[Research Guidance: United States - Research Outline] Research Guidance Version Of Data : 6/9/2001

LAND AND PROPERTY

The availability of land attracted many immigrants Look this term up in the glossary. to America and encouraged westward expansion. Land ownership was generally recorded in an area as soon as settlers began to arrive. These important records sometimes exist when few other records are available. The Family History Library has an extensive collection of state and county land records. You can find further information about state and county land records in research outlines available for each state.

Land records are primarily used to learn where an individual lived and when he lived there. They often reveal other family information, such as the name of a spouse, heir, other relatives, or neighbors. You may learn where a person lived previously, his occupation, if he had served in the military, if he was a naturalized citizen, and other clues for further research.

Government Land Grants

The Land Grant Process

Various royal, colonial, state, and federal governments established the first claims to land in what is now the United States. These governments have since sold or given much of this land to individuals. The person who obtains title to the land from the government receives a land grant. The process of receiving a land grant is sometimes referred to as �land-entry Look this term up in the glossary. .� Obtaining a grant of land from the government is the final step in a process that often resulted in the creation of several documents. The following is a general description of the documents that may have been created. Not all steps of the process may have been necessary, depending on local laws and customs.

The process generally began when a person seeking a grant submitted an application (petition or memorial) to the king or a governor, proprietor Look this term up in the glossary. , or government office. He may have applied to purchase land or to receive it free as payment for military or other service. Various documents could have been submitted with the application, such as evidence of citizenship, military service, or prior claim to the land.

If the application was approved, a warrant was issued to the individual. The warrant was a certificate that authorized him to receive a certain amount of land. This was surrendered to the appropriate official or land office to request that a surveyor produce a survey (a written legal description of the land's location).

Early surveys used a metes-and-bounds system Look this term up in the glossary. . This system described physical features of the land, such as �north fifty rods from the creek� or �S10� W 38 rods to the red oak on hill.�

After 1785 many lands were described by a rectangular survey system Look this term up in the glossary. , using townships, ranges, and sections, such as �NW1/4 of section 13, T2S R4W�. (This example is read as �northwest quarter of section 13 of township 2 south, range 4 west.) A township is a unit of land containing 36 sections. Each section is one square mile in area and contains 640 acres which can be divided into lots of various sizes. (For additional information on surveys, see The Source listed in the �For Further Reading� section of this outline.)

To purchase land that had already been surveyed, a person may have simply selected an available lot or bid for it at a public auction. Available lots were sometimes distributed through lotteries. Land lottery records are available for some states.

A government official or land office then recorded the individual's name and the location of the land in tract books and on plat maps. Tract books record the written legal descriptions of all the lots within a township or given area. Tract books of the public domain Look this term up in the glossary. states (see below) are arranged by sections within townships. Plats or plat books are maps of the lots within the tract.

The individual may have needed to complete certain other requirements, such as installment payments or a period of residency on the land, before he could actually obtain title to the land. Records of his completion of these requirements may have been kept in a case file along with his application. After all the requirements were completed, a patent or final certificate was issued to the individual. The patent (a first-title deed Look this term up in the glossary. ) secured the individual's title to the land. The individual could then sell or give the patent to someone else.

The government generally retained the survey notes Look this term up in the glossary. , tract books, plat maps, case files, warrant books (records of warrants issued and surrendered), and the patent books (records of patents issued). The individual retained his copy of the patent.

Grants from Colonial Governments

Colonial governments (including England, Spain, Mexico, Russia, and France) issued land grants to settlers in areas that later became part of the United States. In the early colonies, a governor or proprietor could sell land or give it away to soldiers and settlers. Those who immigrated or brought a certain number of immigrants to a colony sometimes received �headright� Look this term up in the glossary. or similar grants of land as compensation for settling the colony.

Many of these records are now available at the appropriate state archives. The Family History Library has copies of many colonial land records and published indexes. These are described further in the state research outlines and are generally listed in the Locality Search of the Family History Library Catalog under [STATE] - LAND AND PROPERTY.

