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{{Canada | {{CountrySidebar | ||
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|Records=Land and Property | |||
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<div id="fsButtons"><span class="online_records_button">[[Canada Online Genealogy Records]]</span><span class="community_button">[[Online Research Help|Online<br>Research Help]]</span></div> | |||
==Online Records== | ==Online Records== | ||
*[http://search.ancestry.com/search/db.aspx?dbid=9210 Canada, Soldier Homestead Grant Registers, 1918-1931] | *[http://search.ancestry.com/search/db.aspx?dbid=9210 Canada, Soldier Homestead Grant Registers, 1918-1931] ($), index & images | ||
*[http://search.findmypast.com/search-world-Records/canada--patents-of-canada-1824-1849 Patents Of Canada, 1824-1849] | *[http://search.findmypast.com/search-world-Records/canada--patents-of-canada-1824-1849 Patents Of Canada, 1824-1849] ($), index | ||
*[http://www.bac-lac.gc.ca/eng/discover/land/land-grants-western-canada-1870-1930/Pages/land-grants-western-canada.aspx Land Grants of Western Canada, 1870-1930], index | *[http://www.bac-lac.gc.ca/eng/discover/land/land-grants-western-canada-1870-1930/Pages/land-grants-western-canada.aspx Land Grants of Western Canada, 1870-1930], index | ||
*[http://www.bac-lac.gc.ca/eng/discover/land/land-petitions-lower-canada-1764-1841/Pages/land-petitions-lower-canada.aspx Land Petitions of Lower Canada, 1764-1841], index | *[http://www.bac-lac.gc.ca/eng/discover/land/land-petitions-lower-canada-1764-1841/Pages/land-petitions-lower-canada.aspx Land Petitions of Lower Canada, 1764-1841], index | ||
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There is much more to land records than simply the deed and mortgage. Any document that was created in regard to land can be of great genealogical value. The land records are the earliest forms of establishing the location and time period of your ancestors. | There is much more to land records than simply the deed and mortgage. Any document that was created in regard to land can be of great genealogical value. The land records are the earliest forms of establishing the location and time period of your ancestors. | ||
The following definitions are the keys you will need to unlock this language. You will find yourself referring to this list until you become familiar with these terms. Once you have done this you will find the study of land records to be quite a worthwhile and profitable challenge. | The following definitions are the keys you will need to unlock this language. You will find yourself referring to this list until you become familiar with these terms. Once you have done this you will find the study of land records to be quite a worthwhile and profitable challenge. ''Clues are everywhere''. | ||
=== Definitions === | === Definitions === | ||
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'''Crown Patent:''' The Crown was considered the original owner of all lands (after treaties with native inhabitants); a grant from the Crown indicated the first official title change and should appear as the first chronological entry in the Abstract Index of a piece of property. See also Patent. | '''Crown Patent:''' The Crown was considered the original owner of all lands (after treaties with native inhabitants); a grant from the Crown indicated the first official title change and should appear as the first chronological entry in the Abstract Index of a piece of property. See also Patent. | ||
'''Crown Reserves:''' Property lots set aside by the government to be sold at a later date and the proceeds to be used for the Crown. | '''Crown Reserves:''' Property lots set aside by the government to be sold at a later date and the proceeds to be used for the Crown. | ||
'''Deed:''' The document under seal which conveys or transfers interest in a piece of land from one party to another, or parties as the case may be. | '''Deed:''' The document under seal which conveys or transfers interest in a piece of land from one party to another, or parties as the case may be. | ||
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'''Folio:''' Latin word for “page.” | '''Folio:''' Latin word for “page.” | ||
'''Freehold, Fee simple:''' Land owned, as opposed to leased or held by feudal/seigneurial tenure. | '''Freehold, Fee simple:''' Land owned, as opposed to leased or held by feudal/seigneurial tenure. | ||
'''Grantee:''' The person receiving a grant or buying property. | '''Grantee:''' The person receiving a grant or buying property. | ||
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'''Memorial:''' In early days, the copied recording of a deed for the Registry Office’s reference, when the original paper document was returned to the owner; usually only the essentials of the deed were abstracted, and then copied again into Copy Books. | '''Memorial:''' In early days, the copied recording of a deed for the Registry Office’s reference, when the original paper document was returned to the owner; usually only the essentials of the deed were abstracted, and then copied again into Copy Books. | ||
'''Mortgage:''' A claim against a piece of real property given as security for a debt, i.e. money borrowed; the mortgagor (borrower) transfers title to the mortgagee (lender or creditor) until the terms of the mortgage are completed or discharged. | '''Mortgage:''' A claim against a piece of real property given as security for a debt, i.e. money borrowed; the mortgagor (borrower) transfers title to the mortgagee (lender or creditor) until the terms of the mortgage are completed or discharged. | ||
'''Patent:''' More formally, Letters Patent; in land dealings, the document that transfers full title from the Crown to an individual or corporation; settlement conditions were often required before a patent would issue. | '''Patent:''' More formally, Letters Patent; in land dealings, the document that transfers full title from the Crown to an individual or corporation; settlement conditions were often required before a patent would issue. | ||
