Patenting is the system of land appropriation used in Kentucky to transfer land from the Commonwealth to a group or an individual. All deeds trace back to an original patent on record in the Kentucky Land Office. There are 4 steps to patenting:
1. The Warrant (syn. Certificate,
Order)
This document authorizes a survey to be made. It does
not specify the exact location of the land. County Court Orders
(Warrants) are to be used within the issuing county. Warrants can be
traded, sold, or reassigned, in whole or part, anytime during the patenting
process. The researcher needs to examine both sides of the warrants as
assignments are recorded on the back.
2. The Entry
This is sometimes considered a patent, but it is merely the
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
lan, the type of warrant authorizing the survey, and the date the intention is
declared. Entries are not binding and may be altered or
withdrawn.
3. The Survey (syn. Plat, Survey
Certificate)
This is the actual laying off of the land. 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 closest watercourse, in
most instances. Surveys, like warrants, can 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.
4. The Grant (syn. Patent Deed,
Patent)
The issuance of the Governor's Grant finalizes the land
patenting process. 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 upon each county clerk, as
well as county historical agencies, to ensure all records of land transactions
within their area are secured and properly preserved.
Grant Series
Virginia Series
Includes grants completed before 1792. In some
instances, the researcher will have to obtain copies of the Warrant and Survey
from the Virginia Series, then copy the Grant from the Old Kentucky
Series. Some of these were authorized by military warrants.
Old Kentucky Series
These grants were issued after 1792, some of them being
military
South of Green River Series
A 1795 Act of the General Assembly opened the former
Military District ot settlers meeting certain requirements: they had to be 21
or older, resident on the property in question for 1 year, and an improvement
such as cabin or planting a crop had to be done. These patents are also
known as "Headrights Claims".
Warrants for Headrights
Only 55 patents were filed under this series. To date,
it is not known why this grouping was not filed under one of the major
series.
Tellico Series
This area of Kentucky was purchased from the Cherokee
Indians in 1805 and opened up for patenting in 1810. Confirmed residents
of the area (6 or more months) wee entitled to warrants of 100-200 acres at
$40.00 per hundred. In 1831, the cost was reduced to $5.00 per 100
acres. This land is in southeastern KY, with very few
exceptions.
Kentucky Land Warrant Series
This was the result of a combination of the Old Kentucky
Series, South of Green River Series, and the Tellico Series in 1815.
These warrants were simply purchased in Frankfort and also warrants issued to
poor widows under the Act of 1820 as well as warrants issued by the General
Assembly to trustees and commissioners overseeing educational institutions,
building roads, or constructing bridges. Again, read the warrant to
determine why it was authorized.
West of Tennessee River Military
Claims
In 1818, land west of the Tennessee River, now known as the
Jackson Purchase, was ceded to the United States by the Chickasaw
Indians. At this time, there were many Revolutionary War veterans in that
area and in 1820 the Kentucky General Assembly passed legislation directly
affecting the newly acquired territory. Veterans were advised to apply
for patents on their lands as soon as possible. If you are unable to
locate your soldier in the Virginia or Old Kentucky Series, we suggest you
study this grouping before deciding he did not use his warrant.
West of Tennessee River Series
(Non-Military)
In 1821, lands which were not patented by the veterans were
ordered sold at public auction. Documents available for research include
the receipt showing amount paid and the grant finalizing the patent.
South of Walker's Line Series
Due to surveying error, the Kentucky Land Office became
responsible for patenting land in a small northern area of Tennessee north of
the parallel 36 degrees and 30 minutes. The series includes 4, 327
patents issued by Kentucky for lands in Tennessee.
County Court Order Series
All series of land patents were combined into one by the
1835 Act of the General Assembly establishing the county Court Order
system. The counties sold warrants for unappropriated land within their
boundaries at the rate of $5.00 per 100 acres. Later legislation set the
maximum acreage at 200 acres per warrant. Under the authorization of the
warrant, the county surveyor completes the survey. The warrant and survey
are then sent to Frankfort where the grant is issued.
Some Points To Remember
The only military warrants recognized in the Kentucky Land
Grant system were for service in the French & Indian War and the
Revolutionary War (by Virginia soldiers). NO military warrants were used
in Kentucky land patents for service in the War of 1812 or later
wars.
Follow the patent through step by step, first the warrant, entry if available, survey, and then the grant. This will help place the order of the transaction, particularly when numerous assignments have been made. Remember, warrants and surveys could be traded, sold, or reassigned anytime during the patenting process. Study both sides of each document to trace the order of assignments
All original records of Kentucky Land Grants are housed with the Office of Secretary of State in Frankfort. You can inspect these documents during regular business days, Mon-Fri, 8am to 4:30pm.
For further information, contact the Land
Office, Secretary of State, Capitol Building, Frankfort, Kentucky
40601
(502)564-3490
This information was paraphrased from an article entitled
"The Kentucky Land Grant System" written by Kandie Adkinson,
Administrative Specialist, Land Office of the Secretary of State.
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