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Land Laws on the Frontier

© Jim Buckenmyer

Most settlers came to the frontier for one reason, land. Land ownership in Europe was usually reserved to a select few. Owning land meant much more than the ability to make a living. On the frontier land was either very inexpensive or even free. Of course the problem often became being able to hold it.

Early land records contain a wealth of information to the historian and genealogist alike. Often the problem is understanding what the records say. Once you get past the different handwriting used there may be a few words that are unusual.

Measurements

Chains- a chain 66 feet long, in most cases. In very mountainous country the unit one chain could mean only 33 feet. Sixty-six may seem like an unusual number. It was useful to the early surveyor because ten square chains equals ten acres. A chain was made up of 100 links of .66 feet each, thus the measurement one LINK equaled .66 feet or 7.92 inches.

Rods, Poles or Perches- these all represent the same distance. They were 16.5 feet long which is one quarter of a chain. At one time it was common to measure the land using a "perch pole" and measuring just 16.5 feet at a time. The chain was found to be more convenient.

Roods- a rood was equal to one square rod, or 272.25 square feet. Acreage might be expressed as: 123 acres, 4 roods, and 12 square links.

The chain, rod, and link were the most common measurements of the time. They were not, however, the only ones. If you come across others that you don't understand leave a query on my bulletin board and I will attempt to define it for you.

Inheritance

Many phrases in deeds deal with inheritance.

Dower Right- this was the interest a widow held in her husbands lands, usually 1/3 of his total holdings. Often at the end of a deed the notary will attest that the wife voluntarily waives her dower right to that parcel.

Testate/Intestate- If a man died with a valid will he was said to have died testate. The distinction between testate and intestate is important because the lands were divided according to different formulas.

Land Acquisition

There were many legal methods of acquiring land. Many not so legal ones were also used. Let's just look at the legal ones for now.

Purchase- Of course lands could be purchased from the previous owners. These owners could have been the native inhabitants, previous settlers, or land companies. Land companies offered many options to attract new buyers.

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