Legal Question in Real Estate Law in California

Re: BLM/GRO Land Records

I think your question must be answered in two phases: first, whether any interest in or claim to the land covered by the supposed patent survives after all these years; and second, whether under the laws governing intestate succession (i.e., how property descends in the absence of a will) you have inherited any of that interest.

The first issue, whether the patent is still effective to convey an interest or estate in the land, would require information as to the date of the patent, the statute authorizing its grant, and whether all conditions of the grant were met by the grantee (your grandfather). Many earlier grants were pretty absolute and had few conditions, but in later years Congress got a lot more stingy with federal lands, and the grant may have failed or expired and the ownership may have reverted back to Uncle Sam for any of a large number of reasons.

The second issue would be whether you have inherited anything, even if there is something to inherit. A grandparent's intestate estate does not go to a grandchild if the grandparent has a spouse or living child at his death. You might be the heir, or an heir, but a lawyer would need to know a lot more about the family tree, dates of deaths, disposition of other intermediate estates, etc.

So, in short, you need to come up with some more facts before an attorney could even begin to study the puzzle. However, don't let this discourage you, especially if you know that the land in question, due to its size or location, could be quuite valuable.