How to Obtain a Land Patent
Land patents are the legal documents federal and state governments use to transfer ownership of tracts of land from the government to private individuals or organizations. Land patents were used extensively during the Colonial era and the westward expansion of settlements in the United States. While a land patent confers ownership, it is not a title. Rather, the land patent grants the legal right to obtain title to the tract of land. As a property owner, you should obtain a land patent because it is definitive legal proof of your ownership of your land.
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Things You'll Need
- Warranty deed
- County plot map
- Quitclaim deed(s)/other documents (if any)
Instructions
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Request two certified copies of the warranty deed from your County Clerk's office. In cases where you have a quitclaim deed or assignment (for example, because you inherited the land) obtain certified copies of all such documents to create a chain of ownership record back to the last warranty deed.
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Obtain certified copies of the land description (usually the county plot map) from your county land office. In some cases where the plot map is old, you may need to hire a surveyor to create a land description in the proper format.
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Take these documents to your lawyer and verify they are in Section, Township and Range format (STRf). Documents must be in STRf for you to obtain a land patent. Your lawyer can have the documents prepared in STRf, if necessary.
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Take all your documentation to a regional office of the U.S. Bureau of Land Management (BLM) and request two certified copies of the land patent. The BLM maintains an online list of regional offices (see References below).
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Take the land patent and other documentation to your lawyer and have him/her prepare a properly formatted document packet (called a sandwich). File the land patent sandwich with your County Clerk's office.
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Tips & Warnings
Have at least two complete sets of certified documents prepared and store them in separate locations to safeguard against damage or loss.
References
Resources
- Photo Credit band of land image by Chris Holmes from Fotolia.com
