How do you get a deed for land that you own, but don't have a deed for?

Question

So this is for New York state. I'm trying to find out how to get a deed for land that my grandparents gave to my dad like 32 years ago, but there was never a transfer of deed that anyone can remember. Now my grandparents are dead, have been for a few years, but the land is still in my grandparents name. My father has paid the taxes on the property for the entire time he's had it, so we're assuming that he would at least have squatter's rights, but I'd like to know how we can make ths official. Thanks for any help!

Answer 1

Speak with a lawyer.

You might be able to show a transfer took place 32 years ago. Even if you can the impact to your grandparent's estate might mean it is better to go the route you have suggested (adverse possession is the technical term in some markets).

The process is not simple and there will be some costs even if you tried to do it yourself. Best to use a lawyer.

One thing to remember is you really want it clearly transferred and approved by a court so that the property can be sold later or if you expect to borrow money secured by the land.

For a sale or to get a loan title insurance is the norm and no title insurance policy will be issued if the chain of title is broken or unclear. Having a court ordered transfer that clearly wipes out the past clouds on the title is the way to go.

Answer 2

If it has already gone through probate and you officially own the property, you need to have a transfer of title done and record it with the county assessor's office. You might need a real estate lawyer to help you do the legal paperwork assuming there's no conflict regarding ownership. It shouldn't cost too much. Just call around different attorneys offices. Make sure you have a copy of the will and and/or any other documentation that says its yours.

Answer 3

In new york the land owned by your grandparents gets passed to your father by a will if there was no will it will be an automatic transfer (might have to go thru probate court), if you provide them with a birth certificate and a death certificate the state should be able to do the transfer to your father's name.