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 Sheriff
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/history/archives/land-grants/index.cfm
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 virtue 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.
Affidavit/Deposition-written voluntary statement of facts made under oath
Agreement-between two parties in a deed or other dealing
Ante nuptial/Prenuptial 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 reciprocal agreement between two or persons to do something of mutual benefit
Conveyance/Deed-the document by which title to real property is transferred from one party to another
Deed of Gift-one person gives to another without monetary consideration
Lease-agreement creating landlord-tenant relationship.Temporary 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
Partition-when two or more persons hold real estate as co-tenants 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-appointing 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 properties.
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 encumbrances. 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
Indexes to Land Records
Grantor, Grantee or Grantor/Grantee
Grantor, Grantee or Direct/Reverse
In some Public Land States the indexes could be by Land Tract
Physically Located in County Courthouse and may be available on microfilm through LDS or state Archives. Sometimes published.
Abstracting a Deed
1) Location in salutation of Deed-Usually county and state
2) Names of parties of contract-Grantor, Grantee
3) Residence of parties of contract
4) Date of Deed
5) Consideration
6) Description of land including water courses and metes and bounds or rectangular survey information
7) Adjacent owners or other land marks
8) Relationships given
9) Miscellaneous Information
10) Names of witnesses
11) Oaths of witnesses, grantors and public officials acknowledging deed in court
12) Signature of grantor
13) Release of Dower by wife and date
14) Date of recording of document
Tax Records
Real Property Tax Records-show location of land, acreage, neighbors
Personal Property Tax Records-includes real property owners and non real property owners. Show livestock, cash, carriages, clocks,
Combination of the two
Some tax records are listings of:
Residents owning property in the county
Residents owning property in another county
Residents of other counties owning property in the taxing county
Tax`Records can be used to locate a person (arriving/leaving/living) in a county at a given time.
Early Georgia Tax Records http://vault.georgiaarchives.org/cdm/landingpage/collection/tax
Georgia References Galileo http://www.galileo.usg.edu/welcome/
http://dlg.galileo.usg.edu/GeorgiaReferenceShelf/Genealogy.html?Welcome&Welcome
Land Records Resources
CyndisList – Land Records http://www.cyndislist.com/land.htm
Bureau of Land Management-US Land Patents http://www.glorecords.blm.gov/
Library of Virginia Basic Research http://lva1.hosted.exlibrisgroup.com/F/?func=file&file_name=find-b-clas30&local_base=CLAS30
Library of Virginia Advanced Research http://lva1.hosted.exlibrisgroup.com/F/4JQ1XEP1CIA94HPCJXTJYRP7UCHQCS79RL62HHIBCLF2UUVRNC-67522?func=file&file_name=find-d-clas30&local_base=CLAS30
Library of Virginia Chronological List Land Patents http://image.lva.virginia.gov/LONN/LO.html
Texas Land Grants-History and Types http://www.glo.texas.gov/
Texas Land Grants-Surname Lists http://www.glo.texas.gov/
Texas Land Grants-GLO-Search Land Grants http://www.glo.texas.gov/
Deed Platter Tool http://www.genealogytools.net/deeds/
Board of Certification of Genealogists Skill Building Articles http://bcgcertification.org/learning-super-parent/recommended-reading/
Range Maps for Dummies http://www.rootsweb.ancestry.com/~ilmaga/landmaps/range_map.html
Land Survey Maps https://navigator.blm.gov/home
Measuring Metes and Bounds Surveys http://www.directlinesoftware.com/metes.htm
Surveying Units and Terms http://www.directlinesoftware.com/survey.htm
Direct Line Software (Deed Mapper) http://www.directlinesoftware.com/deedmapper_42
US Weights and Measures Including Surveying http://www.infoplease.com/ipa/A0001660.html
Georgia Archives-Headright and Bounty Plats http://www.galileo.usg.edu/welcome/
Georgia Archives- Research http://www.georgiaarchives.org/research
Kentucky Land Office http://www.sos.ky.gov/admin/land/Pages/default.aspx
Kentucky Land Office Database http://www.sos.ky.gov/admin/land/military/Pages/default.aspx
Geographic Names Database http://geonames.usgs.gov/redirect.html
Arphax Family and Texas Mapping Books http://www.arphax.com/
