First Steps to Determine Legal Ownership of a Portion of Land in New York
This guide explains, in plain language, the first step and follow-up actions to identify the legal owner of a portion of land that was part of your grandfather’s property. It assumes no prior legal knowledge.
Short answer: Start with the recorded title and probate records
The most important first step is a title check: search the county land records (deeds and conveyances) where the parcel sits and check the county surrogate’s court/probate records for your grandfather. Those public records show who currently holds title and whether the property passed through a will or intestacy. If records are unclear, a licensed title searcher, title company, or real property attorney can open the chain of title and explain defects, gaps, easements, or other interests.
Why this is the correct first step under New York law
In New York, property transfers are typically documented by recorded deeds and related instruments. Public recording creates the documentary trail that evidences ownership and notice to others. Probate or Surrogate’s Court records show whether your grandfather’s interest passed by will or pursuant to intestacy rules under New York’s Estates, Powers & Trusts Law. For background on New York statutes that govern probate and property actions, see the Estates, Powers & Trusts Law and the Real Property Actions and Proceedings Law:
Step-by-step first actions (practical checklist)
- Identify the county and parcel. You must know which county the land lies in and, if possible, the address, tax map (parcel) number, or a legal description. If you don’t know, ask relatives, review old tax bills, or consult the county assessor.
- Search recorded deeds at the county clerk/registrar. Look for the deed that shows your grandfather’s ownership and then follow the chain of title forward and backward. Many New York county clerks have searchable online indices and digital copies; others require an in-person visit or a records request. Record entries list the grantor, grantee, book and page (or instrument number) and recording date.
- Check Surrogate’s Court (probate) records. Determine whether the estate opened a probate file or the property transferred by will or by intestacy. Probate matters clarify whether ownership passed to heirs or to devisees named in a will. See the EPT link above for how intestacy and wills operate in New York.
- Review assessor/tax records and maps. County tax assessor or GIS mapping can show the current assessed owner and parcel boundaries. These records also help confirm the parcel description used in deeds.
- Look for liens, mortgages, easements, or plats. Recorded mortgages, easements, covenants, or subdivision plats will appear in the public land records. Such encumbrances affect rights in the land even if someone is the recorded owner.
- Obtain copies and organize documents. Get certified or plain copies of key deeds, probate files, and tax records. Build a simple timeline: grantor/grantee events, dates, and recording references.
Common follow-up issues you may discover
- Gap in the chain of title (missing deed or unclear transfer).
- Property not probated — title may still be in your grandfather’s name even if he died.
- Partial transfers — part of the parcel may have been sold to another party.
- Adverse possession, boundary disputes, or long-standing informal use by a neighbor.
- Recorded easements or rights of way that limit use of the portion in question.
When to get professional help
If the records are confusing, incomplete, or show competing claims, consider these professionals:
- Title company or title abstractor — they can produce a formal chain-of-title report and identify encumbrances.
- Real property attorney — necessary if you need a quiet title action, must interpret probate results, or face adverse possession or boundary litigation. Quiet title and related actions are governed by New York statutes and court rules (see RPAPL).
- Licensed land surveyor — to determine exact boundaries on the ground and produce a survey to compare with recorded descriptions.
Helpful Hints
- Start local: county clerk and assessor offices are the primary public sources for deeds and parcel data.
- Bring any old deed, will, tax bill, or survey you can find — these speed the search.
- Recording numbers (book/page or instrument number) make locating records far easier.
- Be aware that tax records sometimes lag behind legal title; the taxpayer listed isn’t always the legal owner.
- Keep clear copies and a simple timeline of transfers, dates, and names you encounter during the search.
- If you find conflicting claims, stop and consult an attorney rather than relying on informal agreements.