Title Examination Standards
Chapter 1, App.
Chapter 11 General Allotment Act Land Titles
§11.2 Basic Information for Determining Status of Lands Allotted Under the Act

The purpose of this Standard is not to determine whether the current status of a particular allotment remains in trust, but rather to provide tools and resources to assist the title examiner in making such determination.

In the absence of a recorded fee patent from the United States, the examiner should presume that the property remains in trust status.

However, the examiner may consult additional sources such as: a Title Status Report issued by the relevant Bureau of Indian Affairs Agency Office; other records of the relevant Bureau of Indian Affairs Agency Office; applicable Federal Acts (and any amendments thereto); and applicable County Clerk and Court Clerk records.

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommends new standards 11.1 and 11.2 be added to assist title examiners with understanding the impact of allotted lands as they apply to the General Allotment Act. The Real Property Section approved the proposal, and the House of Delegates adopted the new standard on November 7, 2025.