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.
VIDEO & SHOW NOTES: Video #5 of our 25 Websites for Genealogy YouTube Playlist. In this video, my guest presenter Gena Philibert-Ortega covers Library and Archive websites that are must-haves for family history research. You’ll find plenty of genealogy gems waiting for free at websites #23 through 25 in our list.
Websites 23 through 25 of our 25 Websites for Genealogy
Some of these websites will be new to you, and others are going to be very familiar to you. In talking about the familiar websites, I want to get you thinking about them differently, explain a little bit more about what you can do at these websites, and how to get the most out of them.
In this series of 25 Websites for Genealogy, we’re going to be looking at websites in different categories. Our third category is Library and Archive websites (#23 through 25).
WorldCat.org is a free website that provides access through its card catalog to millions of materials from libraries around the world. You’ll find items such as:
United States Civil War and other military records
Family Bibles, church histories, and records
Publications such as directories, handbooks, and magazines
Birth, marriage, death, wills, and obituary indexes
Microfilmed genealogy and local history collections
This lesser-known free website can help you locate old documents and manuscript items available in over 1,500 different archival collections. ArchiveGrid currently includes close to 5 million archival item entries!
ArchiveGrid is a companion website to WorldCat, the free online catalog of millions of library items from thousands of libraries. The difference is that ArchiveGrid focuses not on published items but (generally-speaking) on unpublished ones.
The National Archives website and online catalog can be a bit mystifying. If you’ve ever tried to search it and wound up frustrated, you’re not alone. This is often the case because the nature of the archives and the search function of the online Catalog are not genealogically focused. Armed with an understanding of how and why it is set up the way it is, and the know-how to search, refine, and download documents, you’ll be ready to add it to your genealogy toolkit.
When you’re working on our genealogy, you’ve got data and records coming from all directions: websites, interviews, archives, downloadable documents, and more. Some of it you’re actively working on, some of it you need to save for later, and the rest has already been analyzed and is ready for archiving. This variety of data requires a variety of storage locations.
Watch episode 71
In this week’s special episode of Elevenses with Lisa (episode 71) I’m going to share with you my genealogy data workflow. We’ll talk about how it all fits together to ensure an uncluttered desk and the ability to instantly put my hands on what I need when I need it. If that sounds like something that you need help with, please join me this week.
Three ways to watch: 1. Video Player (Live) – Watch live at the appointed time in the video player above. 2. On YouTube (Live) – Click the Watch on YouTube button to watch live at the appointed time at the Genealogy Gems YouTube channel. Log into YouTube with your free Google account to participate in the live chat. 3. Video Player above (Replay) – Available immediately after the live premiere and chat.
Episode 71 Show Notes
Barbara left a comment saying she found our recent videos that we called How Alice the Genealogist Avoids the Rabbit Hole helpful (episode 68 and episode 69), but she did had a question about Evernote. She asks, “Once you have processed (the genealogy record) and extracted the information you need, do you remove them from Evernote and place them in your digital genealogy filing system? I get a bit confused in thinking about what the other purposes of Evernote might be. Wouldn’t I just save my documents, newspaper clippings, etc. to my digital files on the hard drive and also to my Google Drive folders? Is there any need to also have them in Evernote?”
This is a great question, and I think the best way to answer it is to talk about my entire genealogy workflow in which programs like Evernote play a part.
It really helps to have a consistent way to capture and find what you’re actively working on. My workflow works great for me, but its just one way. Follow along with me and see if this might be a flow that will work for you.
The Genealogy Data Flow
Let’s start off with an overview of my workflow. And there are really 5 major workstations, if you will, that your data flows through. Some of these we’ve discussed previously here and also in several Premium Member videos:
Active Genealogy Work
This is the stuff we are working on currently. I several different tools to capture and work on these items: Evernote, genealogy website subscriptions, “pending” folders on my computer, pending tabs in my 3 ring notebooks and physical pending box on my desk. We discussed this in Elevenses with Lisaepisode 7.
