How to Start Confirming Legal Ownership of a Relative’s Land in Tennessee
Short answer: The first step is a public-records search — start with the county Register of Deeds (for recorded deeds and liens) and the county probate court or clerk (for wills and estate files). Those records usually show how title passed after your grandfather owned the property and will point to the next steps.
Detailed Answer — Step-by-step under Tennessee law
When someone who owned real estate dies, ownership can pass in several ways: by a recorded deed, by a will proved in probate, or by intestacy (state succession rules) if there is no will. To determine who legally owns a portion of the land, follow these core steps.
- Gather what you already have. Collect any title documents, old deeds, the decedent’s will, tax bills, mortgage statements, survey sketches, and any correspondence about the land. Even a handwritten note or old deed reference can speed a records search.
- Search the county Register of Deeds for recorded instruments. Deeds, deed transfers, mortgages, releases, and easements are recorded at the Register of Deeds in the county where the property sits. A recorded chain of title shows the sequence of owners. Ask the register’s office for copies of deeds that reference the parcel, or use their online public search if available.
- Check probate records. If your grandfather died owning the property, the estate may have gone through probate. Probate records (wills, letters testamentary, estate inventories, and orders) are at the county probate court or the court clerk’s office. Those records show whether the property was distributed by will or by intestate succession. Tennessee provides general probate guidance through the court system (see Tennessee Courts’ probate self-help materials: https://www.tncourts.gov/programs/self-help/probate).
- Confirm the legal description and parcel identification. Recorded deeds include a legal description (metes and bounds or lot-block-plat references) and a tax parcel ID. Use the legal description to match county tax and GIS maps. That ensures you’re checking records for the exact portion of land at issue.
- Check the county tax assessor and GIS maps. The assessor’s records and online GIS maps identify the current person(s) of record for property tax purposes and show parcel boundaries, acreage, and assessed owners. This can sometimes reveal ownership listed under a trust, company, or individual name that you did not expect.
- Look for liens, mortgages, easements, or restrictive covenants. These are recorded instruments that affect ownership rights. A lienor’s interest may appear in the deed records and could influence what passes with the land.
- Consider a professional title search or title insurance commitment. A licensed title company or abstractor will run a thorough chain-of-title search, locate any recorded exceptions, and issue a title report or commitment. This is the usual next step if records are complicated or if you are preparing to clear title, sell, or quiet title.
- Obtain a survey if boundaries are in dispute. If the issue involves “a portion” of land where maps or deeds conflict, a licensed surveyor can establish the precise boundaries using the recorded legal description and field measures. A survey may be crucial before filing any legal action about boundary or ownership.
- When a cloud on title or competing claims exists, consult an attorney. If records conflict, ownership is unclear, or someone else claims the same portion, a Tennessee real property attorney can advise on quiet title actions, partition, adverse possession considerations, or probate remedies.
Two Tennessee state resources to consult:
- Tennessee Courts — Probate self-help information: https://www.tncourts.gov/programs/self-help/probate
- Tennessee Code and state legal publications (for statutes and official materials): https://www.tn.gov/sos/legal-publications/tennessee-code.html
Common immediate findings and what they mean
- If the deed chain shows a clear transfer from your grandfather to a named person, that person likely owns the land — but check for later conveyances and recorded liens.
- If probate shows the will devised the land to someone and the court distributed it, that person holds title (or did once distribution completed and deeded).
- If no probate appears and no recorded deed after your grandfather’s death exists, ownership may have passed to heirs by intestacy under Tennessee law — the probate court can help determine heirs and issue letters of administration.
- If the tax rolls list a trust, LLC, or different name, the property might now be held in that entity; deed records should show how that happened.
Helpful Hints
- Start at the county level: deeds (Register of Deeds), probate (probate court or clerk), and tax assessor/GIS are usually enough to resolve many questions.
- Bring the parcel’s legal description, tax ID, or an old deed to the Register of Deeds — staff can often point you to the right recorded instruments.
- Don’t rely solely on tax records for legal ownership; tax records sometimes lag or show the person paying taxes rather than the legal owner.
- If records are online, save PDFs of all relevant documents and note their book/page or instrument numbers for future reference.
- Use a title company when you plan to sell, refinance, or clear title. They identify hidden defects and can issue title insurance.
- If the ownership issue involves a disputed boundary, hire a licensed Tennessee surveyor before spending money on litigation.
- Act promptly if you suspect someone has been in adverse possession or if the statute of limitations might run — rights can be lost if not asserted in time.
- When in doubt about legal options (quiet title, partition, probate disputes), consult a Tennessee real property or probate attorney. Attorneys can run a full title examination, represent you in court, and advise on statutory deadlines.
How an attorney can help early: A lawyer can order a formal title search, interpret complex chains of title, advise whether a probate or quiet title action is needed, prepare pleadings, and coordinate with surveyors and title companies. If you want to preserve your position or prevent a sale, ask an attorney about emergency relief or recording notices.
Quick checklist before contacting an attorney or title company: identify the county where the land sits, gather any deeds or wills, note the parcel/tax ID, and record names of any persons currently paying taxes or claiming use.
Disclaimer: This article explains general steps under Tennessee procedure and points you to public resources. It is for educational purposes only and does not constitute legal advice. For advice about a specific situation, consult a licensed Tennessee attorney.