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.
Example of deed index, courtesy of FamilySearch
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.
“14th Dec. 1786 Received of Mr. James Brooks Six pounds, Eighteen Shillings and four pence in full for the balance of Samuel Wood Estate Land Tax for 1784 & Half tax for 85.” John Rodes L. Ds. Image courtesy of MyHeritage.
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.
Smyth County, VA courthouse records (Image credit: Margaret Linford.)
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.
Example of a land patent image.
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.
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.
Live from FGS 2018!
Lisa chats with a podcast listener, talks about vital records with Shannon Combs-Bennett and welcomes a drop-by guest, Daniel Horowitz of MyHeritage.com.
Episode highlights:
Fantastic news from RootsTech;
A great new resource from Library & Archives Canada;
An update from Your DNA Guide Diahan Southard on MyHeritage DNA tools;
The long-awaited conclusion of Project Lizzie.
LIVE FROM FGS!
Lisa records the podcast in the exhibit hall with guest Shannon Combs-Bennett and a live studio audience
LIVE MAILBOX: Chatting with Jeannette
Jeannette from Niagara County Genealogical Society, shown here (left) with Lisa
The FGS conference supports the missions and activities of genealogical societies. Learn more about FGS and find a genealogical society near you here.
Genealogy Gems supports societies, too! Society memberships and reprintable articles for your newsletters. Go to the Societies dropdown menu on GenealogyGems.com:
If your society is interested in hosting Lisa Louise Cooke for a seminar, go to the Seminars tab and click Book Lisa.
As MyHeritage’s Genealogy Expert, Daniel Horowitz provides key contributions in the product development, customer support and public affairs areas. He holds board level positions at the Israel Genealogy Research Association (IGRA) and the International Association of Jewish Genealogical Societies (IAJGS) among others. Daniel served as teacher and study guide editor for 15 years for the family history project “Searching for My Roots” in Venezuela.
Where: Oslo, Norway at the Radisson Blu Scandinavia hotel
When: November 2-4, 2018
It’s open to anyone who would like to learn more about MyHeritage – including subscribers, DNA customers, those with free basic accounts, and those who haven’t used MyHeritage yet but would like to find out more.
Tickets include entry to the Friday night reception, keynote speeches, all conference sessions, lunch and coffee breaks on Saturday and Sunday and entry to the exclusive MyHeritage LIVE party on Saturday night. Now through September 24, register for Early Bird discount price of €75.00. MyHeritage.com is the place to make connections with relatives overseas, particularly with those who may still live in your ancestral homeland. Click here to see what MyHeritage can do for you: it’s free to get started.
MyHeritage.com is the place to make connections with relatives overseas, particularly with those who may still live in your ancestral homeland. Visit www.MyHeritage.com
Subscribe to the free Genealogy Gems newsletter to receive a free weekly email with tips, inspiration and money-saving deals. Click here to subscribe!
LIVE MAILBOX: Adrianne Keeps Connected with the Podcast
If you’re listening through the Genealogy Gems app, your bonus content for this episode is a short but inspiring story from someone who came to one of my classes and then went and found something cool on YouTube relating to her family’s employment with airline TWA….Don’t miss it! The Genealogy Gems app is FREE in Google Play and is only $2.99 for Windows, iPhone and iPad users.
Lisa Louise Cooke uses and recommends RootsMagic family history software. From within RootsMagic, you can search historical records on FamilySearch.org, Findmypast.com and MyHeritage.com.
Keep your family history research, photos, tree software files, videos and all other computer files safely backed up with Backblaze, the official cloud-based computer backup system for Lisa Louise Cooke’s Genealogy Gems. Learn more at https://www.backblaze.com/Lisa.
NEWS: RootsTech Goes to London
RootsTech will host an event in London from 24–26 October 2019 at the ExCeL London Convention Centre. Registration opens in February 2019. Find out more about RootsTech London 2019 at https://www.rootstech.org/London.
Lisa Louise Cooke, Diahan Southard, and Sunny Morton will share a stage on October 4-5, 2018 at the SeniorExpo in Sandy, Utah. (Psst: You don’t have to be a senior to attend!) Here’s the scoop—and a special registration discount!
Who: Lisa Louise Cooke, Diahan Southard, and Sunny Morton
What: Genealogy Roots: The Un-Conference Experience! at SeniorExpo
Where: Mountain America Expo Center (South Towne Expo Center), 9081 S. State St., Sandy, Utah
When: October 4-5, 2018, 9:00 am – 5:00 pm
THE ARCHIVE LADY: Library Archives Canada Co-Lab
The Library and Archives of Canada (LAC) has introduced a brand-new crowdsourcing opportunity for genealogists or anyone interested in records transcription: Co-Lab.