Conclusions added to Master Genealogy Database (Software on your computer)
Archival Digital Storage (your computer.) See episode 8 (Digital Archiving) You can certainly keep archival items in Evernote as well.
Archival Paper Storage (your binders.) See episode 6(Paper Archiving)
Cloud backup. I use Backblaze at https://www.backblaze.com/lisa (affiliate link – thank you for your support of our free content)
Incoming Genealogy Sources
Not everything I find while researching is ready to be archived the moment I find it. Some items are actively being found and worked with such as:
Items I’m exploring for the potential application to my current research project
Items pending analysis
Unproven items
Items playing a role in a bigger research question that I want all together for now.
Bright Shiny Objects (BSOs) – stuff I found along the way that doesn’t relate to my current research goals
Not everything is captured on my computer. Many items (photos, audio and video records, typed notes) are captured on my phone and my iPad. So, I need an easy way to funnel everything back to one active workspace. A cloud-based notetaking service allows me to do this because it’s available as software on my computer and an app on my mobile devices. All synchronize through my account on the cloud. I use Evernote (affiliate link – thank you for your support of our free content) so I’ll refer to that, but there are others out there like OneNote, and Google Keep. (Learn more about how to user Evernote in episode 70.)
Evernote allows me to:
Capture and hold items
search and retrieve more effectively than on my computer thanks to OCR (subscription)
work my genealogy research plan
easily collaborate with another researcher by sharing a single link
Store and share media such as audio and video recordings
OK, so does everything go straight into Evernote? The answer is no. So let’s take a look at what happens to a digital item when I get it. I’m going to call it data, but it could be a downloaded genealogy record, a web clipping from a website, a photo of a gravesite I took with my phone, or anything else that includes information I want to use.
Working Your Genealogy Research Plan
When we work our genealogy research plan, we will inevitably locate documents. Typically, these are digital, but sometimes we find a physical document and make a digital copy of it.
Before a digital item is deemed relevant and ready to archive, we have a lot of work to do. We need to evaluate and analyze the document to determine its value and its possible application to our family history. If deemed reliable and applicable, we then need to extract the data and enter it into our family tree software. We may also decide to add some or all of the information to other places such as our online tree if we have one.
Many times, all of this work can’t happen in one sitting. We may need to be able to review and work with the item several times before we’re finished with it. I call this “processing” the document.
Even after its processed, we may still need the item nearby for reference as we work our research plan in the hopes of reaching our goal. At this stage, I consider this item to be “Active.” The opposite of that would be items I consider to be “Archived.” An archived item has been fully utilized and is no longer playing an active role in my research plan. That’s not to say I may not need to reference it again in the future, which is why it must be archived where I can retrieve it. The point is that the item is not relevant to my current active research. For example, perhaps it pertains to my mother’s side of the family and right now I’m working on my father’s side of the family.
My active digital items are typically added to Evernote, which I consider to be my Active workspace. It is not my archival space. However, this is not to say that you can’t store everything in Evernote forever if that’s what you want to do. You certainly could. I’ve given this a lot of thought and there are a few reasons why I don’t store everything in Evernote.
The main reason I don’t store everything in Evernote is that I’m a firm believer in retaining control of my data. If we store everything on a website or in a cloud service (which Evernote is), they (or their hosting provider) could pull the plug tomorrow and it would all be gone. I certainly don’t think that would happen overnight, although there are real cases of that happening. But I don’t want to take the risk, and I don’t want to have to scramble in a panic to move a mountain of data because I’ve been given a 30 day notice that a service is ending or has been sold to another company. (And let’s not even think about the possibility that the email notification of that happening went to my Spam folder!)
In order to retain control of my family history data, my long-term data storage needs to be within my control: my computer, external hard drives (both backed up with Backblaze) and paper print outs. That being said, when it comes to my active research project, I’m willing to trade the risk for the speed and convenience of using an online tool or service such as Evernote. My active research is a small fraction of my total research, most of which has been archived on my computer.
