Detailed answer — First practical step to determine legal ownership under West Virginia law
Short answer: begin with a recorded deed search and the county probate records where your grandfather lived or where the land is located. Those records usually show the current legal owner and the chain of title that explains how ownership passed.
Why start there? Recorded deeds and probate files are the official public records that record transfers of real property, wills, and estate administration. A deed search will show the last recorded transfer of the parcel. Probate records will show whether the property passed through your grandfather’s will or estate, or whether it passed to heirs by intestacy.
Concrete first-step checklist
- Identify the county where the land sits. County offices maintain deeds, probate files, tax records, and plats.
- Check the county deed/records office (County Clerk or Recorder). Ask for or search online for the parcel’s recorded deeds and any related instruments (deeds, mortgages, easements, releases). Look for the most recent deed that describes the parcel.
- Check probate records in the county where your grandfather’s estate was administered. If the land passed via a will or through estate administration, the probate file will show who received the property. West Virginia’s probate and estate rules are in the West Virginia Code (see Title 44 for decedents’ estates): https://code.wvlegislature.gov/44/
- Check property tax and parcel records at the county assessor/treasurer. Those records identify the party currently listed for tax purposes and provide parcel maps and legal descriptions.
- Collect family documents — deeds, the will, death certificate, any estate paperwork, and any surveys or boundary stakes. These documents speed up a search and help detect unrecorded claims.
What you will learn from those searches
- If a deed exists transferring the portion to someone else, the deed will identify the grantee and the date of transfer.
- If the property stayed in your grandfather’s name when he died, probate files will show how the estate distributed it (by will or by statutes of intestacy).
- Tax records and plat maps show the parcel boundaries used by the county and who the county treats as the owner for tax purposes.
When a deed search isn’t enough
Sometimes deeds and probate records do not clearly resolve ownership. Common complications include ambiguous legal descriptions, long-ago transfers, overlapping surveys, an unrecorded division of land, or someone claiming ownership by long use (adverse possession or prescriptive easement). West Virginia law addresses limitations and possession claims in its statutes (see Title 55 for limitations of actions): https://code.wvlegislature.gov/55/
Next steps if the records don’t resolve the question
- Order a professional title search from a title company or a real estate attorney. A title search assembles the chain of title, finds liens, and identifies gaps that need legal work.
- Get a boundary survey from a licensed surveyor if boundaries are in dispute or unclear. A survey shows the exact location of lines and monuments and can reveal whether the parcel described in a deed matches the ground.
- Consider legal action if someone claims ownership. If a recorded chain is unclear or someone else claims the land, an owner or claimant may have to file a quiet title action in court to have a judge declare the true owner. A West Virginia attorney can advise about filing a quiet title action and other remedies.
Practical timeline and costs
Simple searches at the county office or online may take minutes to a few hours and cost little or nothing (some counties charge document search or copy fees). A professional title report runs from a few hundred dollars upward. A survey depends on parcel size and complexity and typically costs several hundred to a few thousand dollars. Litigation (quiet title, boundary suits) costs more and can take many months.
Where to look online and who to contact locally
- West Virginia Code (statutes): https://code.wvlegislature.gov/ (use this site to read probate and limitations statutes referenced above).
- County deed/records or assessor websites — search by county name + “West Virginia Recorder” or “County Assessor” to find online land records and parcel maps.
- Contact the county Clerk/Recorder/Registrar of Deeds for copies of recorded deeds and the County Commission or Assessor for parcel and tax records.
Bottom line: The very first practical step is to locate and review the recorded deed(s) and the probate file for your grandfather in the county where the land sits. Those records will most often answer who legally owns the portion of land or tell you what next investigative or legal step to take.
Disclaimer: This information is educational and general. It is not legal advice. For advice about your specific situation, consult a licensed West Virginia attorney experienced in real property and probate law.
Helpful Hints
- Start local: county deed and probate offices are the authoritative public records for property transfers.
- Write down parcel ID, legal description, and any document book/page numbers you find — those speed further searches.
- Ask family members for any deeds, wills, or estate papers before visiting the courthouse.
- Search the county assessor’s website for parcel maps and tax history to confirm the current listed owner.
- If records are old or messy, hire a title company or real estate attorney to pull a professional chain-of-title report.
- If boundaries are disputed, hire a licensed surveyor before taking legal steps.
- If you encounter competing claims, consult a West Virginia real property attorney promptly about a quiet title action or other remedies.