Patent, PLSS Definition

A land patent is the federal government's deed — the instrument by which the United States conveyed ownership of public domain land to a private party for the first time. Before a patent was issued, the land belonged to the federal government. After the patent, it entered private ownership and has been subject to normal property law ever since.

Patents were issued under a variety of federal land laws depending on the era and the circumstances. The most common were Homestead Act patents (free to qualifying settlers after five years of residency and improvement), cash sale patents (land sold at public auction or private entry), and military bounty land warrants (issued to veterans of various wars). Other patent types include swamp land patents, railroad land grants, and timber-and-stone patents. Each type has its own legal requirements and historical record.

Every patent includes a legal description in PLSS format identifying exactly which land was conveyed. The patent references the survey plat that defines the boundaries, the name of the original patentee, the date of issuance, the signature of the President or the Commissioner of the General Land Office, and the land law under which it was granted. The BLM General Land Office Records website (glorecords.blm.gov) has digitized most federal land patents and makes them searchable by state, county, name, and land description.

Patents are the ultimate source document for a chain of title. In PLSS states, every parcel of formerly public land traces back to a federal patent. Title examiners, genealogists, historians, and land professionals regularly consult patent records to establish the origin of title and to verify the original legal description against current deed records. The patent description controls over later deeds when conflicts arise.