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Before 1889, the first year Oklahoma was officially opened for nonnative settlement, many nonnatives contracted for labor with the Five Civilized Tribes in exchange for land tenancy. Land records for the nations were filed under their respective Bureau of Indian Affairs (BIA) agency.
After some areas were opened for nonnative settlement, the common holdings of the tribes were divided into individual allotments to tribal members, with the federal government remaining guardian over the allotments. This freed up other land that was then made available to nonnative settlers. No centralized repository exists for the land allotments given the natives, but original allotments for all but the Five Civilized Tribes are on microfilm at the Indian Archives at the Oklahoma Historical Society. Outright payments made for land in the Cherokee Outlet are included in this microfilm. Arrell Morgan Gibson, Oklahoma: A History of Five Centuries (1965; reprint, Norman, Okla.: University of Oklahoma Press, 1981), describes allotment history and details for several tribes.
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Land allotments given to Native Americans between 1889–1906 freed more land for nonnatives. The Indian Archives at the Oklahoma Historical Society holds land descriptions and plat maps for some of these allotments, although originals are either at the BIA in Muskogee, Oklahoma, or the National Archives-Southwest Region.
A majority of the nonnative settlers in the territory of Oklahoma obtained their lands through homestead claims. Case entry files, original tract books, and plat maps for homestead claims are maintained by the BLM. Patents and copies of both tract books and plat maps are at the BLM New Mexico State Office, Federal Building, Box 1449, Santa Fe, New Mexico 87501. The Oklahoma Historical Society has seventy-two volumes of Oklahoma Federal Tract Books on microfilm that can be used in determining land descriptions to obtain homestead files. These are records of the homesteaders in Oklahoma Territory and a relatively few homesteaders (volume 63) for Ottawa and Delaware counties. Although not indexed by name, but by land description, a surname index has been compiled for each reel. A statewide index is currently being developed.
Homestead papers associated with the claim usually contain some genealogical information, including details such as age, birthplace, marital status, and number of family members, along with data concerning land use and improvements. If the homestead applicant was a naturalized citizen or in the process of becoming one, the homestead files will include a copy of the naturalization papers. If the homesteader was a Union veteran, the file may contain a copy of the discharge paper.
To locate homestead claims in the BLM records which were finalized prior to 1908, either the land description from the tract books (including county, township, range, etc.) or the date of entry and name of land office is required. For claims finalized after 1908, the number assigned to the case at the time that the land was patented is required. It is best to include a legal description of the property. In all cases, the full name of the homesteader must accompany the request for file copies.
A legal description of the land or the number assigned to the case may also be on file with the respective county clerk's office in which the land was originally located. These records are filed separately in the county but are usually fully indexed by landowner's name.
Land was, and continues to be, identified according to the rectangular survey method of measurement. Records from Oklahoma's several local land offices (open from 1889–1927) are housed at the Division of Archives and Records, Oklahoma Department of Libraries (see Archives, Libraries, and Societies).
Since statehood in 1907, the respective clerk of the court or registrar maintains land and property transactions between individuals. Oklahoma land records usually include an abstract of title (property ownership) from the date of patent or first sale.
Oklahoma is a federal-land state. Lands were generally acquired through federal government programs, the Indian Nations, or from other individuals. Land records for the nations were filed under their respective Bureau of Indian Affairs (BIA) agency. After some areas were opened for non-native settlement, the common holdings of the tribes were divided into individual allotments to tribal members, with the federal government remaining guardian over allotments.
No centralized repository exists for the land allotments given the natives, but original allotments for all but the Five Civilized Tribes are on microfilm at the Indian Archives at the Oklahoma Historical Society. Outright payments made for land in the Cherokee Outlet are included in this microfilm. Land allotments given to Native Americans between 1889 freed more land for non-natives. The Oklahoma Historical Society holds land descriptions and plat maps for some allotments; originals are at the BIA in Muskogee, Oklahoma, or the National Archives in Fort Worth, Texas.
Land-entry case files for government purchases are available through the National Archives in Washington, D.C.. The tract books and plat maps are also accessible through either the BLM in Santa Fe, New Mexico, or through the National Archives. The Oklahoma Historical Society has seventy-two volumes of Oklahoma Federal Tract Books on microfilm. A surname index has been compiled for each reel, and a statewide index is currently being developed. Records from Oklahoma's several local land offices (open from 1889êç) are housed at the Division of Archives and Records, Oklahoma Department of Libraries. Since statehood in 1907, the respective clerk of the court or registrar maintains land and property transactions between individuals.
For further information, consult Sidney Thiel, comp., The Oklahoma Land Rush. (Washington, D.C.: Historical Records Commission, n.d.); and E. Wade Hone, Land & Property Research in the United States (Salt Lake City: Ancestry, 1997).
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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).
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