Detailed Answer — first practical step to find who owns a portion of the land (Ohio)
If you want to determine who legally owns a portion of land that belonged to your grandfather in Ohio, start with a title search at the county level. A title search shows the chain of recorded documents (deeds, transfers, liens, mortgages, easements, and probate filings) that track who has claimed ownership over time. In most cases the very first step is:
- Go to the county recorder (and county auditor/probate court) where the land is located and obtain the recorded deed history for the parcel.
Why this first step matters
– Recorded deeds create the public trail of ownership. They usually show whether your grandfather conveyed the land, whether it passed under a will, or whether it transferred by intestate succession.
– County tax records (county auditor) and parcel maps confirm the parcel identification and current owner on the tax rolls.
– Probate court records can show if the land was handled in your grandfather’s estate (e.g., distributed under a will or by intestacy).
How to perform that title-first step (practical checklist)
- Identify the parcel: get the property address, legal description, or parcel/tax ID number from the county auditor’s website or tax bill.
- Search recorded deeds: use the county recorder’s online database, if available, or visit the recorder’s office to pull the deed index and copies of recorded deeds going back enough years to see how title moved from your grandfather to the present.
- Check probate records: search the county probate court for your grandfather’s estate file. The probate file may include a will, inventory, or distribution documents that affect ownership.
- Review liens and encumbrances: recorded mortgages, judgments, tax liens, or easements will appear in the recorder’s records and can affect rights to the land.
- Confirm with tax records: county auditor records show who is on the tax rolls; that is helpful but not necessarily dispositive of legal title.
Potential outcomes from that first step
- You find a recorded deed transferring the portion to a named person or entity. That recorded deed usually identifies the legal owner unless title was later clouded by liens or a successful adverse claim.
- The probate file shows the land was distributed to heirs or devised by will, which tells you how title should have passed. If a deed was later recorded, you will see that too.
- No recorded transfer appears, suggesting the property may still be in your grandfather’s name on the deed (so title may need to pass through probate) or that an unrecorded transfer or long-term possession claim (adverse possession) may be in play.
Key Ohio statutes and resources to consult
- Recorded conveyances and how they affect notice and title are governed by Ohio conveyance law. See Ohio Revised Code, Chapter 5301 (Conveyances): https://codes.ohio.gov/ohio-revised-code/chapter/5301.
- Claims that depend on time limits (for example, limitations on actions to recover real property or certain title claims) are governed by Ohio’s statutes of limitation. See Ohio Revised Code, Chapter 2305 (Limitations): https://codes.ohio.gov/ohio-revised-code/chapter/2305.
- When property passes because someone died without a will or under intestate rules, Ohio’s descent and distribution and probate statutes control the process. See Ohio Revised Code, Chapter 2105 (Descent and Distribution) and the probate chapters for administration procedures: https://codes.ohio.gov/ohio-revised-code/chapter/2105.
What to do if the recorder/probate records don’t give a clear answer
- Get a professional title search or title abstract from a title company. Title companies search deeper and can issue a title commitment or insurance policy.
- Obtain a current survey to verify boundaries and whether the disputed portion matches recorded legal descriptions.
- If records show competing claims or an unclear chain of title, consider speaking with a real estate attorney about filing a quiet title action in the appropriate Ohio common pleas court to clear ownership.
- If someone else has possessed the land openly for a long statutory period, explore whether an adverse possession claim exists; an attorney can assess the facts under Ohio law and the relevant statute of limitations.
Time, cost, and realistic expectations
Simple recorded deed searches and tax record checks can be done quickly at low cost (often for public-record search fees). A full title search, survey, or legal action can take weeks to months and incur more significant cost. If ownership is contested or the chain of title is fragmented, expect a longer and more expensive process.
Final practical note: start with the county recorder’s online or in-person records and the county probate court. Those records will usually reveal who the recorded owner is or how title should have passed after your grandfather’s death. From there you can decide whether you need a title company, a survey, or legal help to resolve any problems.
Disclaimer
This information is educational and informational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Ohio attorney.
Helpful Hints
- Gather any paperwork you already have: deeds, will, tax bills, mortgage statements, and old surveys.
- Use the county auditor’s website first to get the parcel number and legal description.
- Search the county recorder’s index by grantor/grantee and by parcel or legal description.
- Look for recorded plats or surveys if the property is a subdivided lot; those clarify boundaries.
- Ask the recorder how far back their online records go; older records may require an in-person search or microfilm.
- Consider paying for a title company search if the record search is confusing or if you plan to buy or sell.
- If the property was part of your grandfather’s estate, check the probate docket and file for estate administration records.
- If neighbors have used the land openly and continuously, document dates and facts; that helps an attorney evaluate adverse possession claims.
- Keep copies of everything you pull from public records; they create a paper trail you can show an attorney or title company.