Genealogy Forum NEWS
February, 1999
Kentucky Land Grants
The Kentucky Land Grant System - Part I
Submitted by VKeith3711@AOL.com
used by permission of the author
This was sent to me by the KY Land Office Staff many years ago when I was first researching grants, and I refer to it all the time.
Saddlebag Notes. Technical Leaflet. "The Circuit Rider." Historical Confederation of Kentucky. Vol. 13, No 3: May/June 1990
THE KENTUCKY LAND GRANT SYSTEM by Kandie Adkinson, Administrative Specialist, Land Office of the Secretary of State.
Are you tired of wandering through a maze of county deeds and puzzling over county formation dates in order to research early land transactions, only to find out your ancestor received a Kentucky Land Grant? Are you certain your ancestor (who did not serve in the Revolutionary War) did not obtain a land patent? A few minutes with the proper publications could possibly end your research frustrations and save you hours---even years---of valuable research time.
Highlights in Land Grant History
Under the King's Proclamation of 1763, the British Government declared land would be awarded to veterans of the French & Indian War in lieu of cash. Land grants authorized by these military warrants can be found in the Virginia and Old Kentucky Land Grant Series. Names of soldiers receiving warrants for service in the French & Indian War are included in Philip Fall Taylor's publication entitled A Calendar of the Warrants for Land in Kentucky Granted for Service in the French & Indian War, published by the Genealogical Publishing Co., Baltimore, MD, copyright 1967, and available in the Kentucky Historical Society Library.
After the Revolutionary War, Virginia continued and expanded the land grant system through its Land Law of 1779. Kentucky, in turn, reaffirmed the system after separation from Virginia with the Kentucky Act of 1796. The land grant system is still in use today as a method of appropriating Kentucky land. Structurally, the process has changed very little since its inception. Administrative duties have shifted, but since 1934 all original land records have been the responsibility of the Secretary of State's office.
What is a Land Patent?
"Patenting" refers to the system of land appropriation used in Kentucky to transfer land from the Commonwealth to an individual or group of individuals. All deeds trace back to an original patent recorded in the Kentucky Land Office. Land patenting consists of four steps, all of which must be completed before title is granted.
Step #1: The Warrant (syn. Certificate, Order)
This document authorizes a survey to be made. It does not specify the exact location of the land, although Revolutionary War Warrants were supposed to be used in the Military District located South of Green River---there are some exceptions. Present-day County Court Orders (Warrants) are to be used within the county in which they are issued.
A count of Virginia & Old Kentucky Patents, labeled "Military" by Kentucky Historical Society researchers, reveals that only 11 percent of all patents in both series were awarded for military service. The remainder were authorized by such warrants as settlement certificates; preemption claims; treasury, importation or village rights warrants; and special Acts of the General Assembly, such as "for the relief of poor persons," "for surveying," and for seminary funding. It is imperative that the researcher study the type of warrant authorizing the patent in order to understand why the patent was issued.
It should also be added that warrants can be traded, sold, or reassigned, in whole or in part, anytime during the patenting process. We strongly advise researchers to examine both sides of warrants when studying the patenting process because assignments are recorded on the "back."
Step #2: The Entry
This record is often considered a patent in itself when, in actuality, it is merely an intention to file for a patent. The surveyor records in his entry book the name of the person wishing to reserve for patenting a particular piece of land, the type of warrant authorizing the survey, and the date the intention is declared. Entries are not binding and may be altered or withdrawn if an individual so desires. Jillson's Old Kentucky Entries and Deeds lists entries in early Jefferson, Lincoln, and Fayette counties as well as the Military District. The originals of those records, with the exception of the Jefferson County Entry Books housed at the Jefferson County Archives in Louisville, are stored in the Land Office in Frankfort. Subsequent surveyor entry books are housed on the county level. The passage of time has resulted, at best, in a scattered availability of those records.
Step #3: The Survey (syn. Plat, Survey Certificate)
The next stage in land patenting is the preparation of the Survey depicting the tract and describing metes and bounds. In a statement prepared by the county surveyor, the name of the person having the survey made is given as well as the type of warrant authorizing the survey. Any assignments that have already occurred are also mentioned. The county is recorded as well as the name of the closest watercourse, in most instances. Points such as trees, "bear wallows," and schoolhouses were accepted in the survey description; surveyors today use more modern methods of measuring distance and bearing. (The only area in Kentucky that meets federal surveying guidelines, that is, sections, townships, ranges, etc., is the Jackson Purchase mapped in 1820). Surveys, like warrants, can also be traded, sold, or reassigned, so it is imperative the researcher study both sides of the document to determine if a transfer was made after the Survey and before the Grant was issued.
The name of the county surveyor, or his deputy, is given at the end of the survey description, generally in the right column. The names of the surveying party are recorded in the left column; the list most generally included chain carriers, markers, and housekeepers.
Step #4: The Grant (syn. Patent Deed, Patent)
The issuance of the Governor's Grant finalizes the land patenting process. Easily recognized by the governor's name in the heading, this document states the name of the land recipient as well as the other assignees involved in the patent. Also included is the date of survey, the type of warrant used, the metes and bounds description, the date of grant issuance and the governor's signature. The original record (grant) is mailed to the land recipient and a copy is entered in the Land Office Grant Book. Sales of the property then become a county responsibility and are known as "deeds." Deeds are not registered in Frankfort; therefore it is incumbent on each county clerk, as well as county historical agencies, to ensure all records of land transactions within their area are secured and properly preserved.
There are two other terms associated with land-patenting that need to be included in our study of the patent system. Kentucky is known as a "state- land-state" meaning that the Kentucky government has assumed the responsibility for land appropriation within our borders. Other state-land-states include the thirteen original colonies as well as Maine, Tennessee, Texas, Vermont, West Virginia, and Hawaii. The remaining states are in "public domain" meaning the federal government acts as the appropriating agency.
(Continued...part 2: How Are Land Grants Filed?)
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