The LAC has put a call out for volunteers to be part of a collaborative project to transcribe, add keywords and image tags, translate content from an image or document and add descriptions to digitized images using “Co-Lab” and the new “Collection Search”. The more volunteers that participate in this project, the more accessible and usable the digital collection will become for everyone.
You can become a contributor in two ways:
Take on a “challenge” of images put together by experts at LAC
Use the new Collection Search to find materials that matter most to you, then enhance them. Anyone can now contribute to digitized images that are found while doing research.
The volunteer must register and create a user account so you can keep track of the records to which you have contributed. Once this free account is established, a volunteer can contribute as much or as little as they would like.
The “Challenges” are content put together under a theme. For instance, under the “Challenges” tab on the website you could choose to transcribe the “Correspondence between Sir Robert Borden and Sir Sam Hughes” The theme for this challenge is listed as “military heritage.”
Or another “Challenge” someone might choose could be “New France and Indigenous Relations” whose theme is listed as “Aboriginal Heritage.”
There are also new “Challenges” being posted to the site, so check back often.
Maybe you would like to contribute using Collection Search. The website describes how this tool works: “When you are conducting research using our new search tool and find images, you’ll see that you have the option to enable this image for Co-Lab contributions. After answering just a few short questions, you can enable an image found in Collection Search for Co-Lab use and transcribe/translate/tag/describe to your heart’s content.”
There is a short tutorial to get you started and show you the ropes. The launch of Co-Lab also introduces a new image viewer, which allows you to zoom in on different parts of the image or move around the image itself. This tool is useful when transcribing or adding keywords and image tags to describe all the small details. Every image in Co-Lab is subject to review by other members. If something is found to be incorrect or if you find something that is wrong, it can be marked as “Needs Review” for others to take another look and decide what is correct.
The best part about this new Library and Archives Canada tool is that every contribution by the volunteers benefits fellow genealogy researchers and improves records access. Every additional tag or translation becomes new metadata and is searchable within 24 hours of the transcriptions or tagging being done.
So, if you are like me and are eager to get as much genealogical and historical records online and transcribed, check into The Library and Archives of Canada’s new Co-Laband Collection Search!
Click here to read Ron’s blog post announcing the satisfying conclusion of Project Lizzie. To learn more about Ron, stop over at storyhow.com, where Ron teaches business people how to tell stories.
PROFILE AMERICA: Picture This
PRODUCTION CREDITS
Lisa Louise Cooke, Host and Producer
Sunny Morton, Contributing Editor
Diahan Southard, Your DNA Guide, Content Contributor
Melissa Barker, The Archive Lady, Content Contributor
Disclosure: This page contains affiliate links and Genealogy Gems will be compensated if you make a purchase after clicking on these links (at no additional cost to you). Thank you for supporting this free podcast and blog!
In this “Blast from the Past” episode, Lisa gives voice to the era of silent films, in a unique approach to understanding her great-grandmother’s life. Her passion for this mostly-forgotten film genre comes through in her conversation with film archivist Sam Gill of the Niles Essanay Silent Film Museum in Fremont, California.
Don’t miss these fun segments, too:
A listener writes in after discovering a birth mom’s story in passport records (see what lengths he goes to in order to access the records!).
Just after RootsTech 2018, Your DNA Guide Diahan Southard reports on the latest DNA news you’ll want to know.
NEWS: DNA NEWS ROUNDUP
First up was MyHeritage, showing their support for the 7 million adopted individuals in the United States with their new DNA Quest campaign. MyHeritage will provide 15,000 DNA test kits to eligible participants free of charge, in order to help these adoptees use DNA to reunite them with their biological families. With this initiative they “hope to make this project a shining light for corporate philanthropy and an example to be followed by other commercial companies in their own lines of expertise to make the world a better place.” MyHeritage has assembled an advisory board of genetic genealogists and genetic counselors to help drive this project and ensure it meets the needs of the community. If you or someone you know is interested in participating, you can head on over to the DNA Quest website (www.dnaquest.com) to fill out an application. But you better hurry, the application deadline is April 30, 2018.
