You will need to file the Declaration with the Clerk and Recorder's Office in the county where the homestead is located. Need More Information?The homestead can't exceed one acre in a city or 160 acres in a rural area. The Homestead Act of 1862 enabled thousands of individuals and families to claim land in Montana. The act offered 160 acres of land to United States Citizens. To the professionals at my local Clerk and Recorder's Office,. Oregon, Utah and Washington. The Free Homestead Act of 1862 entitled anyone who filed to a quartersection of land (160 acres) provided that person "proved up" the land. The exemption applies to the home and up to one acre of land. A homestead exemption can block the forced sale of a primary residence and provide tax relief for surviving spouses.