Mayflower Ancestors Tops US Genealogy Records now Online
A new Mayflower ancestors database can help connect you with your Pilgrim roots. Also, amateur US newspapers: Hill Air Force Base newspaper, Norwegian and African American Mormons, PERSI updates and collections for Alabama, Georgia, Indiana, Massachusetts, Ohio,...How to Find and Use Land Records for Genealogy
Land records are some of the most underutilized, yet most useful, records available in genealogy. Often, they are the only records which state a direct relationship between family members. They can also be used to prove relationships indirectly by studying the land laws in force at the time. Sometimes they can even be used to locate an ancestor’s farm or original house, so that we can walk today where our family walked long ago.
Land records exist in the United States in abundance for most locations. Read on to learn how to find land records and how they can help you scale seemingly impossible brick walls in your genealogy research. Our guest blogger is Jaye Drummond, a researcher for Legacy Tree Genealogists.
The History of Land Records
The search for new land is one of the main themes of American history, so it makes sense that land records would be an important part of researching that history.
The right to own real estate was not universal in most of the countries from which the majority of American immigrants came. And even when it was possible to own land legally, it was often too expensive and thus out of reach for most people.
As a result, the lure of vast expanses of relatively cheap and plentiful land has proved irresistible to millions of immigrants to American shores over the course of the past 400 years.
The land records created throughout those years to document ownership of all that real estate have accumulated in seemingly limitless amounts. Even in the face of catastrophic record loss in some locations, land records are generally plentiful. They usually exist from the date of formation of colonial, state, and county governments, where the records still exist.
Information Contained in Land Records
Due to the paramount importance of land ownership in what would become the United States, land records often are the only records in which you will find your ancestors mentioned in some areas.
And there’s good news! Land records often state relationships or provide other, indirect, evidence of family relationships. This makes them an invaluable resource for genealogists.
Understanding what kinds of land records exist, where to find them, and how to use them is often critical to solving genealogical mysteries.
4 Types of Land Records and How to Use Them
There are four different types of land records that can play a vital role in your family history research. Let’s take a closer look at what they are and how to use them.
1. Land Deeds
The most essential land record is the deed. Deeds document the transfer or sale of title, or ownership, of a piece of land or other property from one party to another.
Deeds usually concern land, or “real” property, but they also often mention moveable or “chattel” property, such as household goods and even enslaved persons.
They sometimes, but not always, contain explicit, direct statements of relationship between family members. Sometimes this can be a parent-child relationship, but deeds can also include a list of people who are children or heirs of a particular deceased person who owned the land being sold.
Sometimes the language in deeds involving heirs makes it clear that the heirs are children, sometimes not, so some care must be taken not to assume that all heirs are children. Research in other records sets such as probate, census, and church records may make the relationships of the heirs to the deceased land owner clearer.
In the early years of a settlement, and sometimes later, deeds books also often contained other types of transactions, including the sale of enslaved persons and sometimes even wills. These are often records for which no other copies survive. Thus, surviving deed books should always be checked for ancestors and their family members in every jurisdiction in which you do genealogy research.
Also, remember to check published abstracts of deeds if they exist, as witnesses to deeds were not included in most indexes to the original deed books. Witnessing a deed was one of many ways relatives assisted one another, and thus the presence of one of your ancestors as a witness for someone else suggests they had some kind of relationship, which might lead to the discovery of previously unknown ancestors.
Also keep in mind that not all states required the recording of deeds throughout their history, or did not require them to be recorded in a timely fashion.
Pennsylvania is an example of this lackadaisical attitude to record keeping that now seems foreign. When researching land records in Pennsylvania it is important to remember that deeds for an ancestor might have been recorded years, even decades, after the actual transaction took place. Therefore, always remember to check the indexes for deeds and other transactions many years after the person in question died or left the area.
In other states, such as New Jersey, land was sold at the colony and state level for longer than is typical in other areas and thus land records must be sought at the state or colony level up to that time.
In the case of New Jersey, deeds only began to be recorded in the various counties around 1785. Therefore, New Jersey real property research must be done at both the county and state or colonial level.
In the case of colonies and states with massive record loss, such as Virginia, land records recorded on the state level are often the only records that survive for some counties, and thus are critical for success in navigating such “burned” counties.
2. Land Grants and Patents
Land grants and patents issued by the various colonial, state and federal governments are also an important resource, including land lotteries in states like Georgia.