Next, addressing the biggest problem in genetic genealogy, namely the looming What Next? question facing millions of newly swabbed participants, MyHeritage announced the Big Tree ? a giant network of genetic and genealogy results that will automate much of the match comparison and tree searching to replace your head-scratching with light-bulb moments. They have already made significant headway on this project, as reported in the journal Science, which MyHeritage’s own chief scientific officer Yaniv Erlich collaborated on. The journal reports that the team of scientists successfully extracted public family trees from Geni.com (a MyHeritage daughter company), and then used a computer program to clean up and link the trees together. It sounds like MyHeritage will be adding genetic data to this kind of tree data in their Big Tree project.
MyHeritage isn’t the only company out to improve the DNA matching experience. UK based LivingDNA announcedthat they plan to add DNA matching to their popular origins test by third quarter 2018. When they launched in October of 2016, LivingDNA was not offering cousin matching, but opted instead to focus all of their resources on providing very detailed origins reports, including breaking down the UK in to 46 categories. In the months since their launch, they have been working on a genetic matching system, called Family Networks, that will appeal to a wide range of users and will “reduce the risk of human error and take away the tedious task of figuring out how each person on a user’s list are related to one another.” They are promising an experience that provides “a level of relationship prediction and specificity beyond anything currently on the market.”
So it sounds like if you are currently struggling with turning your DNA matches into genealogical discoveries, our testing companies want you to know you are not alone, and they are working hard to provide solutions to these problems. Time will only tell if they can succeed.
Diahan also provides answers to questions asked about this blog postannouncing updates to MyHeritage DNA matching technology and its new chromosome browser.
If you’re listening through the Genealogy Gems app, your bonus content for this episode is a marvelous soundtrack of silent film music, played live (you’ll hear audience laughter occasionally in the background) and supplied by Sam Gill at the Niles Essanay Silent Film Museum. TheGenealogy Gems app is FREE in Google Playand is only $2.99 for Windows, iPhone and iPad users.
GEM: INTRODUCTION TO SILENT FILMS
(Image above: a page from Lisa’s grandmother’s journal)
Genealogy Gems Podcast Episode #2 about transcribing family journals and letters was remastered inEpisode #134.
Niles Essanay Silent Film Museum: the website for this museum is packed with resources: links to Chaplin-Keaton-Lloyd film locations; the International Buster Keaton Society; Classic Images Magazine; a timeline and early history of film and more.
Films mentioned in this episode:
Diary of a Lost Girl starring Louise Brooks (watch trailer)
Shown here: Sam Gill and Lisa Cooke at the Niles Essanay Silent Film Museum on the day of this interview. Throughout their conversation, you hear the sounds of excited theater patrons filling the auditorium before a screening.
Sam Gill’s interest in silent film dates to 1966, when as a college student he traveled to Hollywood to interview his aging heroes from the silent screen comedy era. For more than 20 years, he was Archivist of the Academy of Motion Picture Arts and Science’s Margaret Herrick Library, where he established the Academy’s Special Collections and helped it grow to its current status as the preeminent repository for the study of American cinema. He is currently a Board Member of the Niles Essanay Silent Film Museum. Over the years, he has consulted on or otherwise contributed his expertise to numerous film festivals, museum film programs and film history books.
Sam recently sent us these delightful photos (below) of himself over the years:
(Image 1) 1966: His first trip to Hollywood
(Image 2) 1974: A news article about a research trip to Florida
(Image 3) 2017: A birthday party for Diana Serra Cary (Baby Peggy), the last surviving star of the silent screen, held at the Edison Theater of the Niles Essanay Silent Film Museum; also shown is Rena Kiehn, the museum’s publicity director and store manager
If you’re looking for a specific movie, start with a Google search with the name in quotations (and, if you like, anything else you know about it, such as an actor or director’s name or the year). You may find lots of results, including a Wikipedia page and film history write-ups, but if you want to WATCH it, limit your search results to Video.
You can also turn to free curated collections online, such as:
Netflix.com: Netflix subscribers can access the service’s little-known collection of silent films by entering the Netflix link for browsing its film categories and then the category specific to silent films, 53310:
Your local public library (search catalog: try searching for an actor’s name as author)
Ebay: May be the right place to purchase a hard-to-find title.Click hereto view current results for a search on silent films, filtered to include only movie/film items.
PRODUCTION CREDITS
Lisa Louise Cooke, Host and Producer
Sunny Morton, Editor
Diahan Southard, Your DNA Guide, Content Contributor
Hannah Fullerton, Production Assistant
Lacey Cooke, Service Manager
Disclosure: This document contains affiliate links and Genealogy Gems will be compensated if you make a purchase after clicking on these links (at no additional cost to you). Thank you for supporting this free podcast and blog!