Grants from the Federal Government (Public Domain)

The public domain included most of the land west of the Appalachian Mountains that was obtained by the federal government. After the United States was established, some lands that had been claimed by the colonies were ceded to the federal government. The federal government also obtained land as a result of the Louisiana Purchase of 1803 Look this term up in the glossary. , the War with Mexico (1846-48), and other means.

Over the years, more than one billion acres of the public domain have been transferred to private or state ownership through the types of grants described below. Approximately 25 million surveyed lots were eventually described in tract books. An estimated 6 1/2 to 7 million land titles were granted to individuals and states.

To accomplish this massive distribution of land, the government needed to resolve Indian claims to the land and private claims by settlers already on the land (including those who had received grants from Spain, Mexico, or France). They also needed to encourage settlement of the open lands, reserve lands Look this term up in the glossary. for military bounty, survey the land to provide a legal description, and establish a record-keeping system.

The Northwest Ordinance of 1785 Look this term up in the glossary. was the first of over 300 laws to help accomplish these tasks. It established the rectangular survey system that divided most of the land in the public domain into townships and sections. Later laws established local land offices to distribute the land. These were under the direction of the General Land Office (GLO) Look this term up in the glossary. in Washington, D.C. (now known as the Bureau of Land Management).

Types of Grants. The GLO distributed over 1,031,000,000 acres of the public domain lands as follows:

Donation lands and cash or credit sales. To encourage settlement of open lands, approximately 29 percent were sold very inexpensively for cash or credit (1785 to 1908) or donated to encourage settlement (1840s to 1903 in Florida, New Mexico, Oregon, and Washington).

Homestead grants. Another 28 percent of the land was distributed after 1862 to homesteaders Look this term up in the glossary.

who could receive title to the land by residing on it and making improvements for five years (various laws modified these requirements). About 60 percent of those who applied for homestead land never completed the requirements to receive a patent to the land. However, their applications have generally been preserved in their case files Look this term up in the glossary.

, and these may contain helpful family information.

Grants to states. Approximately 22 percent of the land was granted to the states, who, in turn, may have sold or leased it to individuals (see �Grants from States,� below).

Grants to railroads and others. Twelve percent was granted to railroad companies and others who also may have sold or leased it.

Military bounty lands. Seven percent was distributed as military bounty land (see the U.S. Military Records Research Outline [34118]).

Private land claims. Two percent of the land was granted to individuals who could establish prior ownership or had titles previously granted by Spain, Mexico, or France. When new areas were acquired by the United States, special commissions or courts were appointed by the U.S. Congress to resolve these claims and report to Congress. Many claims were presented directly to Congress.

Obtaining the Case Files. The case files are the most helpful records for family history researchers. The files for the donation grants, cash and credit sales, homestead entries, military bounty land, and private land claims are at the National Archives (see the �Archives and Libraries� section of this outline). If you wish to see the records in person, go to the National Archives in Washington, D.C. where you can look at the record and make your own copy.

To obtain photocopies of case files without leaving home, you may write, telephone, or fax:

Textual Reference Branch
National Archives and Records Administration
7th and Pennsylvania Ave., N.W.
Washington, DC 20408
Telephone: 202-501-5395
Fax: 202-219-6273

Do not send money. Send a letter with the following information: state, land office, type of certificate, certificate number, name of ancestor, and legal description of the land if you can obtain it. The Textual Reference Branch will notify you of the cost.

Most of the case files have not been microfilmed, except for the Oregon and Washington donation lands and some of the private claims files. The Family History Library has copies of most of the records that are on microfilm (see the state research outlines for more information).

