First Step to Determine Legal Ownership of a Portion of a Relative’s Land — North Dakota | North Dakota Probate | FastCounsel
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First Step to Determine Legal Ownership of a Portion of a Relative’s Land — North Dakota

How to Start Determining Who Legally Owns Part of a Relative’s Land in North Dakota

Disclaimer: This is educational information, not legal advice. I am not a lawyer. For advice about your situation, contact a licensed North Dakota attorney.

Detailed answer — the first step and why it matters

When you need to find out who legally owns a portion of land that belonged to your grandfather in North Dakota, the single best first step is to locate and review the recorded deed and the public land records for the parcel in the county where the property sits. The recorded documents and the county’s land records provide the initial, authoritative trail of ownership (the “chain of title”) and often point to whether the property passed by deed, by will, by intestacy (probate), or by some other means.

Why start with the county records?

  • Deeds, mortgage releases, easements, plats (surveys), and other title-related documents are recorded at the county level and create public notice of transfers and interests.
  • Probate files or court records that reflect distribution of a decedent’s property are usually indexed at the local courthouse or in the statewide court system.
  • Tax parcel information will identify the parcel number and the county assessor’s current name of record for the property.

Step-by-step first-step checklist

  1. Identify the county and the exact parcel.

    Find the county where the land is located. If you only have an address or rough location, use the county assessor’s online search or call the county assessor to get the parcel identification number (parcel ID or PIN).

  2. Search the county Recorder/Register of Deeds land records.

    Ask the county Recorder (sometimes called Register of Deeds) for recorded deeds, mortgage releases, plats, and other instruments affecting the parcel. Many North Dakota counties provide online searchable land records; others require an in-person visit or a written request.

    Key documents to retrieve: the deed showing your grandfather’s ownership, any deed transferring the specific portion in question, probate filings, and recent deeds or title documents showing current ownership.

  3. Review probate and court records if the grandfather died.

    If the grandfather died, look for a probate case (estate administration) in the county where he lived or where the property sits. Probate records will show how the property was distributed—by will, by intestacy, or perhaps by transfer before death. Use the North Dakota court system website or call the county clerk of court to find files.

  4. Assemble a basic chain of title.

    Starting from the earliest recorded document you can find (or from the most recent clear deed), trace each transfer to see how ownership passed. Look for gaps, missing deeds, or documents showing only partial transfers—these will indicate why ownership of a portion is unclear.

  5. Check for other title issues.

    Look for recorded easements, plats, or liens that might affect only a portion of the property. Physical evidence such as a survey may also help if a boundary or a subdivided portion is in dispute.

Helpful statutory resources (North Dakota)

Helpful code sections and state resources include chapters on real property and probate in the North Dakota Century Code and the state courts and county offices. For a place to start, see:

  • North Dakota Century Code, Chapter on Property: https://www.legis.nd.gov/cencode/t47
  • North Dakota Century Code, Chapter on Decedents’ Estates/Probate: https://www.legis.nd.gov/cencode/t30
  • North Dakota Courts (for accessing probate/court file information): https://www.ndcourts.gov/
  • North Dakota Association of Counties (directory of county offices, including recorders and assessors): https://www.ndaco.org/

When this first step shows problems — when to consult an attorney

If the county records show gaps in the chain of title, conflicting deeds, an unprobated death with property transferred informally, or if someone claims ownership by long use (adverse possession) or quiet title, contact a North Dakota real property attorney. An attorney can:

  • Perform a professional title search and prepare a chain of title report.
  • File or respond to probate, quiet-title, or boundary suit proceedings if needed.
  • Arrange a professional survey if boundaries or a subdivided portion are unclear.

Helpful Hints

  • Start at the county level: recorder/register of deeds and county assessor offices are essential.
  • Get the parcel ID or legal description early — it speeds searches and avoids confusion between similar addresses.
  • Bring or request copies of the deed that shows your grandfather’s ownership; that deed is the anchor for the title search.
  • Look for probate case numbers tied to your grandfather’s name in the county clerk or state court records.
  • If the county has online records, use them first; if not, call the recorder’s office for their procedures and fees to pull documents for you.
  • Keep a simple timeline as you find deeds and filings: date, document type, grantor/grantee, and instrument number. That helps identify gaps.
  • If you find conflicting documents, stop and consult a lawyer—further action (like quiet-title litigation) can be time-sensitive.
  • Surveys and plats are often decisive for a dispute about a portion of land; a licensed surveyor can mark legal boundaries referenced in recorded plats or legal descriptions.

Starting with the county’s recorded documents gives you the factual foundation to understand who holds legal title and why a portion might be claimed by someone else. If you run into missing records, conflicting deeds, or probate complexity, an attorney experienced in North Dakota real property and probate law can advise the next steps.

Note: The links above point to North Dakota government resources for statutes, courts, and county offices. Laws change; for the most current interpretation and personal advice, consult a licensed North Dakota 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.