In many states, such as Pennsylvania and North Carolina, the original applications, warrants, surveys, and patents or grants still exist and can be searched at the state archives or online.
While these documents do not often state relationships, they sometimes do. That was the case with one of my ancestors whose father had applied for a land patent in Pennsylvania in 1787. He died before the patent was issued in 1800, and thus it was granted to his son by the same name. However, the land patent spelled out that the original applicant had died and his son was the person actually receiving the patent.
Land patents and grants, as well as deeds in general, can also document the dates in which an ancestor resided or at least owned land in a given location. This can assist the researcher in establishing timelines for ancestors. It can also help when it comes to differentiating between two or more individuals residing in a given area with the same name. Anyone dreading research on their Smith and Jones ancestors might just find the solution they seek in those old, musty deed books!
3. Mortgages
Other land records that might prove essential in solving genealogy puzzles are mortgages.
In some states like New Jersey, mortgages were recorded locally earlier than deeds and sometimes survive for earlier years than do deeds.
A mortgage is a promise by a borrower to repay a loan using real estate as collateral—in effect deeding title to the real estate to the creditor if the loan is not repaid.
A similar instrument called a deed of trust, or trust deed, performs the same function with the exception that a third-party trustee takes title if the loan is not paid back in full. In the early years, mortgages and trust deeds were usually contracted with private individuals, but as the banking industry grew in the United States over the course of the nineteenth century, they began to be taken out with banks instead of private persons.
The two parties involved in a mortgage are the “mortgagor” and the “mortgagee.” Indexes can often be found for mortgages using those terms.
However, sometimes early mortgages and trust deeds were recorded in the same books as deeds, so keep an eye out for them.
And remember: the mortgagor is the borrower, while the mortgagee is the creditor.
Don’t be put off by their sometimes-confusing terminology. Old mortgages and trust deeds are some of the most underused land records in existence—yet they can sometimes be the key that unlocks the door to that next ancestor. Don’t overlook them!
4. Tax Records
One other land record that could crack the case is land tax records. Everyone who owned land had to pay taxes on it, at least in theory. Sometimes, land tax books include notations about one person inheriting land from another, or more commonly, the change in owner’s name from one year to the next can indicate inheritance of the land. The absence of a deed or will showing the transfer might be explained by checking the land tax books.
The Law of the Land: Primogeniture and Genealogy
In some cases, the inheritance and real estate laws of the time might allow you to make a determination of parentage even without a will or deed stating the suspected relationship.
The legal concept of primogeniture, or inheritance of land by the first-born son, was in force in many parts of the Thirteen Colonies until soon after independence, especially in the southern and middle colonies. Thus, when a land owner died, his first-born son would often inherit all or most of his land if he died intestate, or without a will.
The emergence of one man as the owner of a given piece of land in place of the previous owner, either as the seller, or “grantor,” in a deed or in the land tax records, could indicate that the previous owner died and the land was inherited by his “heir-at-law,” the first-born son. There might not be any record of this transfer, so knowing the “law of the land” can prove to be instrumental in cracking the case.
In these and many other ways, land records can be used to find direct and indirect evidence of family and other types of relationships, often when no other record does—or even survives. It is for this reason that land records research must be part of any reasonably exhaustive genealogical investigation.
Where to Find Land Records
In some areas, land records are the only records that survive which state relationships or can be used to provide indirect evidence of them.
They also are useful in establishing biographical timelines for ancestors, and to learn more about their lives. They can sometimes also be used to identify the location of ancestor’s farms and sometimes even their original homes, so that today’s genealogists can often literally walk in the footsteps of their ancestors. But where are those records now?
It used to be that if you wanted to do genealogy the right way, one of your first stops had to be at the county courthouse where your ancestors lived. This is still a good practice, as many treasures held within the walls of the hundreds of courthouses scattered across this land are not microfilmed, digitized, or abstracted, and likely never will be.
The Recorder of Deeds and the County Clerk are therefore often the genealogist’s best friends. So, planning a trip to the courthouse or archive where land records are held is still a good idea.
But many of us live far away from where our ancestors owned land and lived out their lives. How can we access these records if we don’t have the time or budget to travel to the areas in question?
Thankfully, the digital revolution has made researching land records and other types of documents much easier, but often still time consuming and at times overwhelming.
