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.

how to find and use land records for genealogy

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 familysearch

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!

Land grants and land patents

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.

John Rodes L. Ds. Image courtesy of MyHeritage.

“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 courthouse records wills probate records genealogy courthouse research tips genealogists

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.

How to find land patents

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.

(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.

National Archives Thief Sentenced to 7 Years

Press Release from the National Archives:

Barry Landau Sentenced to 7 Years for Thefts From National Archives, Other Institutions

Washington, DC . . . U.S. District Judge Catherine C. Blake yesterday sentenced Barry H. Landau to seven years in prison, and three years of supervised release, for conspiracy and theft of historical documents from cultural institutions in four states, including the Franklin D. Roosevelt Presidential Library in Hyde Park, New York.

The items stolen from the Roosevelt Library, which is part of the National Archives and Records Administration, were seven “reading copies” of speeches that Roosevelt delivered. They contained his edits and handwritten additions, along with his signature. They have all been recovered.

Landau’s co-conspirator, Jason Savedoff, will be sentenced at a later date.

Archivist of the United States David S. Ferriero said he was pleased that Judge Blake “recognized the seriousness of this crime and meted out an appropriate punishment that will serve as a warning to others who may contemplate stealing our nation’s history.”

“There is a very special bond that forms between researchers and research institutions. It’s kind of like an insider’s club. We speak the same language, share the same interests, explore the same minute details of historical knowledge that will eventually fill in the fabric of our shared history as a nation,” the Archivist added.

“When a researcher turns out to be a thief and steals the documents that are the very underpinnings of our democracy, our trust and respect for the community is shaken. Barry Landau is just that thief. Dressed in the guise of a scholar, he ingratiated himself with our staff and stole priceless documents from the Franklin Roosevelt Library. In essence he robbed from all of us—our collective history. And he did far worse damage to numerous other research institutions around the country.”

The Archivist said that because of incidents such as those involving Landau, the National Archives and other research institutions around the world have become more vigilant over the last few decades. They have instituted a number of measures aimed at preventing theft, such as closed-circuit cameras, clean research room rules, exit searches, and increased staff surveillance.

“When a theft does occur, we rely on the Office of the Inspector General and the Justice Department to build a case and bring the perpetrator to justice,” he added. “I want to thank them for their hard work.”

Lynn Bassanese, Acting Director of the Roosevelt Library, recalled that when Roosevelt dedicated his library on June 30, 1941, he declared it an “act of faith” in the American people.

“Barry Landau and Jason Savedoff violated that faith by taking advantage of the trust and confidence that the Roosevelt Library’s staff has for its researchers,” she said.”With the successful return of the stolen documents, the Roosevelt Library renews its commitment to protect and preserve the records of the Roosevelt Presidency and to make them accessible to the American people for generations to come.”

According to Landau’s plea agreement, the “reading copies” of Roosevelt’s speeches were stolen when he and Savedoff visited the Roosevelt Library on December 2, 2010.

“Reading copies” are the actual copies of the speeches from which the President read. They contain edits and handwritten additions made by him and bear his signature.

Four of these “reading copies” of speeches were sold by Landau on December 20, 2010, to a collector for $35,000. Three other “reading copies” of inaugural addresses delivered by Roosevelt, valued at more than $100,000 each, were recovered from Landau’s apartment in New York City during court-authorized searches, including the water-stained reading copy of the inaugural address Roosevelt delivered in a steady rain in 1937.

Judge Blake also ordered Landau to pay restitution totaling $46,525 to three dealers who purchased the stolen documents from Landau, not knowing they were stolen. She also ordered Landau to forfeit all the documents recovered during searches of his New York apartment.

The National Archives and Records Administration is an independent Federal agency that preserves and shares with the public records that trace the story of our nation, government, and the American people.

NEW! Try this now! U.S. Social Security Applications and Claims Index

Ancestry Publishes U.S., Social Security Applications and Claims Index, 1936-2007

The new U.S. Social Security Applications and Claims Index 1936 – 2007 is a critical update to our ability to access information in U.S. Social Security applications, and perfect companion to the SSDI.

“This database picks up where the Social Security Death Index (SSDI) leaves off by providing more details than those included in the SSDI,” says the database description. “It includes information filed with the Social Security Administration through the application or claims process, including valuable details such as birth date, birth place, and parents’ names. While you will not find everybody who is listed in the SSDI in this database, data has been extracted for more than 49 million people.” Some data will not appear for newer records; click here to read more about it and access the index.

Let’s take a look at the difference between the SSDI and the U.S. Social Security Applications and Claims Index. (Click here to read a great article by the Legal Genealogist about the limitations of the SSDI.)

First a search on Charles A. Burkett in the SSDI:

Social Security Death Index SSDI

As you can see, the information is fairly limited. And there’s something else very important missing here. In the Suggested Records list on the right, the new U.S. Social Security Applications and Claims Index is not listed. This is an important reminder that we must not rely solely on the bread crumb trails on any genealogy website to lead us to all online available records.

Now I’ll search for him in the U.S. Social Security Applications and Claims Index:

U.S. Social Security Applications and Claims Index

And now I have his mother’s and father’s names!

Check back tomorrow (and every Friday) here at the Genealogy Gems blog for our full list of new and updated records from around the web.

 

Genealogy Gems Podcast Episode 259 Special Christmas Episode

A Cup of Christmas Tea with Best-Selling Author Tom Hegg

(This post includes affiliate links. If you decide to make a purchase we will be compensated at no additional cost to you. Thank you for your support!) 
“A Cup of Christmas Tea” New York Timesbest-selling author Tom Hegg joins me for an inspiring conversation about this story of the importance of touching base with our fellow man. It’s a message we can benefit from any time of year. It’s also a wonderful reminder of the importance of family and how our older family members hold a piece of our own history in them.
 
 
Cup of Christmas Tea with Tom Hegg

Get your copy of A Cup of Christmas Tea here.

Listen to Genealogy Gems Podcast Episode 259

In this special audio version of the interview, listen to Tom recite this wonderful story A Cup of Christmas Tea set to beautiful music. You’ll also hear him recite the children’s classic Peef the Christmas Bear.  To Listen click the media player below (AUDIO ONLY):

Watch the Original Video

This audio comes from my YouTube video series Elevenses with Lisa. You can watch the video interview at the Elevenses with Lisa episode 38 show notes page.

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Music: FairyTale Waltz by Kevin MacLeod is licensed under a Creative Commons Attribution 4.0 license. https://creativecommons.org/licenses/by/4.0/ Source: http://incompetech.com/music/royalty-free/index.html?isrc=USUAN1100232 Artist: http://incompetech.com/
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