Arkansas Land and Property
HistoryWhen the United States organized the Missouri Territory in 1812, it agreed to recognize the private land grants previously issued by Spain and Mexico. Most of these are in Arkansas and Desha Counties. A preemption law of 1814 gave those already living on the land the first right to claim the land. Private land claims commissions were established to process these claims. Private claims to 1837 in the American State Papers are indexed in:
- McMullin, Phillip W. Grassroots of America. Salt Lake City, Utah: Gendex Corp., 1972. FHL Book 973 R2ag, Fiche 6051323.
Another helpful publication is:
- First Settlers of the Missouri Territory, 2 vols. Nacogdoches, Texas: Ericson Books, 1983. 977.8 R2f.) Volume l has the grants from the American State Papers, class 8, public lands. Volume 2 has the grants in the present states of Missouri, Arkansas, and Oklahoma.
Indian Tribes--As the various Indian tribes were removed from the area, their land became the public domain. The land was surveyed and sold by the United States government through land offices, in a process called land-entry. The first general land offices were established in 1818. Records of the land offices are located in the Arkansas State Land Commission Office.
Patents--The patent records are located at the Bureau of Land Management, Eastern States Office.The Bureau of Land Management has an online index to land patents in Arkansas at http://www.glorecords.blm.gov/ . The patent search may also provide a digital image of the original patent.
Land-entry Case Files--The land-entry case files and applications of those who settled in Arkansas after the Homestead Act of 1862 are in the National Archives. All of the above files are arranged according to legal descriptions of the land.
Land Tract Books--The Family History Library has the land tract books and original survey plats on microfilm. The Bureau of Land Management has digital images of the original survey plats for Arkansas at http://www.glorecords.blm.gov/ . The original survey creates land boundaries and marks them for the first time.
Subsequent transfers of land between private owners were recorded by the clerk of the circuit or county court. Some counties have two courthouses where the documents could have been filed. The Family History Library has microfilm copies of most of the county deeds and indexes.