The land records held at the state level for “state land” states (the original thirteen colonies and the states formed from them such as Maine and Kentucky) are usually indexed. They can often be accessed digitally at the website for the state archives, commercial genealogy sites such as Ancestry.com, or can be ordered via correspondence with the archive.
In states that were part of the old Northwest Territory, such as Ohio and Indiana, as well as the other public land states (any state formed under the Constitution that was not carved out of one of the original colonies), grants from the federal government to the first recorded owner of that land can be found at the Government Land Office site created by the Bureau of Land Management. Their website (available here) allows searches for names of individuals who purchased federal land in public land states. You can even view the digital images of the land grants, including the signature of the President of the United States at the time.
Other types of records associated with federal land, include:
- applications for public domain land grants,
- Homestead Act applications,
- Freedman’s Bureau land records,
- and bounty land warrants and applications for veterans.
These are all held at the National Archives in Washington, D.C. Many of these records also state relationships and add rich detail about the lives of ancestors. However, most of these records have never been digitized and must be searched in person or requested via the National Archives’ online order service.
(Editor’s note: Learn more about land records at the National Archives here.)
Land records at the county or town level are still held at the local county courthouse or archive, if they survive. Many jurisdictions have digitized their land records and made them available online, in many cases for free. This can sometimes include the entire run of a county’s land records, back to the formation of the county. County clerks and recorders will also sometimes do research via correspondence, though most are unable to do so due to time constraints.
Land Records at FamilySearch
Most importantly in the field of land records research from a genealogical perspective is the massive digitization project undertaken by FamilySearch, the website for the genealogical Society of Utah.
Millions of land records from all across the United States, and even some from other countries, are available at their website free of charge—and viewable either from the comfort of your own home or at a Family History Center or the Family History Library itself, depending on the license agreement FamilySearch has with the original repository.
This vast trove of land records is almost completely unindexed by FamilySearch and will thus not appear in results using their “Records” search page. They must instead be searched in the “Catalog” search page. (Editor’s note: learn how to search unindexed records at FamilySearch by reading our article: Browse-Only Databases at FamilySearch are Easy to Use.)
Despite not being indexed by FamilySearch, the digitized microfilms themselves usually have indexes, either in separate volumes or at the beginnings or ends of the digitized individual deed books.
Most of the digitized land records made available by FamilySearch date from 1900 or before, so a trip to the courthouse might still be warranted for most twentieth-century deeds and more recent land records research. If all else fails, don’t forget to ask the recorder or clerk for help if you have a limited research goal, such as one deed copy—you just might be surprised how eager and willing they are to help.
If the land records you need are unavailable online or are held in a remote location, consider hiring a professional genealogist to go to the courthouse in person on your behalf. Legacy Tree Genealogists has a worldwide network of onsite researchers who can obtain nearly any record that still exists in most areas. Learn more here about how we can assist you in the search for your ancestors and the records of their sometimes only tangible piece of the American dream—land!
(Editor’s note: Our links to Legacy Tree Genealogists are affiliate links and we’ll be compensated – at no cost to you – if you use it when you visit their website. This page includes a discount code for full service projects, or scroll to the bottom of the page for information about their 45-minute genealogy consultations. Thank you for helping to keep our articles and the Genealogy Gems Podcast free. )
Indeed, land ownership was more widespread in the Thirteen Colonies and the United States than most any other nation on earth. So the good news is that there’s a good chance that some of your ancestors were land owners. However you access them, land records are absolutely critical for success in genealogy and should be thoroughly examined whenever possible. You’ll be glad you did.
Jaye Drummond is a researcher for Legacy Tree Genealogists, a worldwide genealogy research firm with extensive expertise in breaking through genealogy brick walls. To learn more about Legacy Tree services and its research team, visit their website here.
We Dig These Gems: New Genealogy Records Online
Every Friday, we highlight new genealogy records online. Scan these posts for content that may include your ancestors. Use these records to inspire your search for similar records elsewhere. Always check our Google tips at the end of each list: they are custom-crafted each week to give YOU one more tool in your genealogy toolbox.
This week: British POWs in World War I, North Carolina marriages, and church records for the Evangelical Lutheran Church in America and various denominations in Scotland.
