Detailed answer — step‑by‑step under New Mexico law

When you need to determine who legally owns a portion of land that belonged to a deceased family member, start by following a documented, logical process. Ownership in New Mexico usually rests on the recorded chain of title and any effective transfers made through probate, deeds, or other recorded instruments. Below are the steps most people take first, explained so anyone can follow them.

1) Gather family documents and the property description

Collect any deeds, wills, trust documents, property tax statements, old surveys, maps, and correspondence you can find. A legal description (metes and bounds or lot and block) is essential. If you only have informal descriptions (“the north 5 acres”), you will need the official survey or deed description to tie parcels to county records.

2) Search recorded documents at the county level

Go to the county clerk/recorder (or its website) for the county where the land lies. Search for recorded deeds, mortgages, releases, plats, easements, and liens tied to the legal description or parcel number. In New Mexico, recorded documents give public notice of ownership and interests in land, so recorded deeds are a primary source for determining legal ownership.

Use the county tax assessor’s records to confirm the parcel number and current listed owner; these records often show the recorded deed reference.

3) Check probate court records

If the land came from your grandfather’s estate, it may have transferred through probate or via a living trust. Search probate dockets and estate files in the probate division of the district court in the county where your grandfather lived or where the land is located. Probate documents will show beneficiaries, devised property, and whether the estate filed deeds transferring title.

4) Trace the chain of title

Starting with the most recent recorded deed, work backward to verify each transfer. Look for gaps, unrecorded transfers, or deeds signed only by one heir. A clean chain of recorded deeds that links a current deed back to a valid title (for example, to a sovereign grant or an earlier clear owner) establishes the strongest claim to ownership.

5) Look for recorded encumbrances and plats

Search for mortgages, liens, recorded easements, recorded plats (subdivisions), and partition actions. These documents can limit ownership rights or indicate that the parcel was legally divided or recombined in the past.

6) Consider survey and boundary evidence

If the question concerns a specific portion of the land (a boundary line or a disputed parcel), hire a licensed New Mexico surveyor to map the parcel and compare the survey to deeds and plats. A survey can resolve whether the portion in question matches deed descriptions.

7) Watch for adverse possession or prescriptive easements

New Mexico law recognizes adverse possession and prescriptive rights when someone openly, notoriously, exclusively, and continuously occupies property for the statutory period and under other required conditions. These claims depend heavily on facts and timelines. If you suspect adverse possession or a prescriptive easement, preserve evidence (photos, witness names, dates, taxes paid, improvements) and consult an attorney to evaluate statutory requirements and defenses.

8) When records don’t resolve ownership: quiet title and other court actions

If the title search reveals conflicting claims, gaps, or unclear transfers, a quiet title action (a lawsuit asking the court to declare who owns the property) is a common remedy in New Mexico. A real estate attorney can file a complaint, gather necessary proof, and represent you in court. Other possible actions include partition suits (to divide property among co‑owners) or probate actions (to correct estate transfers).

Key legal resources and where to look

• New Mexico Statutes (searchable): use the New Mexico Legislature site to locate statutes about recording, probate, and real property — https://nmlegis.gov/Legislation/Statutes
• County clerk/recorder offices: recorded deeds and plats live with the county; many counties provide online databases.
• District court probate dockets: for wills, estate administrations, and related filings.

Note: Statute names and numbers can help you research specific topics (recording acts, adverse possession, probate procedures). Use the New Mexico Legislature site linked above to look up terms such as “recording,” “adverse possession,” “quiet title,” and “probate.” If you need a specific statute citation for a legal filing, an attorney or title company can provide accurate citations and interpretation.

When to hire a professional

Hire a licensed New Mexico real estate attorney or a title company when:

• Title records show conflicting ownership or gaps.
• You discover unrecorded transfers or unclear estate handling.
• Someone claims adverse possession or there is a boundary dispute.
• You need to start a quiet title, partition, or probate action.

A title company can perform an insured title search; an attorney can evaluate legal remedies and represent you in court.

Helpful Hints

• Start local: county clerk/recorder and tax assessor records are usually free or low cost and often available online.
• Bring the most specific description you have: parcel number, full legal description, or a deed copy helps clerks find records faster.
• Ask for certified copies of key recorded documents if you need them for legal filings.
• Keep a chain‑of‑title worksheet as you locate deeds; note recording dates, book/page or instrument numbers, and parties’ names.
• Get a recent survey before spending large sums if the dispute concerns exact boundaries or acreage.
• Preserve evidence of possession (photos, receipts for taxes or improvements, witness statements) if an adverse possession issue might arise.
• If a deed seems forged, incomplete, or improperly notarized, seek legal help immediately—these issues affect marketable title.
• Even if family members orally agreed about division of land, only recorded deeds or valid probate transfers generally control legal title.