So, when I first find an item, I have a decision to make: where am I going to put it? Will I save it to my computer or to Evernote? It depends on what it is.
Items I save to Evernote:
Items needing OCR to be most useful. Examples: Newspaper articles, web clippings
Items created with my phone or tablet. Examples: Photos of gravesites and documents, interview audio recordings, videos of research trips
Items needing analysis before confirmed as pertaining to my family. Examples: Record downloaded from a genealogy website. I want these in Evernote because everything is together in one place. Tags and the search feature allow me to instantly retrieve any combination of records I need at any given time for cross reference. And if I need to share any or all of the items with another researcher it’s easy to do with just one share link. A cloud notetaking service make working your research plan much easier. (Premium Members watch my video class Collaborative Genealogy with Evernote.
Example:Items pertains to my family but not part of my current research project.
Downloaded genealogy records I don’t have time to process right now.
All items are tagged with relevant information to make them quick and easy to find in addition to keyword searching.
Items I save to my computer hard drive:
Items to I want to keep that have been processed.
Digital scans of visual items. Examples: Family Photos, old postcards
Large files created on my computer (audio, video).
I have a solid system for organizing my folders and file on my computer so it’s quick and easy to find them. If you’re a Premium Member you can watch my step-by-step classes on how to set that up for yourself on my website GenealogyGems.com.
The bottom line is that whenever I need to find something for my active research project I’m going to search my notetaking service first, and then my computer hard drive.
Archiving Processed Items
Once I reach my research goal and I’m done actively using those sources, I’m ready to archive them. I could just leave everything in Evernote, but I want to make sure that all genealogical documents that I referenced as a source in my master database, are archived on my computer for long-term storage that I control, and that is being automatically backed up.
An important thing to understand about Evernote is that you can’t just download everything with one click in its original file format. However, you can save individual digitized items in your note, such as genealogical records, to your hard drive. Since there is no lifetime storage limit, I leave the note intact in Evernote, and I save the image to my computer hard drive. Save the image by right-clicking on it (in Windows, & I think it is Command click on a Mac) select Save As and save it to the appropriate archival folder. I do this at the end of the research project. Now you may feel like your “research project” never ends! But I’m referring to a genealogy research plan.
How to save a document image to your hard drive from Evernote.
You can learn how to create one in Evernote by watching my Premium video class Using Evernote to Create a Research Plan. (Premium membership required.) Of course, after I’ve answered my research question I quickly develop the next one and build a plan around it. So, you’re right, it never actually ends – thank goodness!
How Do I Find It Later?
My software database is the brain of my genealogy operations. I may have family tree information on various genealogy websites, on my computer, in Evernote and maybe even on my own family history website. But my database is the final word on what I have found and believe to be accurate. As I draw conclusions and add data to my family tree in my database, I cite my source. Therefore, everything I need to know about my tree is in one location I control on my own computer. If someone asks me a question about someone in my family tree, I can quickly look up the information and also see where I got it (the source).
“Your genealogy database software is the brain of the organization.” Lisa Louise Cooke
When I want to refer back to one of those sources I would look in one of three places:
My computer archival digital files (especially if it’s not part of my active research plan). This is easy to do because I know my folder system well, and it guides me. I’ve never lost anything yet!
Evernote (particularly if the source is part of my current research plan.)
The surname binder (if my citation tells me or I suspect it would be an archived piece of paper.)
Because I stick to my system, I usually instinctively know where to look. And because of they way each is set up, I can find things FAST!
Final Thoughts
Of course there are always exceptions to any rule, and there may be an item or situation that doesn’t fall perfectly neatly into a category or activity. Use your own best judgement on how to handle those. OCR search capability and great systems for digital and paper items will make it possible to find what you need when you need it. And most importantly, you’ll retain control over your family history legacy.
Be sure to share your Evernote credentials in a secure place and share them with a trusted relative so that the account can be passed on in the future. Learn more about protecting your legacy by watching my video class Saving Your Research from Destruction. (Premium membership required.)
