Federal Land Patent

Federal Land Patent

Federal Land Patent

A patent can be described as a grant from an authorized government agency of a right, a privilege, or a grant to take certain action.

A land patent refers to a document issued by an authorized government agency conveying or granting to a person the title to a parcel of public domain land.

Federal Patents – The United States Department of the Interior

The United States Department of the Interior – Bureau of Land Management, is the administrator of the federal land patent records, and hosts an Internet site located at the following web address: glorecords.blm.gov.

The Bureau of Land Management web site provides the following description of its available records:

Federal land patent (s) offer researchers a source of information on the initial transfer of land titles from the federal government to individuals.
In addition to verifying title transfer, this information will allow the researcher to associate
an individual (Patentee, Assignee, Warrantee, Widow, or Heir) with
a specific location (legal land description) and time (issue date).
We have a variety of land patents on our site, including Cash Entry, Homestead, and Military Warrant patents.

1857 Federal Land Patent – Minnesota

One early federal land patent issued in 1857 with respect to real property located in Minnesota, provided as follows:

The United States of America: Certificate No. 11413
To All to whom these Presents shall come, Greeting,
WHEREAS, Anson Northup of Hennepin County, Minnesota Territory, has deposited in the General Land Office of The United States a Certificate of the Register of the Land Office at Minneapolis, whereby it appears that full payment has been made by the said Anson Northup, according to the provisions of the act of Congress of the 24th April 1820, entitled
“An act making further provisions for the sale of the Public Lands”,
for the Lot Ten of Section Twenty three in Township Twenty nine of Range Twenty four, in the District of Lands subject to sale at Minneapolis, Minnesota Territory containing Forty-Eight acres and Ten Hundredths of an acre, according to the official plat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, which said tract has been purchased by the said Anson Northup.
Now know ye, that the United States of America in consideration of the premises, and in conformity with the several acts of Congress in such case made and provided, have given and granted, and by these presents do give and grant unto the said Anson Northup and to his heirs, the said tract of land above described.
To have and to hold the same, together with all the rights, privileges, immunities and appurtenances of whatsoever nature thereunto belonging, unto the said Anson Northup, and to his heirs and assigns, forever.
In testimony whereof, I, Franklin Pierce President of the United States of America, have caused these Letters to be made patent, and the seal of the General Land Office to be hereunto affixed.
Given under my hand at the City of Washington, the Seventeenth Day of July in the year of our Lord, One Thousand Eight Hundred and Fifty Five, and of the Independence of the United States, the Seventy Ninth.
(seal) By the President, Franklin Pierce
By H.E. Baldwin, Asst. Secy. Jos. S. Wilson acting Recorder of the General Land Office
Recorded Vol. 1, Page 99 General Land Office July 6, 1857.
I, Thomas A. Hendricks, commissioner of the General Land Office do hereby certify that the annexed is a true and literal exemplification from the Patent Records in this office.
In Testimony whereof, I have hereunto subscribed my name and caused the seal of this office to be affixed, at the City of Washington on the day and year first above written.
(seal) Thos. A. Hendricks, Commissioner of the General Land Office.

Anson Northup, also known as Anson Northrup, had previously built the first hotel in the city of Stillwater, Minnesota – on the St. Croix River – and:

in 1850 built the Charles Hotel, located at Marshall Street and Sixth Avenue in St. Anthony, Minnesota, with accommodations for seventy-five guests; and
in 1853 built the Bushnell Hotel, which was the first brick building constructed in Minneapolis, Minnesota.

1904 Federal Patent – Aitkin County, Minnesota

One federal land patent issued in 1904 under the Homestead Act of 1862 with respect to real property located in Aitkin County, Minnesota, provided as follows:

United States of America to all whom these presents shall come, greeting:
Homestead Certificate No. 11413, Application 17106
WHEREAS, There has been deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at St. Cloud, Minnesota, whereby it appears that, pursuant to the Act of Congress approved 20th May 1862,
“to secure Homesteads to Actual Settlers on the Public Domain“
and the acts supplemental thereto, the claim of Ole Dahle has been established and duly consummated in conformity to law, for the [legal description], containing 54 acres and five hundredths of an acre, according to the Official Plat of the Survey of the said Land, returned to the General Land Office by the Surveyor General:
Now Know Ye that there is therefore granted by the United States unto the said Ole Dahle the tract of land above described, to have and to hold the said tract of Land, with the appurtenances thereof, unto the said Ole Dahle, and to his heirs and assigns forever.
In testimony whereof, I, Theodore Roosevelt, President of the United States of America, have caused these letters to be made Patent, and the seal of the General Land Office to be hereunto affixed.
Given under my hand, at the City Washington, the eight day of April, in the year of our Lord 1904, and of the independence of the United States the 128th.
By the president: T. Roosevelt, by ____________, Secretary, ___________, Recorder of the General Land Office.

