain of title has gaps. Title companies and real estate attorneys perform thorough searches and can identify liens, easements, and recorded splits.
Why the deed and county records matter
Deeds and public records are the official evidence of transfers of land. Tax records and assessor maps supplement deeds by showing how the county currently treats the parcel for taxing and identification purposes. Together they let you determine whether a specific portion still belongs to your grandfather (or his estate), was conveyed to someone else, or was combined into another parcel.
Relevant Nebraska law resources
For statutes and more detail about recording, conveyances, probate, adverse possession, and actions affecting title, consult the Nebraska Revised Statutes. The state’s statutes and legislative site are available here: Nebraska Revised Statutes. County offices (Register of Deeds and County Assessor) enforce and implement many of these recording and property rules at the local level.
Common next steps after the first search: If the records show competing claims, unclear transfers, or parcel splits you don’t understand, you may need a survey, a full title report, or a quiet-title action in court to resolve ownership. An attorney experienced in Nebraska real property law or a licensed title company can advise on these options.
Disclaimer: I am not a lawyer. This information is educational only and does not constitute legal advice. For legal advice about your situation, consult a licensed Nebraska attorney.
Helpful Hints
- Bring as much information as you have to the Register of Deeds: names, approximate legal description, address, and any old deed copies or tax bills.
- Ask for a copy of the recorded deed that shows your grandfather’s name and follow subsequent deeds by grantor/grantee search.
- Use the county assessor’s online GIS or parcel map to view parcel boundaries and recent splits.
- Look for recorded plats and surveys; they clarify boundaries when the deed uses lot/parcel or plat references.
- Check county probate dockets for your grandfather’s estate to see how the property was administered after death.
- If you find an unrecorded written agreement or an oral claim, know that unrecorded documents often don’t protect against later bona fide purchasers—recording matters.
- Consider a professional title search if the deed history is long, contains gaps, or lists ambiguous descriptions.
- If someone claims ownership by use (occupancy), be aware Nebraska law addresses adverse possession and prescriptive rights; consult counsel early if you see these issues.
- Keep copies of every recorded document you obtain and make digital backups for easy sharing with attorneys or title professionals.