BRITISH POWs IN WWI. Prisoners Of War 1914-1920, with over 43,000 records with images at FindMyPast, consists of “10 series of British Foreign Office documents relating to prisoners held by the Ottomans during World War One. They not only include the names of military personnel taken prisoner–both allied and foreign–but also the names of civilians, merchant seamen, fishermen, diplomatic employees and more.” Some documents “contain the names, ranks and locations of PoWs and provide insights into life in the Ottoman camps. They contain details of requests made by inmates for items including footballs and biscuits, details of visits by foreign diplomats and reports on camp conditions.”
NORTH CAROLINA MARRIAGE RECORDS. Ancestry has a new collection of North Carolina “marriage bonds, licenses, certificates, and registers, as well as indexes and abstracts to the various records from 87 North Carolina counties….Of special interest to African American researchers are records of cohabitation, which were required to be recorded in 1866 in order for the marriages of recently emancipated slaves to be legally recognized.” The records span 1741-2011.
SCOTLAND CHURCH RECORDS. Births, baptisms, banns and marriages, deaths and burials are among a slew of newer records searchable on MyHeritage.com. According to the site, “The records in this collection were taken from Kirk Session material of the Church of Scotland, other Presbyterian churches, and also the registers of the Religious Society of Friends (Quakers). These parish registers cover a wide range of dates (from 17th to 19th century) and many of them are not to be found in any other record source.” Information listed in these records may include names, family relationships, dates and places of events and details of the parish.
U.S. LUTHERAN CHURCH RECORDS. Baptism, confirmation, marriage and burial records from more than 2000 congregations of the Evangelical Lutheran Church of America (1875-1940) are now on Ancestry. These have been available on Archives.com but have migrated to its parent site. “The information…varies from congregation to congregation (and sometimes from minister to minister). In some ethnic congregations, you may run into records in German, Danish, or some other language….Within the collection you may also find membership records, with some listing the names and dates of admission, communion records, and how they were received into the church.”
Google tip of the week: If you see a record collection online but don’t have a subscription to the website that hosts it, Google the name of the database. See whether a free site (like FamilySearch) or another site to which you do have access also hosts the same data set or a similar one. Can’t find it? Click on the description of the record collection (you can generally read the description even if you can’t search the records themselves) and read its source. It may come from a book or a resource that’s been microfilmed–something you can search for on WorldCat and borrow to a library near you. This tip is brought to you by The Genealogist’s Google Toolbox, 2nd edition–fully revised and updated in 2015!
We Dig These Gems: New Genealogy Records Online
Every Friday, we post highlights of fabulous new genealogy records online. Scan these weekly posts for content that may include your ancestors. Use these record types to inspire your own search for similar records elsewhere. And always check out our Google tips at the end of each list: they are custom-crafted each week to give YOU one more tool in your genealogy toolbox.
This week we highlight lots of British records and the WWI era:
UK SCHOOL RECORDS. FindMyPast has posted two new datasets on this topic. British School & University Memorial Rolls, 1914-1918 includes over 58,500 students from prominent UK universities who fought in World War I. And nearly 2 million names have been added to the UK National School Admission Registers & Log-Books, 1870-1914. These cover students in England and Wales, 1870 to 1914. FindMyPast says, “Explore their school records to find their birth date, admission year and the school they attended. You may also be able to discover their parents’ names, father’s occupation, exam results and any illnesses that led to absence from school.”
UK TAX RECORDS. About 10 million records and more than a half million images have been added to England, Westminster Rate Books, 1634–1900 at FamilySearch. According to the site, “This collection contains rate books from various parishes in Westminster City from 1634-1900. The rate books were an assessment of tax that was owed and are an excellent census substitute.” The index comes from FindMyPast, where subscribers can also search this collection.
UK WWI SERVICE RECORDS. Over 4 million records have been added to United Kingdom, World War I Service Records, 1914–1920. “This collection contains World War I service records from 1914-1920,” says the collection description. “It contains records from two publications in the National Archives: WO 363 (War Office: Soldiers’ Documents, First World War “Burnt Documents”) and WO 364 (War Office: Documents from Pension Claims, First World War).”
Google owns YouTube, the world’s most popular online video channel. More and more historical footage is being posted on YouTube, from amateur home movies to rare news footage and more. The search box is your best tool for finding footage of events, places and people, including World War I and II events. Conduct a search with the keywords that best describe what you’re looking for. After that initial search, the Filters button will appear: click the down arrow to reveal more search options and options to sort search results. Click here to see rare video footage I found on YouTube that made my jaw drop–it’s my husband’s great-grandfather, his fire truck and his dog.