How to Find Who Owns Part of Your Grandfather’s Land in New Jersey — First Step Guide | New Jersey Probate | FastCounsel
NJ New Jersey

How to Find Who Owns Part of Your Grandfather’s Land in New Jersey — First Step Guide

Step-by-step guide to identifying legal ownership of part of family land in New Jersey

Detailed Answer

When you need to determine who legally owns a portion of land that once belonged to your grandfather in New Jersey, start by treating the situation like a title investigation. The first and most important step is to locate the property’s legal description and then search the public land records for the chain of title for that parcel. That single step—finding the deed and title history for the parcel—will quickly tell you who is currently recorded as owner and reveal recorded transfers, probate entries, liens, easements, and other encumbrances that affect ownership.

What “locate the deed and title history” means in practice

  1. Identify the parcel precisely: Find the address, municipal block and lot number (tax parcel ID) or the metes-and-bounds legal description. County tax assessor records, a current property tax bill, or an earlier deed often contain the block-and-lot or legal description.
  2. Search county public records: Go to the county Register of Deeds/County Clerk office where the property sits. Use the parcel identifiers (address, block/lot, or legal description) to search recorded deeds and mortgages. Many New Jersey counties offer online land-record searches; others require an in-person visit.
  3. Follow the chain of title: From the most recent deed recorded for the parcel, work backward through prior deeds to see how ownership passed (sale, deed from the estate, gift, etc.). Pay attention to: whether title passed by deed, whether the grandfather’s estate was probated, and whether other recorded documents (divorce settlements, mortgages, easements) affect ownership.
  4. Check probate (Surrogate’s Court) records: If your grandfather died owning the land, the transfer may have occurred in a probate case. Look up Surrogate’s Court files for the county where he lived or where the property is located. Surrogate’s records can show wills, letters testamentary, and deeds filed by an estate administrator or executor. (Learn about New Jersey surrogate courts: https://www.njcourts.gov/courts/surrogate.html)
  5. Confirm with tax and municipal records: County tax assessor or local tax collector records often list the name of the person or entity currently responsible for property taxes. That gives a practical confirmation of the recorded owner and can flag transfers that may not yet be reflected in other sources.
  6. Review encumbrances and public notices: While searching, review recorded liens, mortgages, judgments, foreclosure records, subdivision plats, and easements. These documents are in the public record and can affect your rights or a sale.

When the deed search does not give a clear answer

If the public records are incomplete, the chain of title is broken, or competing claims exist (for example, relatives assert that a part of the land was transferred informally or by adverse possession), the next practical steps are:

  • Hire a title company to run a formal title search and obtain title insurance and a title commitment.
  • Consult a real estate attorney to interpret records, advise whether a quiet title action is warranted, and explain remedies. In New Jersey, quiet-title and related actions are handled in the Superior Court (see Superior Court information: https://www.njcourts.gov/courts/superior.html).

Relevant New Jersey law and public sources

New Jersey’s laws governing real property recording and conveyances are in the state statutes under Title 46 (Real and Personal Property). You can consult the statutory provisions and public-record procedures at the New Jersey Legislature site: https://www.njleg.state.nj.us/statutes/title_46

For probate records and how estates transfer property after death, see the New Jersey Courts page on surrogate courts: https://www.njcourts.gov/courts/surrogate.html

For practical tax and parcel information, check the State Division of Taxation and your county/municipal tax assessor’s pages: https://www.state.nj.us/treasury/taxation/

Summary — the one immediate action to take

Begin by obtaining the property’s block-and-lot or legal description and then perform a deed/title search at the county Register of Deeds/County Clerk where the property sits. That single step will reveal the recorded owner and show the official chain of title, which answers most ownership questions or points to the next legal steps.

Important: This article explains general steps under New Jersey law. It does not provide legal advice. If you face a disputed ownership or complex records, consult a qualified New Jersey attorney to protect your rights.

Helpful Hints

  • Bring any existing deeds, the grandfather’s will, death certificate, and any surveys to the county office—these speed searches and reduce guesswork.
  • Use the county tax assessor’s website to find block and lot numbers before you visit the clerk’s office.
  • If online county records are available, start there to locate the current deed and recorded instruments quickly.
  • When reading deeds, focus on the legal description and grantor/grantee names, and note recording dates and book/page or instrument numbers.
  • Record gaps, unclear transfers, or multiple conflicting deeds are signs to hire a title company or an attorney experienced in property and probate matters.
  • Consider ordering a certified copy of any probate (Surrogate’s) documents if you discover your grandfather’s estate handled the property transfer.
  • A title insurance commitment from a title company is useful when you plan to sell or refinance; it exposes hidden defects in the recorded chain of title.
  • Keep careful notes and copies of all records you pull—ownership disputes often come down to documented recorded instruments and dates.

Reminder: This is educational information only and not legal advice. For specific legal guidance about ownership disputes or filing court actions in New Jersey, consult a licensed New Jersey 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.