How to start determining who legally owns a portion of land in Texas
This FAQ-style guide explains the single best first step to figure out legal ownership of part of your grandfather’s land in Texas, what that first step looks like in practice, and the next things to check. This is general information only and not legal advice.
Detailed answer — the single best first step
The single best first step is to locate and review the recorded deed and the legal description for the property where the disputed portion is located. In Texas, the official public record of real estate transfers is kept at the county level (the county clerk’s office or the county recorder). A recorded deed contains the legal description, grantor/grantee names, and the chain of title references you need to trace ownership.
Why start with the recorded deed?
- Recorded deeds create the official public trail (chain of title) showing who conveyed property and when.
- The deed’s legal description tells you exactly which portion of land the transfer covered (lot/section, survey name, metes and bounds, or acreage and survey number).
- Recorded records will also show mortgages, liens, easements, or other encumbrances that affect ownership rights.
How to do this step — practical actions
- Identify the county where the land sits. County records are held where the property is located, not necessarily where you or your grandfather live.
- Go to the county clerk’s office (in person or online). Many Texas counties provide searchable deed indices and scanned images online. If online access exists, search by the grandfather’s name, prior owner names, or the property’s legal description if you have it.
- Obtain copies of all deeds that mention the parcel. Save or print the full deed pages showing grantor, grantee, date, and legal description.
- Follow the chain of title backward and forward using recorded instruments cited on each deed (e.g., “see deed recorded in Vol. X, Page Y” or instrument numbers). This reveals prior and subsequent transfers and current recorded owner(s).
What to look for in the deed and records
- The legal description (metes and bounds, lot and block, or survey name and abstract number).
- The exact names of grantor(s) and grantee(s) and the dates of transfer.
- Recorded easements, restrictions, liens, or mortgages that could affect use or title.
- Any recorded partition, boundary agreement, or court order that changes who owns which part of the parcel.
Next steps after you find the recorded deed
After you gather the deeds and the chain of title, you will typically:
- Compare the deed legal descriptions to determine whether the “portion” you are investigating was actually conveyed separately.
- Check county appraisal/tax records for current owner name(s) and parcel numbers.
- Search probate records if the transfer followed your grandfather’s death—probate filings can show how property was distributed.
- Consider a professional title search or a title commitment from a title company if the chain of title looks complicated or if there are possible clouds on title.
- If boundaries are uncertain, hire a licensed Texas land surveyor to produce a survey based on the deed’s legal description.
Legal context to keep in mind
Texas law treats recorded instruments as the primary public record of ownership and interests in real property. Certain statutory regimes (for example, the Marketable Record Title Act) can affect long-dormant claims and easements, so older unasserted interests may be extinguished under specific conditions. For more on the Marketable Record Title Act, see the Texas Civil Practice & Remedies Code, Chapter 16: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
Because property and recording rules are handled locally, the county clerk’s office where the land is located is the first and best place to get authoritative documents. For general access to Texas statutes, use: https://statutes.capitol.texas.gov/
When to consult an attorney
If the recorded documents are unclear, if names conflict, if there is evidence of an unrecorded agreement, if someone claims ownership by adverse possession, or if you face a dispute with other family members or third parties, contact a Texas-licensed real estate attorney. An attorney can: (1) analyze the chain of title; (2) advise about probate, partition, or quiet-title options; (3) interpret possible impacts of state statutes; and (4) coordinate a title company or surveyor.
Important disclaimer: This information is educational only and does not constitute legal advice. Consult a licensed Texas attorney to address your specific situation.
Helpful Hints
- Bring any existing documents you have: old deeds, wills, the grandfather’s will or probate file numbers, maps, tax statements, or property tax account numbers.
- Use the exact legal description when searching records. Street addresses are not always reliable for land description in rural or survey areas.
- Search county appraisal district (CAD) records for owner names, parcel maps, and tax parcel IDs — these often link to deed documents.
- If the county offers online records, note instrument numbers and book/page citations for later retrieval or ordering certified copies.
- Record searches sometimes miss older unrecorded documents. Ask the county clerk staff for help with older indexes, grantor/grantee microfilm, or archival records.
- A licensed title company or abstractor can prepare a professional chain-of-title report for a fee. That saves time when the history is long or messy.
- Consider a boundary survey early if ownership turns on precise boundaries. A surveyor will use the legal description and physical markers to show exact limits on the ground.
- Be aware of adverse possession rules and statutory deadlines. If someone has occupied and used part of the land openly and continuously for statutory periods, they may claim title under Texas law — discuss this with an attorney.
- If the land was part of your grandfather’s probate estate, request the probate file from the county probate court where he was domiciled. Probate records can show how property was distributed or whether title passed outside probate.
- Keep careful records: note dates you searched, whom you spoke with at the clerk’s office, and document any instrument numbers or URLs for future reference.
Useful starting links:
- Texas statutes and code search: https://statutes.capitol.texas.gov/
- Texas Civil Practice & Remedies Code — Marketable Record Title Act (Chapter 16): https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
- County clerk contact information — check your county government website (search “[County Name] county clerk” with the county where the land lies).
Again, this is not legal advice. For binding legal guidance about ownership, deeds, probate, or filing a lawsuit to determine title, speak with a licensed Texas attorney who handles real property matters.