Various laws provided for the distribution of unclaimed land in the public domain:
- The pre-emption law
, passed by Congress in 1841, applied to New Mexico when it became a territory. Under this law, a head of a family (including a widow) could stake a claim and buy it from the government.
- The Donation Act of 1854
granted free land to settlers. Persons claiming Spanish or Mexican land grants were not eligible.
- The Homestead Act of 1862
gave free land to settlers who lived on the land for five years or who purchased it within six months of filing a claim for it.
- Land was also available through timber-culture grants, soldiers' and sailors' homesteads, mining grants, coal grants, desert grants, railroad grants, and education grants.
The land was distributed through land offices
. The first general land office was established in 1858 at Santa Fe. The land entry
case files
, indexes to pre-1908 patents
, and original tract books
and township plats
of the general land offices are at the National Archives. Land records of the Santa Fe office are at the National Archives—Rocky Mountain Region (Denver). The patents and copies of the tract books and township plats are at the Bureau of Land Management, New Mexico State Office, Federal Building, 1474 Rodeo Rd., P. O. Box 27115, Santa Fe, NM 87502-0115, Telephone: 505-438-7450, Fax: 505-438-7452.
Further information on the donation, homestead, and other acts affecting land records is in Victor Westphall, The Public Domain in New Mexico, 1854-1891 (Albuquerque: University of New Mexico, 1965; FHL book 978.9 R2w).
County Records
After land was transferred to private ownership, subsequent records, including deeds and mortgages, were recorded by the county clerk. The Family History Library does not have copies of the deeds or other property records available in each county. You can obtain copies by contacting the county clerk's office.
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