Minnesota Land Patent – 1871

One of the early Minnesota land patents, issued in 1871 with respect to land previously granted to the State of Minnesota by the United States, provided as follows:

State of Minnesota Patent No. 849
The State of Minnesota Certificate No. 807
To James Cramand
To all to whom these Presents shall come Greeting.
Whereas by a Act of the Congress of the United States approved February 26th 1857 entitled
“An Act to enable the people of Minnesota Territory to form a Constitution and State Government, and for the admission of such State into the Union”
the Sections numbered Sixteen and Thirty six in every Township of the public lands of this State were granted to the said State of Minnesota for the use of Schools and whereas by the Constitution of this State such Sixteenth and Thirty Sixth Sections were accepted for such use; and
whereas it appears by the reports and records of the Commission of the State Land Office, that full payment was made by James Cramand of Hennepin County, in the State of Minnesota, on the fifth day of June A.D. 1871, according to the provisions of law for the following described tract of land, a part of the lands so granted to wit:
[legal description] containing one hundred and sixty acres, more or less according to Government Survey and situated in the County of Hennepin and State of Minnesota, according to the official plats of the Survey of the said Lands on file in the State Land Office as provided by Law which said tract has been purchased in pursuance of law by the said James Cramand.
Now Know Ye, That the State of Minnesota in consideration of the premises and in conformity with the several acts of the legislation of the State of Minnesota, in such case made and provided, have bargained, sold, granted and conveyed, and by these presents do bargain, sell, grant and convey unto the said James Cramand, and to his heirs and assigns, the said tract above described.
To have and to hold the same together with all the rights, privileges, immunities and appurtenances of whatsoever nature thereunto belonging unto the said James Cramand and to his heirs and assigns forever.
In Testimony Whereof, I, Horace Austin, Governor of the State of Minnesota have caused these letters to be made patent and the seal of the State Land Office to be affixed thereto, in the City of St. Paul, this second day of August in the year of our Lord one thousand eight hundred and seventy one and of the State the Fourteenth.
Horace Austin
Attest Chas. McGrath – Commissioner of the State Land Office (State Land Office Seal)

Federal Land Patent – Title Requirements in Minnesota

With respect to real property located in Minnesota, the Real Property Section of the Minnesota State Bar Association has issued guidelines relating to the acceptability of certain title matters – which it identifies as the Minnesota Title Standards.

The Minnesota Title Standards do not have same legal standing as Minnesota Statutes, although they are recognized throughout the state by many legal practitioners as establishing the acceptable requirements for marketable title in Minnesota.

Federal Land Patents – Minnesota Title Standard Number 13

Minnesota Title Standard Number 13 identifies that:

The recording of a federal land patent or a certified copy thereof is necessary in all cases except as to a title founded upon a congressional grant which by its terms does not require a patent.

Congressional grants were often made to railroad corporations, or to the various states.

Minnesota Title Standard Number 13 also identifies that:

A patent from the State of Minnesota raises no presumption that the state ever owned the land covered by its patent.

Therefore, it would be necessary to verify that a prior congressional grant with respect to such lands was also of record.

The cited judicial authority for Minnesota Title Standard Number 13 is to be found in two Minnesota Supreme Court decisions issued prior to 1900:

Butler v. Drake, 62 Minn. 229, 64 N.W. 559 (1895);

and

Musser v. McRae, 38 Minn. 409, 38 N.W. 103 (1888).

Gary C. Dahle – Attorney at Law – Real Estate

2704 Mounds View Blvd., Mounds View, MN 55112

Phone: 763-780-8390 Fax: 763-780-1735

gary@dahlelaw.com

——— Gary C. Dahle Attorney at Law ———

Federal Land Patent

Federal Patents – The United States Department of the Interior

1857 Federal Land Patent – Minnesota

1904 Federal Patent – Aitkin County, Minnesota

Minnesota Land Patent – 1871

Federal Land Patent – Title Requirements in Minnesota

Federal Land Patents – Minnesota Title Standard Number 13