First Step to Determine Legal Ownership of a Portion of Land in Utah | Utah Probate | FastCounsel
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First Step to Determine Legal Ownership of a Portion of Land in Utah

Detailed Answer — First Step to Find Who Owns Part of Your Grandfather’s Land in Utah

When you need to learn who legally owns a portion of land that used to belong to your grandfather in Utah, start with public records. The single best first step is to locate and review the recorded deed(s) and parcel information at the county recorder (sometimes called the county recorder/recorder of deeds) and the county assessor’s office for the county where the land sits.

Why start at the county recorder and assessor?

  • Deeds and other conveyance documents are recorded at the county recorder and create the official chain of title for real property in Utah. See Utah Code, Title 57 (Real Property): https://le.utah.gov/xcode/Title57/57.html.
  • The county assessor keeps parcel and tax records that show who is currently on the tax roll and typically provides parcel maps and the legal description used in deeds.
  • Probate or court records (if the property passed through probate) and recorded deeds together usually answer who holds legal title.

How to perform that first step — practical checklist

  1. Identify the property location or parcel number. Get the street address, lot/parcel number, or the legal description if anyone in the family has the deed, tax bill, mortgage, or survey.
  2. Contact the correct county recorder and assessor. Search the county recorder’s online records for recorded deeds, deeds of trust, plats, easements, and other instruments that affect title. If the county record system is not online, call or visit the county recorder’s office. The county assessor’s website will usually show the parcel map and current tax owner.
  3. Review the deed chain (chain of title). Look for the deed that transferred the property from your grandfather to someone else (e.g., a sale, deed to heirs, or a deed recorded after probate). Verify names, legal descriptions, and recording dates. Unrecorded transfers rarely protect a buyer against subsequent bona fide purchasers, so recorded instruments are what matter most.
  4. Check probate records if your grandfather died owning the land. If the property passed through probate (will or intestacy), look for a probate file in the district court for the county where he lived or where the land is located. Utah probate rules and procedures are in the Utah Code (see Title 75): https://le.utah.gov/xcode/Title75/75.html.
  5. Note possible complications. Look for liens, mortgages, boundary disputes, unrecorded agreements, or title claims. If anything looks unclear, the next step may be a full title search by a title company or an attorney.

When the first step leaves questions

If documents in the recorder’s office and probate files don’t clearly show ownership (for example, if transfers were never recorded, if names differ, or if boundaries are disputed), common next actions include ordering a professional title search, hiring a licensed land surveyor to identify exact boundaries, or consulting an attorney about filing a quiet-title action in Utah district court. The Utah Courts provide a layperson guide for quiet-title proceedings: https://www.utcourts.gov/howto/property/quiet/.

What public records tell you and what they don’t

  • Public records (recorded deeds, plats, easements, and liens) are the primary evidence of legal ownership.
  • Tax records show who is billed for property taxes, but tax ownership is not always the same as legal title.
  • Possession, family arrangements, or oral understandings do not substitute for recorded documents, though in some cases legal doctrines like adverse possession or equitable claims can affect ownership — these are complex and require legal advice or court action.

Short summary: Begin by locating the land parcel and then search the county recorder’s recorded deeds and the county assessor’s tax/parcel records in the county where the land is located. Those records usually answer who holds legal title or reveal what further steps you need (probate records, survey, title search, or court action).

Disclaimer: This article provides general information about Utah procedures only. It is not legal advice. For advice about a specific situation, consult a licensed Utah attorney.

Helpful Hints

  • Gather any documents you already have: deeds, will, trust documents, tax bills, survey maps, and correspondence. These save time and fees.
  • If you don’t know the county, start with the property address or where your grandfather lived; real property records are kept by the county where the land sits.
  • Use the county assessor’s online parcel map to confirm parcel boundaries and the assessor’s parcel number (APN), which speeds record searches.
  • If searching online yields confusing or missing information, call the county recorder’s office and describe what you need; staff can often point you to the right recordings or fees to order copies.
  • Consider a title company search if you plan to buy or sell the portion of land. A title company provides a professional chain-of-title report and can issue title insurance.
  • Hire a licensed land surveyor when boundaries are unclear or when you need to split or sell a portion of a parcel.
  • If ownership appears disputed or documents are missing/unrecorded, consult a Utah-licensed real property attorney about quiet-title actions or other remedies.
  • Useful official resources: Utah Code, Title 57 (Real Property): https://le.utah.gov/xcode/Title57/57.html; Utah Courts quiet-title information: https://www.utcourts.gov/howto/property/quiet/; Utah Code, Title 75 ( probate statutes): https://le.utah.gov/xcode/Title75/75.html.

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.