How to begin confirming legal ownership of a portion of family land in Colorado

Short answer: Start by locating and reviewing the recorded deed(s) and the chain of title at the county clerk and recorder where the land sits. That search will show who holds title on record, reveal transfers, and point to related records (wills, probate, easements) you may need to check next.

Detailed Answer

When you need to determine who legally owns a portion of land that belonged to a relative, the primary goal is to trace the recorded title. In Colorado, ownership of real estate is established and protected largely through recorded instruments (deeds, mortgages, affidavits, plats) and by probate records when property passes after death. Follow these steps as your first, practical move:

1. Identify the parcel and county. You need the parcel’s legal description or at least the street address and the county where the land is located. The county determines which recorder and assessor offices hold the records.
2. Search recorded deeds at the county clerk & recorder. Visit the county clerk and recorder’s office (often called Clerk and Recorder or Recorder of Deeds) or use its online record search. Look for the deed showing your grandfather’s ownership and then follow every subsequent deed (the “chain of title”) to the present. Recorded deeds are the baseline evidence of ownership.
3. Check assessor and tax records. The county assessor’s records show who is listed for property tax purposes and may include parcel maps, ownership names, and assessed values. While tax records are not definitive proof of title, they quickly identify current recorded owners and parcel boundaries.
4. Look for probate or estate filings. If your grandfather died owning the property, the property may have passed by will or through probate. Check the probate records in the county where he lived or where the property is located to see whether a personal representative transferred title. Colorado probate matters are governed by state probate statutes; search county court probate dockets or the state court records portal.
5. Review related recorded documents. Check for mortgages, judgments, liens, easements, plats, short-form affidavits (affidavit of heirship is of limited effect in Colorado), and any declarations of trust. These documents can affect who has rights or interests in the land.
6. Consider a title search or title commitment. A title company can run a professional search and issue a title commitment showing exceptions, liens, and defects. This step is highly recommended if you plan to buy, sell, or litigate over the parcel.
7. Obtain a current survey if boundaries are in dispute. If the issue is a disagreement about a portion of land (a boundary or strip), a licensed Colorado surveyor can produce a legal survey showing the exact boundaries and any encroachments.
8. When in doubt, consult counsel or a title professional. If chain-of-title problems, missing deeds, intestacy (no will), or adverse possession claims appear, consult a Colorado real property attorney or title company to interpret the records and recommend next steps.

Legal context: Colorado law relies on recorded instruments to provide notice to the public and protect purchasers and lenders. For more on the Colorado Revised Statutes that govern property and probate, see the Colorado Revised Statutes, Title 38 (Property) and Title 15 (Probate and Trusts): https://leg.colorado.gov/colorado-revised-statutes. County recording practices and online availability vary by county; contact the county clerk and recorder where the land is located for exact procedures.

Common first-step scenarios (hypothetical examples)

Example A — Simple recorded chain: If you find a deed recorded transferring Parcel A from your grandfather to his child, the recorder’s chain of title likely shows the current owner unless later conveyances occurred.

Example B — Property passed by will: If the deed shows your grandfather as owner but a probate record shows a court-approved distribution naming an heir who later recorded a deed, the probate file and the recorded deed together establish the successor owner.

Example C — Missing deed or unclear transfer: If there’s no recorded deed transferring the disputed portion (for example, the land was informally divided among family members years ago without recording), you will likely need a title search, a survey, and possibly legal action to quiet title or confirm ownership.

Helpful Hints

• Start with the county clerk & recorder where the land is located — many offices have searchable online databases.
• Collect as much identifying information as you can: parcel number, legal description, address, and any past deed recording numbers.
• Use the assessor’s website to pull tax maps and parcel boundaries; those websites often list the current recorded owner.
• Ask the clerk for copies of recorded documents and for guidance on searching older, unindexed records if online searches are incomplete.
• If transfers occurred after the owner’s death, check probate case files in the county court where the decedent lived.
• Consider paying for a title company search or a title commitment if you need certified results for sale or financing.
• Get a licensed surveyor if the dispute involves lines or acreage — a survey provides objective, legal boundary data.
• If you encounter conflicting records, lien claims, or missing deeds, reach out to a Colorado real property attorney before taking action.

Disclaimer: This article explains general steps and Colorado law references for educational purposes only. It does not constitute legal advice. For guidance specific to your situation, contact a licensed Colorado attorney or a title professional.