Detailed Answer
Start by running a title search at the county office that records property in the Alabama county where the land sits. In Alabama most deeds and conveyances are recorded at the county level (often in the office of the judge of probate or the county recorder), and the public record will show the chain of ownership, past conveyances, liens, easements, and other recorded interests. A thorough search of recorded instruments is the single best first step to determine who legally owns a specific portion of land.
Why the county records first?
Recorded deeds and related documents create the chain of title. By reviewing each recorded deed affecting the parcel, you can trace how title passed from one person to another, spot gaps, see if a will or probate transferred ownership, and detect encumbrances (mortgages, easements, judgments) that affect who has rights to the land.
How to do the initial search (step-by-step)
- Identify the county where the property lies. The county is essential because records are kept at the county level.
- Visit (or contact) the county office that keeps real estate records. In Alabama that is typically the county probate office or the county’s land records/recorder office. Many counties now offer online searchable deed indexes.
- Start with the most recent deed for your grandfather’s parcel. Use the property description or parcel ID (from tax records) to find the exact parcel. If you don’t know the legal description, check county tax assessor records for the parcel’s ID and basic description.
- Pull prior deeds working backward (this is the chain of title). For each deed, note grantor/grantee names, dates, and the legal description. Look for transfers by will, probate, intestate succession, or sale.
- Look for related recordings: marriage-related conveyances, probate filings, federal or state tax liens, mortgages, easements, or boundary agreements.
- Photocopy or download each relevant recorded document. Keep track of book/page or instrument number for future reference.
Other records to check while you’re there
- County tax assessor’s records (to identify parcel numbers and current tax owner).
- Probate court records (for wills or estate files showing title transfer after your grandfather’s death).
- Plat maps and surveys on file with the county or planning office (to understand boundaries and any recorded subdivisions).
What you’ll learn from that first step
A title search will tell you who is listed as owner in the public record, how the property passed through past owners, and whether anyone else has recorded an interest. If title looks broken, incomplete, or unclear (for example, a missing deed, conflicting descriptions, or an estate that wasn’t properly probated), you’ll know you need deeper work.
Next steps after your initial search
- Order or commission a current land survey if boundaries are disputed or unclear.
- Hire a title company or licensed abstractor to do a professional title report. They check for hidden defects and produce a clear chain of title for purchase or litigation purposes.
- If records show unresolved or conflicting ownership (or missing transfers after a death), consult a local Alabama real estate attorney about a quiet-title action or other remedies.
- Consider title insurance if you plan to buy or sell the portion of land; it protects against hidden defects discovered after the transaction.
Relevant Alabama resources
- Alabama Legislature (official site for the Code of Alabama): https://www.legislature.state.al.us/ — use this site to look up Alabama statutes that govern recording, probate, and real property procedures.
- Alabama Judicial System (information about county courts, including probate courts): https://judicial.alabama.gov/
Helpful Hints
- Bring identifying information when you visit county offices: approximate address, parcel ID (if known), and your grandfather’s full name and date of death (if relevant).
- If you find a will or probate file, get certified copies of any orders or letters of administration; those documents often show how real property passed after death.
- Online county record systems vary. If you can’t find records online, call the county office for guidance on titles and how to request copies.
- Be careful with informal family claims. A family story about who “always used” a part of the land is not the same as recorded legal ownership.
- Boundary disputes often require a licensed land surveyor. Don’t rely on physical markers (fences, trees) alone.
- If you see unfamiliar recorded interests (liens, easements, or judgments), note the instrument number and get copies—these can affect ownership rights.
- When in doubt, hire professionals: a title company for an abstract or an Alabama real estate attorney for legal questions and to pursue quiet-title or correction actions.
Disclaimer: This information explains general steps under Alabama practice and is for educational purposes only. It is not legal advice. For advice about a specific property dispute or to start a court action, consult a licensed Alabama attorney.