Scotch-Irish-L Archives

From: John Giacoletti <>
Subject: LAND RECORDS
Date: Fri, 12 Jun 1998 03:16:29 -0400

I don't think you've earned your stripes for any overseas research until
you have thoroughly researched your family and the immigrant ancestor this
side of the pond. As Linda has reiterated, the aspiring Ulster
genealogical student should study the land records of the immigrant. These
records will show you the date of settlement, the precise location, the
adjoining neighbors and families, and the conditions of the improvements
made upon the land.

Linda wrote: >>>I'd look for deeds (called warrents) in Chester Co, PA for
these
folk. I'll post the PA land record book's name tonight -- you
can learn a lot by examining how they got the land -- squatting
or purchase. In 1720 it is likely they bought it based on a
land survey rather than squatting. In the late 1700's in
western PA -- most people squatted -- they occupied the land,
improved it, and then laid claim. Some never did. My ancestor
Frances "took up" Depreciation land occupied (illegally)by
a John McGENNIS (if I recall correctly) in Buffalo Twp, Butler

We use the word "deeds" as a general term which encompasses a large number
of conveyances all of which transfer an interest in real estate from one
party to another. For example, a leasehold interest may be conveyed by
either a lease for a term of years or by a leasehold deed. At the
conclusion of the lease term, the lesee's interest expires and the now
unencumbered title revests in the fee holder. Deeds, however, are
conveyances from a first party garantor, a private individual or
corporation, to a second party, the grantee. Publication and notice is
established by recording of the deed among the official records of the
jurisdiction in which the land is located. The initial transfer from the
government to a private individual is not accomplished by a deed. The
initial transfer of land from the governmental authority to a private
individual is called a Patent and not a deed. The patent which vests the
fee simple ownership of land in an individual, his heirs and assigns
(subsequent owners) is in Pennsylvania the fourth document in the chain to
achieve title to real property.

After making actual settlement and residing on any previously unwarranted
land, improving it by constructing a dwelling house, clearing a portion of
the land (usually about 18 to 20 acres of the parcel ) , cultivating crops
for a period of years (usually seven or eight), the immigrant settler made
an Application to the State. Payment of a fee established by statute based
on the number of acres in the land parcel (It's a parcel because it
consists of all the legal bundle of rights we associate with land
ownership) accompanied the application.

Upon receipt of the Application, the duly constituted authority issued a
Warrant addressed to the Surveyor General to have the land surveyed, which
entailed not only the measurement of the described parcel but also the
examination of the land to determine the extent of the improvements made by
the settler to see if they complied with the statutes. The Warrant was the
order to the Surveyor and it is not a deed.

Next the land was surveyed and the report made by the surveyor consisted of
the sketch of the particular parcel describing its boundarys and showing
the names of the adjacent property holders. In addition, the Survey
contained the sworn statement by the Surveyor that he had inspected the
premises and the improvements thereon. The Surveyor's report is called a
return. The acutal land survey and report was completed by a Deputy
Surveyor for the county in which the land was located and then filed with
the Surveyor General in the state capitol.

At this point, once all the terms of the statutes had been met as
establised in the Warrant to the Surveyor, the settler would pay all the
moneyes due the State. At this juncture, the Patent would be issued to the
individual who had completed the Warrant requirements and this was often
not the original Applicant. Copies of the documents were retained by the
state and are found in the state archives. The state documents were then
often transcribed and copies of them filed in the land records of the
county in which the land was located. This entire process for my ancestor
began in 1796 and was concluded by a Patent issued in 1820.

In conclusion, the researcher does not want the deed, the researcher wants
the Patent, the Survey, the Warrant and the Application. It is the Patent
which conveys ownership from the State to the Individual and not the
Warrant.

Class , this concludes your land records archives lesson for today and you
are now dismissed to enoy the downloadable data bases of the cyberspace
community.

John


Cowan, County Down
McClay, County Tyrone
MacLea, Argyll

This thread:

• LAND RECORDS by John Giacoletti <>

  • LAND RECORDS by <>