What happens if a survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest?

Disclaimer: I am not a lawyer. This information is educational and not legal advice. If you need legal advice, consult a licensed North Dakota attorney about your specific situation.

Detailed Answer — what this typically means under North Dakota law

If a current survey and title search show the property was conveyed out of your mother’s estate decades ago and a deed or other transfer document appears in the chain of title, the practical effect is usually that you do not own that property today. Ownership of real property typically follows the recorded title. A recorded deed that properly transferred title from your mother (or her estate) to another person generally cuts off later claims by heirs, subject to a few important exceptions described below.

Key legal concepts that control how this plays out in North Dakota:

Chain of title / recorded deeds: North Dakota relies on recording of instruments to give constructive notice to third parties. A properly recorded deed that conveys the property normally transfers legal ownership. To verify this, get certified copies of the deed(s) shown by the survey or title search from the county recorder/register of deeds.
Probate and authority to convey: If the property was part of your mother’s estate, a transfer out of the estate should have followed probate procedures or the executor/administrator should have had proper authority. North Dakota’s probate laws govern administrators’ duties and how property is distributed (see North Dakota Century Code, Probate provisions). If the executor lacked authority or acted improperly, that may create grounds to challenge the transfer, but those challenges are subject to time limits and proof requirements.
Statutes of limitation and laches: Many claims that would undo an old conveyance—such as fraud, forgery, or claims against an executor for misconduct—must be brought within specific time periods. If decades have passed since the conveyance, the ability to undo the transfer may be limited or barred by time. You should consult an attorney quickly to determine whether any deadlines still apply.
Quiet title and title insurance: A person who thinks they have a valid ownership claim despite the recorded transfer may need to file a quiet-title action asking a court to declare their right to the property. Conversely, a current record owner may obtain a court declaration that their title is good against you. Title insurance companies and attorneys commonly resolve these disputes or advise on litigation risk.
Claims against the estate or fiduciary: If an executor or administrator improperly disposed of estate property, heirs sometimes can pursue claims against the fiduciary or the estate. The exact remedies, requirements, and deadlines come from North Dakota probate law.
Adverse possession and long‑term possession by third parties: If a third party has possessed and used the land openly and continuously for the statutory period required by North Dakota law, that possessor may have acquired title by adverse possession. That doctrine can limit or defeat a late claim by an heir.

Practical steps to take now

Obtain certified copies of the deed(s) and all recorded instruments that the survey or title search shows. Contact the county recorder / register of deeds where the property is located.
Obtain the probate file for your mother’s estate (if one exists) from the county court where she was probated. Review the inventory, orders, and distribution documents to see how the property was handled.
Get a full title report or abstract from a title company. That report will show the chain of title, recorded liens, and any title exceptions.
Talk with a North Dakota real estate or probate attorney as soon as possible if you think the conveyance was improper, if the probate records are unclear, or if you want to know whether any deadlines affect your ability to challenge the transfer.
Consider whether title insurance, mediation, or a quiet-title action is needed depending on the documents you find and what a lawyer recommends.

Possible outcomes

If the conveyance was valid, properly executed, and recorded, the current record owner likely has marketable title and you will have no ownership interest.
If the conveyance was invalid (for example, forged deed, deed executed by someone without authority, or transfer occurred without proper probate authority), you may have legal grounds to challenge the transfer. Success depends on the facts and whether any applicable statutes of limitation have expired.
If the estate closed long ago and the property was transferred in good faith to a buyer, courts often favor protecting innocent purchasers, especially after long periods. That makes undoing old transfers difficult in many cases.

For references to North Dakota law, review the North Dakota Century Code provisions on probate and real property (these provide the statutory background for titles, probate administration, and actions affecting ownership):

North Dakota Century Code — Probate provisions: https://www.legis.nd.gov/cencode/t30-1
North Dakota Century Code — Real property and title matters: https://www.legis.nd.gov/cencode/t47

Helpful Hints

Start with recorded documents: a certified deed and a probate file tell the basic story more reliably than memories or informal notes.
Look for recorded probate orders, inventory, and distribution documents to see whether the property was part of the estate and how it was handled.
Time matters. If you think a mistake, fraud, or improper administration occurred, contact an attorney promptly to preserve evidence and check deadlines.
If you can’t afford an attorney, contact your county bar association or Legal Services of North Dakota for low‑cost or pro bono options.
If you are a current occupant who thought you had a claim, do not assume possession or make improvements without legal advice—those actions can affect your legal position.
Title insurance can protect buyers and lenders. If you plan to purchase or sell, get a title search and insurance commitment early.

If you want, provide the county where the property lies and any document names or dates you have (deed book and page, probate case number). With those details, a local attorney or title company can pull the precise records and give specific guidance.