When Missouri Territory, encompassing the present state of Arkansas, was established in 1812, the United States government agreed to acknowledge private land previously granted by Spain and Mexico. Two grants were also awarded to previous French claims.
The largest percentage of Spanish and Mexican grants were located in the present-day counties of Arkansas and Desha. Preemption rights were acknowledged in 1814, and private land claims were heard by land commissions. Spanish control of land was loose, and many officials and landowners failed to comply with regulations, resulting in continuous claim problems, some extending for forty years after statehood. At times, no surveys were conducted for these grants. Frequently forgeries were made of the governor's signature on land grants, resulting in a high percentage of fraudulent claims. Early Spanish land claims and the original tract book are available at the National Archives and the FHL.
A French measurement term used in some Spanish grants is “arpents”; one arpent is a little more than four-fifths of an acre. Most early land grants to heads of household were for parcels of 800 arpents, or approximately sixty-eight acres. An additional parcel of fifty arpents or about forty-two acres was awarded for each child.
Between 1803 and 1836, Native Americans were forced to cede their lands in Arkansas and move west. As the federal government acquired land, it was made available for settlement. Territorial land transactions began in 1803 for the Arkansas District (part of Louisiana Territory until 1812 when the district became part of Missouri Territory) and in 1819, when it became Arkansas Territory. First Settlers of the Missouri Territory, 2 vols. (Nacogdoches, Tex.: Ericson Books, 1983), lists early land grants in Arkansas. Originally negotiated by William Lovely as cession land, Lovely Purchase Donation Claims generated from the private sale of land for the present-day area of northwest Arkansas are grouped and microfilmed along with disputed Spanish land claims and the original tract book. Bounty land for War of 1812 service was distributed by lottery.
The first land office was established in 1818 with the GLO ordering a survey of sixty townships. The first survey was finished in 1819, but no land was actually sold until 1821. Land offices opened at Arkansas Post and Davidsonville in 1820 were soon moved to Little Rock and Batesville, respectively.
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In 1832 Congress divided the territory into four land districts. Two additional land offices were then opened at Fayetteville and Washington. Increased demand for land led to additional offices at Helena and Clarksville before 1840, followed by Champagnole before 1850 and Huntsville in the next decade. New land offices appeared by 1870 at Camden, Dardanelle, and Harrison. But, between 1880 and 1900 the only land offices open in all of Arkansas were those located in Camden, Dardanelle, Harrison, and Little Rock. The latter remained open until 1933.
After the initial acquisition, all subsequent land transfers are recorded at the county seat through the county clerk's office.
Excerpts From the Book "Family History Made Easy"
Prior to the Civil War, more than eighty-five percent of all Americans owned or leased land. Therefore, almost every researcher, whether a seasoned professional or weekend hobbyist, has required land records to document the existence, association, or movement of an individual or ancestral family. While many researchers may feel a sense of historical excitement when finding an ancestor in a land deed, many also fail to understand the importance of such a document and how land can be used to make vital links between generations; they are not aware that it can bridge distant origins and help solve even the most difficult problems.
E. Wade Hone, In Land and Property Research in the United States
U.S. House of Representative Private Claims, Vol. 1, Vol. 2 or Vol. 3
The right to own land has always been one of the great incentives for living in the United States. Yet researchers often overlook the importance of land records as a source of family history information. Written evidence of people’s entitlement goes back in time further than virtually any other type of record family historians might use.
Land records meet the needs of researchers in different ways and contain a variety of genealogical and historical data. They are a major source of information for many family histories and provide primary source material for local history as well. They are closely related to probate and other official court records and should be investigated in connection with them. Land and property are leading issues in the settlement of estates, and the majority of civil cases in the courts deal with real and personal property. Although land records rarely yield vital statistics, in many instances they provide the only proof of family relationships. Often they include the names of heirs of an estate (including daughters’ married names and a widow’s subsequent married name) and refer to related probates and other court cases by number and court name. In some places where other records are scarce, the land records take on extra importance. Occasionally these documents disclose former residences and more often provide the new address of the grantors or heirs at the time of the sale of the property.
Land records provide two types of important evidence for the family historian. First, they often document family relationships. Second, they place individuals in a specific time and place, allowing the researcher to sort people and families into neighborhoods and closely related groups. One of land records’ most important qualities is that they are sometimes the only records that allow us to distinguish one person of a common name from another.
The National Archives has bounty-land warrant files, donation land entry files, homestead application files, and private land claim files relating to the entry of individual settlers on land in the public land states. There are no land records for the original thirteen states or for Maine, Vermont, West Virginia, Kentucky, Tennessee, Texas, and Hawaii. Records for these states are maintained by state officials, usually in the state capital. Searching for the record of a particular land grant from the federal government requires contacting both the Bureau of Land Management (BLM) and the National Archives (NARA) .