Obtaining a Legal Description of the Land. The legal description includes the township and range of the property. If you can also provide the number Look this term up in the glossary. and date of the patent or final certificate and name of the land office that granted the land, the files can be found more quickly. You may be able to get the legal description from one of the following:

A deed, patent certificate, or similar records in the family's possession.
County deed records and plat maps. See �Exchanges of Land between Individuals,� below. In some cases you will also find a reference to the original patent or tract.
Tract books. If you know the general location of the land, you can search the tract books to obtain the legal description:

United States. Bureau of Land Management. Tract Books. Washington, D.C.: Records Improvement, Bureau of Land Management, 1957. (On 1,265 FHL films starting with 1445277; computer number 473821.) The tract books for Alaska and Missouri are missing. Most state archives also have copies for their states.

The original tract books for all public-domain states east of the Mississippi River and the states bordering the Mississippi on the west are at the:

Bureau of Land Management
Eastern States Office
7450 Boston Blvd.
Springfield, VA 22153
Telephone 703-440-1523
Fax: 703-440-1599

The original books for the other states are at the National Archives branch that serves the state, and copies are at the BLM offices in Anchorage, Phoenix, Sacramento, Denver, Boise, Billings, Reno, Santa Fe, Portland (Oregon), Salt Lake City, and Cheyenne. You can search these records yourself, or the staff at the BLM offices will search the tract books for you for a fee.

Federal plats. These are another source for finding the legal description. They are often referred to as the �township plats.� Most of these are available at the BLM offices above or at the National Archives�Cartographic Branch (see the �Maps� section). Each state archives may also have microfilm copies for the state.
Indexes to the patent books. The patent books are available at the BLM offices, and many state archives have copies. These can provide a legal description of the land, but you need either an accession number from an index, or the legal description to search the books or obtain a photocopy.

A few of the patent records are indexed. The BLM Eastern States Office (see address above under tract books) has an index to all patents issued after 30 June 1908. The Family History Library and the Eastern States Office have an incomplete card file that indexes pre-1908 patents issued in Alabama, Arkansas, Florida, Illinois, Indiana, Iowa, Louisiana, Michigan, Minnesota, Missouri, Mississippi, Ohio, and Wisconsin. These are on 160 microfilms. See:

United States. Bureau of Land Management. Card Files. Washington, D.C.: Bureau of Land Management, [19--]. (FHL films 1501522-681; computer number 547365.)

The pre-1908 land patents are also being indexed and placed on compact discs for computers. The Family History Library and other repositories have copies for Alabama, Arkansas, Florida, Louisiana, Michigan, Minnesota, Ohio, and Wisconsin. They are found in the Locality Search of the Family History Library Catalog under [STATE] - LAND AND PROPERTY.

Indexes for the same states along with Missouri are available by computer modem. For an information packet, telephone the Bureau of Land Management at 703-440-1564. The fee for modem access is $2 per minute, but the practice area is free.

The National Archives has a card index to pre-1908 patents issued in Alabama, Alaska, Arizona, Florida, Louisiana, Nevada, and Utah.

Private Land Claims. The original 1789 to 1908 case files of private land claims in parts of 15 states are at the Textual Reference Branch (see address above). The files of some states have been microfilmed and are available at state archives and at the Family History Library.

Many of the applications Look this term up in the glossary. , petitions, and memorials presented to Congress from 1789 to 1837 have been published and indexed in:

United States Congress. American State Papers, Class 8: Public Lands; Class 9: Claims. 9 vols. 1832-1861. Reprint, Greenville, S.C.: Southern Historical Press, 1994. (FHL book 973 R2ag 1994; computer number 617316; 1832-1861 edition on films 899878-85; computer number 277508.) A combined index to the 1832-1861 edition is:

McMullin, Phillip W., ed. Grassroots of America. Salt Lake City: Gendex Corp., 1972. (FHL book 973 R2ag index; fiche 6051323; computer number 271603.)

