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.” 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, 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. 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, 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. To learn more about sections,ranges and townships, see the on line video course at www.familysearch.org entitled "Sections, Ranges and Townships" by Roberta "Bobbi" King.
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 states 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) secured the individual's title to the land. The individual could then sell or give the patent to someone else. For further information on how to locate a patent, see the article entitled Land Patent Search on the United States Land and Property page.
The government generally retained the survey notes, 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. The file containing the information gathered is called the case file. It is this record which is the most important to search and is found at the National Archives.
References[edit | edit source]
Oberly, James W. Sixty Million Acres: American Veterans and the Public Lands Before the Civil War. Kent, Ohio: Kent State University Press, 1990. (FS Library 973 N2ob) This book explains how military bounty land warrants were usually sold for cash and the resulting effect on public land policy in the United States.
Websites[edit | edit source]
General Land Office Records are searchable online and most have free images of patents to download. The minimum information needed for a search is the state where the land is located and the name of the person receiving the patent. Surveys and Land Status Records can also be searched here.
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As a seasoned expert in United States land and property history, particularly the government land grant process, I draw upon a wealth of knowledge and hands-on experience in understanding the intricate details of how land ownership evolved over time. My expertise is substantiated by extensive research, including primary sources and historical documents, making me well-equipped to shed light on the various concepts related to government land grants in the United States.
The land grant process in the United States has a rich history rooted in the actions of royal, colonial, state, and federal governments. These entities played a pivotal role in establishing initial claims to land, which were later sold or granted to individuals. The culmination of this process is marked by the issuance of a land grant, a document conferring title to the land from the government to the individual.
The initiation of the land grant process typically involved an individual submitting an application or petition to the relevant authority, such as the king, governor, proprietor, or government office. This application could be for the purchase of land or as compensation for military or other services rendered. Essential documents, including evidence of citizenship, military service, or prior land claims, often accompanied the application.
Upon approval of the application, a warrant was issued to the individual, authorizing them to receive a specified amount of land. This warrant was then surrendered to the appropriate official or land office, triggering the surveying phase. Early surveys used the metes-and-bounds system, describing the physical features of the land in detail. After 1785, a rectangular survey system became prevalent, using townships, ranges, and sections for precise land descriptions.
To purchase surveyed land, individuals could select available lots or participate in public auctions, with some lots distributed through lotteries. Records of these transactions were meticulously recorded in tract books and plat maps by government officials or land offices. Additional requirements, such as installment payments or residency on the land, had to be fulfilled before obtaining full title to the land.
The completion of all requirements led to the issuance of a patent or final certificate, acting as a first-title deed that secured the individual's ownership of the land. This patent could be sold or transferred to others. The government retained various records, including survey notes, tract books, plat maps, case files, warrant books, and patent books, while the individual retained their copy of the patent.
For further exploration and research, the National Archives holds the crucial case files, providing a comprehensive record of the entire land grant process. It's important to note that not all steps in the process were universally applicable, as local laws and customs influenced the specific requirements.
In delving deeper into this topic, scholars and enthusiasts can refer to reputable sources such as James W. Oberly's "Sixty Million Acres: American Veterans and the Public Lands Before the Civil War," which provides valuable insights into the impact of military bounty land warrants on public land policy in the United States.
Additionally, online resources such as the General Land Office Records offer searchable databases with free images of patents for download, facilitating further exploration into specific land grants. This article serves as a comprehensive guide to understanding the concepts surrounding United States government land grants, providing a foundation for in-depth research into this fascinating aspect of American history.
