A land patent grants title or interest in a parcel of land without government interference. It can grant freehold ownership or only an interest in the land. Land patents have been around for centuries and can be traced back to transfers from previous governments or nations. In the US, land patents are issued through the General Land Office.
A land patent gives a person or company the right to title or interest in a parcel of land. It is not the document that actually gives title to the land, but it is the original document that states that title can be passed. In other words, a land patent is the government’s acquiescence that land can be purchased without government interference.
Land patents could grant freehold ownership over property, or they could grant only an interest in the land. For example, a land patent might give the owner of the land the right to use the land, sell the land, and improve the land, but might reserve the rights to any gold, silver, or other valuable metals or minerals to the government that issued the patent. A land patent not only confers title to the original applicant or purchaser, but the rights vest in the heirs and assigns of the grantee by law.
Although known by different names, land patents have been around for centuries in one form or another. Often, when a country was defeated in battle by another country, a treaty was signed granting the victor the spoils of victory, i.e. land, in most cases. As part of the land transfer, the defeated country’s king, queen, or ruler granted land patents to the victors, giving them the right to title to the land.
In the United States, land can typically be traced back to a transfer from a previous government or another nation, such as Spain, the United Kingdom, France, Mexico, Russia, or a Native American tribe. Technically, many of the original land patents granting US rights from the UK are still in effect. After the US Constitution was ratified, the US began issuing its land patents through the General Land Office.
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