Determine Who Legally Owns a Portion of Your Relative’s Land in Idaho: First Step and Practical Guide
Short answer: The first step is to identify the parcel and run a public records search at the county recorder (deed) and county assessor (tax/parcel) offices where the land is located. That search will show recorded deeds, the chain of title, and related documents that point to current legal ownership under Idaho law.
Detailed Answer — How to start and what to expect
If you want to confirm who legally owns a portion of land that once belonged to your grandfather in Idaho, begin by locating the parcel and reviewing recorded documents. The goal is to trace the chain of title from your grandfather to the present owner(s) and to identify any liens, easements, splits, transfers, or probate records that affect ownership.
Step 1: Identify the parcel
- Find any existing information: legal description on old deeds, tax statements, mortgage paperwork, or a survey. Even an old street address helps.
- If you have none of those, ask family members for clues or old mail or records that might show the parcel number, address, or legal description.
Step 2: Search county public records
Go to the county recorder (sometimes called county clerk/recorder) website or office where the land sits. In Idaho, deeds, conveyances, plats, and other real property instruments are publicly recorded. The county assessor/treasurer can also provide the parcel number, current owner name on the tax roll, and tax history.
What to look for:
- Deeds transferring title from your grandfather to others (warranty deeds, quitclaim deeds).
- Probate filings that distribute your grandfather’s estate (if the property passed by probate rather than by transfer during lifetime).
- Plats or surveys showing lot lines, splits, or recorded easements.
- Mortgages, releases, liens, tax records, and any recorded affidavits.
Why recorded deeds matter under Idaho law
Recording a deed in the county gives public notice of the transfer. Idaho public-records and property rules make the recorder’s books a primary source to establish who holds legal title. For more on Idaho statutes governing real property and recording, see Idaho Code Title 55 (Real and Personal Property): https://legislature.idaho.gov/statutesrules/idstat/Title55/.
Step 3: Check probate and estate records
If your grandfather died owning the land in his name and did not convey it before he died, the property may have passed through probate. Search the district court probate files in the county where he lived. Idaho probate rules and estates are covered in Idaho law; see: https://legislature.idaho.gov/statutesrules/idstat/Title15/.
Step 4: When the records are unclear or ownership is disputed
- If the deed record shows a clear chain to a current owner, that typically establishes legal ownership.
- If you find conflicting deeds, missing links in the chain of title, or the parcel appears to have been divided, consider ordering a title search or contacting a licensed title company. Title companies compile and interpret recorder data and can issue a commitment for title insurance.
- If title remains disputed (unknown heirs, boundary disputes, adverse possession claims, or uncleared title), you may need to consult a real estate attorney and, if necessary, bring a quiet title action in Idaho court to resolve who holds legal title.
Practical documents and information to collect before you start
- Any deed, mortgage, tax bill, survey, or plat referencing the property.
- Approximate location (address, nearest cross-streets, or township/range info).
- Names of family members who may have received or transferred the property.
- Dates of death and probate case numbers (if known).
Where to go for records
- County Recorder (deed records) — look for online searchable indexes or visit the recorder’s office in person.
- County Assessor — tax roll and parcel maps.
- County District Court/probate clerk — probate case files if the property went through probate.
- Title companies and surveyors for professional reports and maps.
For statutory background on property and probate matters in Idaho, see the Idaho Legislature’s statutes pages: Title 55 (Real and Personal Property) and Title 15 (Probate and Decedents’ Estates):
- Idaho Code — Title 55 (Real and Personal Property)
- Idaho Code — Title 15 (Probate and Decedents’ Estates)
Helpful Hints
- Start with the county where the land physically sits. That county’s recorder and assessor control the primary records.
- Use online GIS/parcel maps if the county provides them—these often include recent owner names and parcel boundaries.
- Record searches can reach back many decades. Older deeds may use metes and bounds descriptions; a surveyor can convert those into modern parcel boundaries.
- If you find a chain break (an unrecorded transfer, missing heir conveyance, or an unclear probate distribution), a title commitment or lawyer-assisted research will help fill gaps.
- If multiple people claim ownership, don’t confront them about changing locks or removing property. Take notes and copies of records and consult an attorney to avoid escalation.
- Consider a title insurance commitment if you plan to buy, sell, or refinance—title insurance companies invest in deep searches and can provide coverage for hidden defects.
- Keep copies of everything you find. Photocopies, screenshots of online records, and notes on where you searched will speed follow-up actions.
When to get a lawyer
If records clearly show the owner, you may not need a lawyer to confirm ownership. If the ownership chain is broken, a probate matter exists, heirs are unknown, boundary lines are contested, or someone else asserts ownership, talk to an Idaho real estate or probate attorney. They can advise whether a quiet title action, boundary dispute suit, or probate reopening is appropriate.
Disclaimer: This article provides general information about Idaho property and public-records procedures. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current law. For advice specific to your situation, consult a licensed attorney in Idaho.