They came for land: Researcing first title for genealogy

Land records are possibly the most valuable records for determining relationships, especially before 1880, when the federal census began including relationships to the head of the household. One of the primary reasons our ancestors came to America and moved often was to find better land. Indeed, in many areas over 80% of adult males owned land.

Land records provide a more complete list of inhabitants than do census records because they span time periods and are not just a "snapshot" of a community. They supplement probate records, considering that part of probate includes sale of land or division of land. Description of the land allows researchers to determine neighbors and a location for ancestors. Land records often include mention of relationships. Finally, prior to 1850, land records may include the only mention of a wife's given name.

When an owner sold land, his wife had to be named and had to relinquish her dower right. Dower was the right a married woman had to use of 1/3 of her husband's land during her lifetime. Failure to relinquish this right could mean that a woman could return to claim it even after the land sold. This is not to be confused with "dowry," which is property brought with a bride to her husband upon their marriage.

Children or heirs are often listed in land records -- particularly valuable if the landowner lived to old age and had generations of descendants. Mention of current or past places of residence are valuable for determining other locations to research. Careful observation of dates allows researchers to place family members in time. Indicators of the economic status of people appear in land records -- either in the value of the land, loss of land to debt or tax bills, or size of land holdings. A possible indication of literacy is whether the owner signed with a signature or mark.

Land records are legal documents and describe property location and extent. Accordingly, there are numerous associated terms. For example, if your ancestor lived in Missouri from 1796 to 1832, then moved to Texas, you may encounter land measured in arpens/arpents, square rods/roods, acres and varas. A basic glossary of land terms is at: thoughtco.com/common-land-and-property-terms-glossary-1422112.

Land in early North America found its way to settlers from a monarch, royal governor, settlement company, proprietary or similar authority. This was the situation in the 13 original colonies, states organized from one of these colonies (Kentucky, Maine, Tennessee, Vermont and West Virginia) and states which were independent countries (Hawaii, Texas). These states are "state land states."

Original title holders in most other states received their land from the U.S. government by purchase, in payment for services such as military service or by federal grant. These states are "public land states." Yet another group of states are mostly public land states, but include land originally granted from an authority that pre-dated U. S. ownership. Examples include Missouri, Arkansas and Louisiana (original grants from Spain or France) and the states and parts of states ceded from Mexico after the Mexican-American War (original grants from Spain).

Acquiring land in most state land states included four steps, each generating records for study. Prospective owners first had to apply for (or enter) land. The application included the amount and location of land he/she wished to purchase. Applications are typically brief. Because there was not necessarily any payment for the land, many of these stopped at the entry step, or there may be no entry record. Payment may have been immediate, may have been in installments or may have taken years.

If the applicant continued the process, they were issued a warrant for survey. This was a statement authorizing a survey, at the applicant's expense. Warrants were usually issued upon completion of payment for the survey. The warrant usually included information concerning the entry and basic locational info (neighbors, landmarks). They might also include directions to the surveyor.

The next step was a survey. Surveys of state grants included metes and bounds survey -- corner descriptions (trees, rock piles, stakes, or other landmarks) distances and compass bearings ("calls") between them. Included was a plat drawing with survey lines and calls. The surveyor and survey crew members/witnesses signed and dated the survey.

Upon approval of the survey and payment of any additional fees, the applicant received a patent. This was the original title to the land. The applicant did not own the land until completion of the entire process.