First Step to Determine Who Owns a Portion of Your Grandfather’s Land — Arkansas

Short answer: The first practical step is to perform a title search for the specific parcel — start by locating and obtaining the recorded deed (and the chain of deeds) for that portion of the land at the county office that holds land records, and check the county tax/assessor records and any probate files for your grandfather. That search will tell you who is recorded as the legal owner and reveal liens, transfers, and potential title defects that may affect ownership.

Why a title search is the starting point

Ownership of real property in Arkansas is determined primarily by what is recorded in the public land records and by court orders or probate records. A title search gathers the documentary trail (the “chain of title”) that shows how ownership passed from one person to another. Without those recorded documents you won’t know whether the land passed by deed, by will, by intestacy (probate), or by some other method such as adverse possession.

Where to look first (Arkansas-specific practical steps)

1. Identify the right county and parcel. Ownership and records are kept in the county where the land sits. If you don’t know the parcel number or legal description, start with any deed, tax bill, or old survey you or family members can find.
2. Search recorded deeds at the county recorder/Circuit Clerk. In Arkansas, deeds and other land instruments are recorded at the county level (typically the Circuit Clerk’s office). Ask for copies of the deed that contains the legal description for the portion in question and then request prior deeds to trace the chain of title back in time.
3. Check county assessor and tax records. The assessor’s office will show who is on the tax roll for the parcel, the parcel (PIN) number, and often a simple map. Tax records can also reveal if taxes are delinquent or if the county thinks someone else owns the parcel.
4. Search probate records for your grandfather. If ownership might have passed through your grandfather’s estate, the county probate or circuit court records will show wills, orders distributing property, or intestacy proceedings. Probate records can be crucial when title wasn’t transferred by recorded deed.
5. Look for plats, surveys, and boundary information. A recorded plat or a recent survey can clarify the exact portion you’re asking about and avoid confusion with adjoining parcels.
6. Note liens or encumbrances. Mortgages, judgments, easements, and liens appear in the record chain and affect rights in the land.
7. If the chain is unclear, consider a title report from a title company or a real-estate attorney. Title companies can provide a professional title search and title insurance. An attorney can interpret complicated chains, deal with missing deeds, or advise about filing an action (for example, a quiet-title action) if ownership is disputed.

Common complications and what they mean

• Unrecorded transfers: If property was conveyed but not recorded, the recorded chain won’t show it; unrecorded transfers can create disputes.
• Probate gap: If your grandfather died and property was never properly probated or transferred, title may still be in his name on record even though heirs claim ownership.
• Boundary disputes: Neighboring owners or old surveys may conflict; a new survey or a court action may be required.
• Adverse possession claims: Someone might claim ownership by long-term occupation; such claims have specific legal requirements and time periods under Arkansas law and often require a court ruling to resolve.

Where to access Arkansas records and laws

• Arkansas Legislature — main site for state statutes and researching property law: https://www.arkleg.state.ar.us/
• Arkansas courts information (for locating county circuit clerks and court records): https://courts.arkansas.gov/
• Your county’s Circuit Clerk (records office) and County Assessor web pages — search the county government site for online deed and tax record access.

When to get professional help

If the title search shows clear recorded ownership in someone else’s name, or if you find missing records, overlapping deeds, probate gaps, liens, or claims by third parties, consult a licensed Arkansas attorney experienced in real property or a title company. They can recommend filing a quiet-title lawsuit, handling adverse possession claims, preparing corrective deeds, or resolving probate-related issues.

Example (hypothetical)

Suppose the property tax record for Parcel XYZ lists Alice Smith as owner, but family memory says the land belonged to your grandfather. You would: (1) request the recorded deed for Parcel XYZ from the county Circuit Clerk, (2) obtain prior deeds to see when and how title passed to Alice Smith, (3) check your grandfather’s probate file for a conveyance or distribution, and (4) if a gap or suspicious transaction appears, talk to an attorney about next steps such as a quiet-title action or contesting an improper transfer.

Helpful Hints

• Bring any family documents (old deeds, tax bills, surveys, maps, or wills) to the county records office. Even a page with a legal description or parcel number helps locate records faster.
• Use the county assessor’s parcel number (PIN) or legal description to avoid confusing neighboring tracts with similar addresses.
• Many counties offer online access to deed and tax records; search your county government site before visiting in person.
• Make copies of every recorded instrument you find. Dates, grantor/grantee names, and legal descriptions are key to building the chain of title.
• Be careful interpreting old deeds — older documents may use obsolete place names or different surveying methods. A modern surveyor can translate an old legal description to current boundaries.
• If you plan to buy or sell, consider title insurance. It protects against many defects that a plain record search might miss.
• Keep timelines: probate deadlines and statutes of limitation (e.g., for adverse possession) can affect your rights. If you see potential claims, consult an attorney promptly.

Disclaimer: This article is for educational purposes only and is not legal advice. Nothing here creates an attorney-client relationship. For advice about a specific property or legal problem in Arkansas, consult a licensed Arkansas attorney.