Detailed Answer
Short answer: Start by pulling the recorded deed and title records at the county Register of Deeds where the parcel sits. That record chain will usually show who currently holds legal title and how the property passed from your grandfather to the present owner.
Why the deed records are the first step
Real property ownership in Wisconsin is normally established by recorded instruments (deeds, quitclaims, mortgages, liens, and court orders). The county Register of Deeds keeps a public, chronological record of those instruments. Reviewing those records is the fastest, lowest-cost way to trace how ownership moved from your grandfather to anyone else.
How to do it — practical step-by-step
- Identify the county and parcel: If you do not already know the parcel’s county, find the property using the address or tax parcel number through the county assessor or GIS map website.
- Visit (or use) the county Register of Deeds: Search by grantor/grantee name (your grandfather’s name), legal description, or parcel ID. Many counties offer online searchable databases; some require an in-person visit.
- Pull the chain of title: Starting with the most recent deed, work backward to see how title passed. Look for deeds, probate court filings, transfers by executor or administrator, divorce transfers, or trustee conveyances.
- Check related records: Search county probate records to see if the land passed by will or intestacy. Check liens, mortgages, county tax records, and recorded surveys or plats.
- Get certified copies: If you find relevant deeds or probate documents, get certified copies for your records.
Common complications and what they mean
- No recorded deed from your grandfather: If you find nothing, the property might still be in the estate (probate), or it may have passed informally. Check probate dockets and tax records.
- Multiple names or unclear conveyances: Quitclaim deeds, misspellings, or transfers to trusts can obscure ownership. A full title abstract or attorney review usually clarifies these.
- Adverse possession or boundary disputes: Long, open possession by a neighboring owner might create rights under Wisconsin law. These claims are fact-intensive and may require a survey and legal action.
- Disputed or missing heirs: If the transfer happened in probate and heirs were not properly served, title can be clouded and may require a quiet title action in circuit court.
When to get professional help
If the deed search shows clear, documented transfers and no clouds on title, you can usually determine ownership yourself. If records are confusing, contradict one another, or suggest adverse possession or probate issues, consult a Wisconsin real property attorney or a title company. They can run a complete title search, order or review surveys, and represent you in court if a quiet title action becomes necessary.
Relevant Wisconsin resources
- Wisconsin statutes and searchable code: https://docs.legis.wisconsin.gov/
- Wisconsin Circuit Courts (for filing quiet title or probate matters): https://www.wicourts.gov/
- Wisconsin Register of Deeds Association (links to county registries and general guidance): https://www.wrdaonline.org/
Important: statutes and procedures can affect how title disputes are resolved. If you plan any formal action (filing in court, negotiating a sale, or disputing title), consult a Wisconsin attorney to confirm deadlines and legal requirements.
Disclaimer
This article is for general information only and does not contain legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a licensed attorney in Wisconsin.
Helpful Hints
- Start with the county tax parcel map and assessor’s office to confirm the parcel ID and county.
- Search by multiple name spellings and by variants (middle initials, suffixes) at the Register of Deeds.
- Collect all documents that mention the property: deeds, wills, probate files, tax bills, and surveys.
- Look for recent property tax bills—those show who the county currently considers the owner for tax purposes.
- If you see a recorded deed transferring title, note the grantee’s name and the date—this is usually decisive unless there is a legal defect.
- Consider paying for a professional title report or an abstractor search if the chain of title goes back many years or involves complicated transfers.
- If a neighbor claims long-term use or you suspect a boundary issue, hire a licensed surveyor before negotiating or filing court papers.
- Preserve originals and get certified copies of any key documents you find; originals are important for legal disputes.
- Act promptly if you find possible title defects—statutes of limitations and procedural rules can bar claims if you wait too long.