How to begin determining who legally owns a portion of your grandfather’s land under Delaware law

Short answer: The first step is a recorded-title check: identify the parcel (address or tax parcel number) and review the deed chain at the county Recorder of Deeds where the land sits. That will tell you who is recorded as the current owner and the history of transfers. If the recorded chain doesn’t explain ownership, check probate records for your grandfather’s estate. This article explains how to do those searches and what to do next.

Detailed answer — step by step

1. Identify the parcel precisely

Before any search, collect everything you already have: the street address, any old deed or mortgage papers, the tax parcel (assessment) number, or a legal description (metes and bounds). If you lack an address, the tax assessor or county mapping office can often locate the parcel from a map or description.

2. Search the recorded deeds at the county Recorder of Deeds

Delaware has three counties. Ownership of real property is established by recorded deeds and other instruments (mortgages, releases, easements) in the county where the land is located. The recorder’s office maintains the chain of title: the series of recorded transfers from one owner to the next.

What to look for in deed records:

Grantee name(s): who received the property in each conveyance.
Grantor name(s): who conveyed the property.
Dates of conveyance and book/page or instrument numbers for document retrieval.
Any recorded wills, probate references, liens, mortgages, or easements that affect ownership rights.

Many Delaware counties offer online searchable land records. If online search is available, start there; otherwise visit the county Recorder of Deeds office in person or call for guidance.

3. Check probate (decedent’s estate) records

If the grandfather held title at death, ownership may have transferred through probate. Search the Register of Wills or probate court records in the county where he lived or where the property is located to see whether a will was probated or an administration was opened. The Delaware courts provide information about probate procedures and where to find records: Delaware Courts — Probate.

4. Review related records: tax, mortgage, and court filings

Property tax records (assessor) and county clerk court records can show unpaid taxes, mortgages, foreclosures, and recorded judgments that could affect ownership. Those records help complete the picture of who controls the property and whether there are encumbrances.

5. When the recorded chain or probate files don’t give a clear answer

Sometimes deeds or probate papers are incomplete, missing, or ambiguous. In those cases you may need:

A professional title search by a title company or an attorney who regularly handles Delaware real estate titles.
A current boundary survey if ownership depends on physical lines or an alleged division of the land.
To consider a court action (for example, to quiet title) if competing claims exist and cannot be resolved informally. Delaware courts handle property disputes; a lawyer can advise whether a declaratory or quiet-title action is appropriate.

Relevant Delaware statutes and official resources

Recording and property rules are part of the Delaware Code. For background on property law and recording statutes, see Delaware Code Title pages:

For probate procedures and how to find an estate file, see the Delaware Courts probate pages: https://courts.delaware.gov/probate/.

When to get professional help

If your deed search and probate review show a clear recorded owner, you may stop there. If ownership is unclear, competing claims exist, or you discover liens/encumbrances, hire a Delaware real estate attorney or a licensed title company. They can perform a full title search, order or interpret surveys, and, if necessary, file court papers (such as a quiet-title action) to resolve ownership.

Helpful Hints

Start with whatever documents you have—old deeds, mortgage papers, tax bills, and insurance policies often list legal descriptions or parcel numbers.
If you don’t know the county, use the street address or ask local tax assessor’s office; Delaware has only three counties, which simplifies the search.
Use online county record search tools if available; they are faster and sometimes free. If online access is limited, call or visit the Recorder of Deeds.
Read deed language carefully: “to A and B as joint tenants” differs from “to A and B as tenants in common.” Those phrases affect how property passes at death.
Check for probate records where the decedent lived and where the property is located; property can move through probate in either place depending on circumstances.
If you find conflicting recorded documents or missing links in the chain of title, a title insurance company or attorney can bridge gaps or advise on a quiet-title action.
Keep copies of everything you find and note the book/page or instrument number for each recorded document—you will need those references for professionals or the court.

Disclaimer: This article explains general steps under Delaware law for researching property ownership. It is educational only and does not constitute legal advice. For advice about your specific situation, contact a licensed Delaware attorney or a licensed title professional.