Indexes to land, pension, bounty land, and other claims presented to Congress from 1789 to 1909 are found in published summaries Look this term up in the glossary. or digests (tables) at the National Archives and federal repository libraries (at major university libraries). The Family History Library has the alphabetical digests for 1789 to 1871:

United States Congress. House. Digested Summary and Alphabetical List of Private Claims Which Have Been Presented to the House of Representatives. Washington, D.C: Library of Congress, [19--]. (FHL films 899874-77; computer number 324508.)

Published Sources. Some societies, archives, and individuals have transcribed, indexed, and published portions of the federal land records, usually for a state or county. Those at the Library are usually listed in the Locality Search of the Family History Library Catalog under the [STATE] - LAND AND PROPERTY, or [STATE], [COUNTY] - LAND AND PROPERTY.

Grants from States

The states also granted land. Twenty colonies and states did not cede the unclaimed land in their borders to the federal government when they became part of the United States. These states are known as state-land states and included the original 13 colonies and Hawaii, Kentucky, Maine, Tennessee, Texas, Vermont, and West Virginia.

The states in the public domain areas who received grants of land from the federal government (as described above) also granted some of this land to individuals.

Each state established land offices to distribute its land, in a manner similar to that of the federal government. The Family History Library has microfilm copies of the records of some states. These are listed in the Locality Search of the Family History Library Catalog under [STATE] - LAND AND PROPERTY. The original documents are usually at the state archives (see the state research outlines for more information).

Subsequent Exchanges of Land

Land Companies

To encourage settlement of large tracts of land, many colonies and states allowed land speculators, often organized as land companies, to purchase large tracts of land for resale to settlers. Records of these transactions may be difficult to obtain. They may have remained in private possession, or have been deposited in a state, local, or private archives or historical society. Some have also been published. The Family History Library has copies of some of these records (especially the published sources) such as the Susquehannah Company Papers. Land company records are generally listed in the Locality Search of the Family History Library Catalog under [STATE] - LAND AND PROPERTY.

County and Town Records

When an individual received the patent or title to his land, he went to a local government office to have his ownership recorded and to obtain a deed. This was not always done immediately, but was usually done before the land was transferred or leased to anyone else. These records and all subsequent exchanges of land through sales, foreclosure Look this term up in the glossary. , divorce, or inheritance were usually recorded by a county clerk, county recorder, or county register of deeds (except in Connecticut, Rhode Island, and Vermont, where town clerks have kept the records). These officials also kept records of mortgages and leases.

Deed and Mortgage Books. When an individual presented a patent Look this term up in the glossary. , deed, or other evidence of ownership, the clerk usually made a handwritten copy of the complete document in the deed books. In later years, deeds were often recopied, especially if the originals were lost, worn, or destroyed. Mortgage and lease information may have been kept in separate books. The clerks also added the information to their local plat maps Look this term up in the glossary. . (These were often the basis of landownership maps and atlases which have been published for many counties. See the �Maps� section of this outline.) The individual retained his copy of the deed and other records.

Indexes. There are usually indexes with the deed and mortgage books, and some indexes have been published. The indexes generally list the name of the seller (grantor or direct indexes) and the name of the buyer (grantee or indirect indexes). Other names that are found in the records are rarely indexed. Because there may have been many transactions over many years regarding one piece of property, search a wide range of years in the indexes.

Obtaining County and Town Records. The Family History Library has microfilm copies of the deed books and indexes (and sometimes the mortgage and lease records) of more than 1,500 county and town courthouses. See the state research outlines for additional information. The county and town records are listed in the Locality Search of the Family History Library Catalog under one of the following:

[STATE], [COUNTY] - LAND AND PROPERTY[STATE], [COUNTY], [TOWN] - LAND AND PROPERTY

You can also contact the courthouse or archives where the original records are located to request a search of the indexes and then request copies from the record books.

For further information about land records see:

Hone, E. Wade. Land and Property Research in the United States. Salt Lake City: Ancestry, 1997. (FHL book 973 R27h; computer number 777085.)

You can find further information about state and county land records in research outlines available for each state. Land ownership maps are described in the �Maps� section of this outline.

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