According to the Bureau of Land Management (BLM), an agency established in 1840 by an Act of Congress, a land patent documents the transfer of land ownership from the federal government to individuals. The information contained in a land patent relates to the land transfer and many are accessible through online searches. Before embarking on a land patent search, obtain an understanding of the rich history behind land patents.
A Brief History of the U.S. Land Patent System
According to the BLM’s General Land Office Record, the states gave up their claim to lands now known as Alabama, Illinois, Indiana, Ohio, Michigan, part of Minnesota, and Wisconsin to the Congress of the Confederation in exchange for the new federal government giving up its claim to lands within the colonies. Unlike the Homestead Act of 1862, this was not “free government land”. The main purpose of these early transfers to individuals by the federal government was to raise money for its treasury. Encouraging the population to claim and settle land in “the West” was of secondary concern at this point.
Article 4, Section 3, Clause 2 of the U.S. Constitution granted Congress the power to: “dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States.” This provision provided the federal government the basis for creating the land patent vehicle to “divest” itself of its public lands and transfer ownership to freeholders.
Land Patents and Land Grants
Similar to land patents, a state government’s transfer of land to an individual may also be called land patents or land grants. For instance, after the American Revolution, both Virginia and Kentucky established land grant systems. Records of land patent or land grant issuances within the original 13 colonies are available in state records and not by the BLM.
Researching Title Claims Based on Land Patents
There is a great amount of case law discussing disputes that have arisen under land patents. For instance, in 1865 the court in Stone v. United States ruled that “[a] patent is the highest evidence of title, and is conclusive against the government and all claiming under junior patents or titles, until it is set aside or annulled by some judicial tribunal.”
Those who would claim an interest in land based on a land patent must address their standing to assert the claim. In 1935 the court in Putnum v. Ickes held that “[a] patentee can be deprived of his rights only by direct proceedings instituted by the government or by parties acting in its name, or by persons having a superior title to that acquired through the government.”
Researching Land Patents
A research of land patents can be a journey through a family’s history and U.S. history. For the genealogist, historian, or those otherwise interested in real estate, great online searches for land patents are available through The National Archives Land Records (NALR) and BLM. Land patent documents are accessible from NALR online. BLM land records are searchable online through its GLO Records.
General Disclaimer: This article is for informational purposes only and creates no attorney-client relationship. It should not be used as a substitute for tax or legal advice.
Vanessa Cross - Vanessa Cross is a freelance writer who writes about international trade, business law and small business development issues.
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