Architectural evidence | Land distribution records | Additional resources | Bibliographies

Step 2: Land Distribution Records

Deed Search

The primary research document for tracing the history of a house is the deed. This document is a legal transaction between the buyer (grantee) and the seller (grantor) giving the buyer clear title to a piece of property. By researching all the deeds connected with a property you are able to establish a chain of title from the present time backward to the original land purchase. In the case of Pennsylvania, which was established as a proprietary colony, the chain of title goes back to William Penn and his heirs. Theoretically this process seems straightforward, but the researcher will usually find roadblocks and gaps and will need to use additional sources to complete a house history. It is these twists and turns and the interesting revelations encountered that make researching the history of a house fascinating.

Early deeds are referred to as indentures. The document was written twice on one piece of vellum or parchment. Then the document was cut apart (i.e. indented) in a wavy-line to separate it into two documents. One was given to the buyer and one was given to the seller. By matching the irregular wavy cut of the two documents you would have proof that the deed was genuine. Although not required, the deed was usually taken to the county seat of government and recorded in a deed book. Sometimes it was many years before the deed was recorded and in rare instances there are still legal deed transactions that have not been recorded. Nowadays deeds are printed on paper. A transcription of the original document is entered into the deed book located in the Recorder of Deeds office at the courthouse. Lancaster County deeds from 1981 to the present can be searched through the Recorder of Deeds website (http://www.lancasterdeeds.com).

It is best to begin your research with the deed to the present owner of the property and to trace the chain of title backward. You will begin your search in the Recorder of Deeds office found in the county courthouse. By using grantee and grantor deed indices you will be able to locate the deed book that contains the deed to your property. Indexing systems for court documents have changed over the years and can be confusing. The office attendants are familiar with the system and are usually quite helpful. After some instruction from the attendants you will gain confidence and be able to find the correct deed book with little trouble. Historical societies often have microfilm of old deed books as well as actual deeds.

The style of a deed and language contained within a deed has changed over the centuries but the basic tenets of the legal transaction remain the same. To read a deed for the purposes of a house history it is not necessary to be familiar with all the legal terminology. You will be looking for several types of information that become easily apparent as you begin to read the deeds. You will want to complete an abstract for each deed you read.

The elements you will look for in a deed are: (words in italics are sometimes in large or bold print on the deed and the words that follow refer to the particular element described)

1. Deed book and page number.
2. (THIS INDENTURE MADE…) Date of the deed and the date it was recorded
3. (BETWEEN…) Name of grantor (seller) and place of residence; Name of grantee (buyer) and place of residence
4. (IN CONSIDERATION OF…) Price
5. (BEGINNING AT…) Location of property (including bounding neighbors)
6. (CONTAINING…) Acreage or footage of property
7. (TOGETHER WITH…) Buildings mentioned (often referred to as “messuage”)
8. (IT BEING THE PART OF THAT SAME LOT or BEING THE SAME PREMISES…) Reference to prior deeds and owners (often referred to as “recital” or “referral”)
9. (SEALED AND DELIVERED…) Witnesses and signatures

Another type of deed is known as a “deed of release”. It transfers inheritance rights from one heir to an estate of another and sometimes was filed by heirs who lived out of the area. Mortgages are similar to deeds. These documents read like a deed but include a statement about the pay schedule for the land included in a mortgage.

See an example of a deed containing the various elements. Carefully record as much information as you can on your abstract form (PDF requires Adobe Acrobat Reader). Use the back of your abstract to plot out a deed description also referred to as creating a land draft.

Chain of title

Tracing a property through a deed search from the present back to the original owner is called establishing a chain of title. You can use a chain of title form to record the owners of the properties and the date it was transferred to a new owner. Click on the case studies to see the chain of title for these properties.

Original Land Grants

As you work down the list of owners you will try to identify the original grantee, i.e. the first owner of the property. In Pennsylvania you will trace your property to William Penn, his heirs, agents or the Commonwealth Land Office.

In Pennsylvania the process of acquiring land involved several steps. The first step was to obtain a warrant from the “Proprietaries” (the Penn family). The warrant was for a parcel of unclaimed land that had to be paid and settled on within a specified period of time. After the warrant was issued the Surveyor or his deputy went to the parcel of land and surveyed its metes and bounds. Then a “return of survey” including a draft was filed in the Land Office. The final form of the land grant process was the issuance of a type of deed called a patent. Often a patent was not secured until many years after the original owner had settled on the land. The Lancaster County Historical Society has warrant maps for each township listing the original owner and includes dates and references to the warrant, survey and patent. The most complete guide to the intricacies of Pennsylvania land development is Pennsylvania Land Records: A History and Guide for Research by Donna B. Munger.

Read about other types of land distribution documents
Page 2 >