Researching Land Records « Chasing Dead Ancestors

Researching Land Records

Written By: mic - Jul• 08•13

Five Phases of American Land Transfers

1) All land claimed by the Crown (British, Dutch, Spanish, French, etc), Indian Claim to land usually relinquished in some form, usually a treaty and transferred by charter to colonies

2) Colonies transferred land to colonists or settlers-1607-Revolutionary War

3) After Revolutionary War the United States government obtained land from foreign governments and individual states thus creating Public Lands

4) Transfer of land from Federal Government to individuals: Public Land States

5) Transfer of land between individual parties

The Land Grant Process

1) Filing and Entry (also a Petition or Application)

2) Upon approval of Entry a Warrant was issued (Order to surveyor to “lay-out” a plat (map) of the land to be granted

3) Land surveyed and measured to meet requirements of the entry and warrant. and a plat created

4) Patent (Grant) issued by government to individual

Land transfer Prior to Revolution

State Land States (Original Colonies)

1) Headright Grants

2) Grants

3) Non Grant Transfers

a) Cash Sales

b) quit rents

c) seizure of Loyalist lands and resale by Sherriff

Value of Grants and Associated Records

1) contain names, dates and places

Grants by a colony usually located in the State Archives

Deeds transferring ownership from an individual after being granted are in the county where the land was located

Texas is a State Land State as it maintained control of her own lands

Land transfer After the Revolution

Public Land States

1) Creation of Public Domain by US Government

2) Land laid out in Rectangular Survey-based on meridians and base lines

3) Preempted Lands-Private Land Claims-land owned by a previous owner-See Grassroots of America and American State Papers and Territorial Papers

4) Public land often granted as bounty land for payment for military service to former soldiers and other programs or sold to individuals for cash or credit, homesteads, etc

5) US Bureau of Land Management

http://www.glorecords.blm.gov/

Texas Lands

Texas was an independent republic. It granted and sold land and retained ownership of her lands when entering the United States

Records of Grants of Texas lands at Texas General land Office, Austin

Records of Grants by Spain and Mexico also at GLO in Austin.

Texas GLO http://www.glo.texas.gov

Local Land Records

Land Titles

Real Property-land and all fixtures on it

Fee Simple-one able to sell land at will and that land descend to owner’s heirs

escheat- land reverts to state when no heirs

eminent domain-right of government to take over land for public purposes with payment of just compensation

Life Estate-for life of an individual

Estate for years-exists by virue of a lease

Estate upon Condition-exists with conditions

Estate in Tail-usually created by wills. Can be general, special, male or female. Usually the land cannot be resold by the person receiving it. Not legal in most states today.

Types of Land Records

Abstract of Title/Chain of Title-history of title

Acknowledgement-formal statement at end of a deed after signature of grantor by public official certifying the grantor signed on own free will.

Affadavitt/Deposition-written voluntary statement of facts made under oath

Agreement-between two parties in a deed or other dealing

Antenuptial/Prenupial Contract-sets forth an agreement between a groom and bride to be usually on property they own prior to the wedding

Assignment-of certain property rights to another

Bill of sale-transfer of ownership by sale often of non real property such as slaves, etc

Contract-a reciprical agreement between two or persons to do something of mutual benefit

Conveyance/Deed-the document by which title to real property is transferred from oneparty to another

Deed of Gift-one person gives to another without monetary consideration

Lease-agreement creating landlord-tenant relationship.Tempoary transfer of property

Lien-a claim by one party against the property of another usually for a debt

Mortgage-conditional transfer of legal title to real property as security for payment of a debt

Partitition-when two or more persons hold real estate as cotenants and they wish to divide the property among them. The partition describes the parts taken by each owner.

Petition-a request to a court for action in a matter not suit

Power of Attorney-apoining someone to act in ones stead

Quit Claim-instrument by which a person releases all title, interest or claim which may possess in certain real proprerties.

Release-document by which a person gives up, to another, his right to something in which he has a just claim

Release of Dower-Dower is the right of a widow to (usually 1/3) of her deceased husband’s real estate. The Release is her relinquishing her rights to her dower in land sold by her husband

Trust Deed-placing title to real property in one or more trustees to secure the payment of debt

Warranty Deed-the grantor warrants (by covenant) the title of the property he sells is free of encumberances. If not the grantor or his heirs can be sued on the warranty.

Value of Land Records to Researchers

Give names, places, residences, dates, relationships, property descriptions, neighbors

Deed research Form

http://dohistory.org/on_your_own/toolkit/deeds_form.html

English Law in American Land Research http://www.ancestry.com/wiki/index.php?title=English_Law_in_American_Land_Research

Overview of American Land Research http://www.ancestry.com/wiki/index.php?title=Overview_of_Land_Records

State Land States http://www.ancestry.com/wiki/index.php?title=State-Land_States

Deed platter http://www.genealogytools.net/deeds/

Deed Mapper http://www.directlinesoftware.com/deedmapper_42

Deed Background Maps http://www.directlinesoftware.com/–_background_maps

Deed Data Pool http://www.directlinesoftware.com/deed_data_pool

Public (Domain) Land States http://www.ancestry.com/wiki/index.php?title=Public-Domain_States