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Now when you read that the measurement of the area was 10 Chains and 50 links you will know that the length of the measurement was 660 feet plus 33 feet = 693 feet. | Now when you read that the measurement of the area was 10 Chains and 50 links you will know that the length of the measurement was 660 feet plus 33 feet = 693 feet. | ||
::66 feet x 10 chains | ::66 feet x 10 chains = 660 feet <br>+ 50/100 links = .5 chain x 66 feet = <u>+ 33 feet</u> <br>660 feet + 33 feet = 693 feet <br> | ||
A lot 20 chains (1320 feet) wide by 100 chains (6600 feet) deep contains 200 acres and a lot 50 chains (3300 feet) wide by 20 chains (1320 feet) deep, contains 100 acres.<ref>Murphy, Sharon L., Brenda Dougall Merriman, and Frances Coe. "Canada Land Terminology | A lot 20 chains (1320 feet) wide by 100 chains (6600 feet) deep contains 200 acres and a lot 50 chains (3300 feet) wide by 20 chains (1320 feet) deep, contains 100 acres.<ref>Murphy, Sharon L., Brenda Dougall Merriman, and Frances Coe. "Canada Land Terminology - International Institute, " ''International Institute of Genealogical Studies'' (2012), https://familysearch.org/wiki/en/Canada_Land_Terminology_%28National_Institute%29.</ref> | ||
== Land Division Systems == | == Land Division Systems == | ||
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Reference to all these components is used when identifying specific lots. A sample description would be: “southeast quarter of Section 6, Township___, Range___, West (or East) of the ___Meridian”. | Reference to all these components is used when identifying specific lots. A sample description would be: “southeast quarter of Section 6, Township___, Range___, West (or East) of the ___Meridian”. | ||
There is more regarding this system under the provinces of Manitoba, Saskatchewan, Alberta and parts of British Columbia.<ref>Murphy, Sharon L., Brenda Dougall Merriman, and Frances Coe. "Canada Land Division Systems | There is more regarding this system under the provinces of Manitoba, Saskatchewan, Alberta and parts of British Columbia.<ref>Murphy, Sharon L., Brenda Dougall Merriman, and Frances Coe. "Canada Land Division Systems - International Institute, " ''International Institute of Genealogical Studies'' (2012), https://familysearch.org/wiki/en/Canada_Land_Division_Systems_%28National_Institute%29.</ref> | ||
Portions of eastern Canada, especially southern Ontario and the Eastern Townships (Cantons de l’Est) of Quebec, employed a survey system based on counties, townships, concessions, and farm lots. A county consisted of several named townships of unequal size and shape. Each township was divided into strips called concessions, and each concession was further divided into lots. | Portions of eastern Canada, especially southern Ontario and the Eastern Townships (Cantons de l’Est) of Quebec, employed a survey system based on counties, townships, concessions, and farm lots. A county consisted of several named townships of unequal size and shape. Each township was divided into strips called concessions, and each concession was further divided into lots. | ||
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For more about counties, See [[Canada Historical Geography]]. Find maps of county boundaries in eastern Canada and of townships in western Canada in: | For more about counties, See [[Canada Historical Geography]]. Find maps of county boundaries in eastern Canada and of townships in western Canada in: | ||
Atlas and Gazetteer of Canada. Ottawa: The Queen’s Printer, 1969. ( | Atlas and Gazetteer of Canada. Ottawa: The Queen’s Printer, 1969. (FS Library book {{FSC|228568|title-id|disp=971 E3cd}}.) | ||
For more information about the land description system of western Canada, see: | For more information about the land description system of western Canada, see: | ||
McKercher, Robert B., and Bertram Wolfe. Understanding Western Canada’s Dominion Land Survey System. Revised and enlarged. Regina: Division of Extension and Community Relations, Univ. of Saskatchewan, 1986. ( | McKercher, Robert B., and Bertram Wolfe. Understanding Western Canada’s Dominion Land Survey System. Revised and enlarged. Regina: Division of Extension and Community Relations, Univ. of Saskatchewan, 1986. (FS Library book {{FSC|655524|title-id|disp=971 R2m}}.) | ||
Diagrams of typical arrangements of farm lots in townships in the various provinces are in Eric Jonasson’s The Canadian Genealogical Handbook (see [[Canada For Further Reading]].) | Diagrams of typical arrangements of farm lots in townships in the various provinces are in Eric Jonasson’s The Canadian Genealogical Handbook (see [[Canada For Further Reading]].) | ||
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Knowing the history of the Maritime Provinces will provide you with a sense of where your ancestors may have disappeared, and help in your search for the records. Knowledge of the history and geography of your province of interest is the foundation you need to begin your genealogical quest. You will find the background for each province fits into the overall development path of Canada and the role your ancestors played in its establishment and growth. | Knowing the history of the Maritime Provinces will provide you with a sense of where your ancestors may have disappeared, and help in your search for the records. Knowledge of the history and geography of your province of interest is the foundation you need to begin your genealogical quest. You will find the background for each province fits into the overall development path of Canada and the role your ancestors played in its establishment and growth. | ||
To locate the whereabouts of the records that were created in ‘Acadia’, consult with the appropriate archives or government office of the present day province. Land grants can be found at the Archives des Colonies in Paris, France, as well as on microfilm at Library and Archives Canada.<ref>Murphy, Sharon L., Brenda Dougall Merriman, and Frances Coe. "Acadia Land Records | To locate the whereabouts of the records that were created in ‘Acadia’, consult with the appropriate archives or government office of the present day province. Land grants can be found at the Archives des Colonies in Paris, France, as well as on microfilm at Library and Archives Canada.<ref>Murphy, Sharon L., Brenda Dougall Merriman, and Frances Coe. "Acadia Land Records - International Institute, " ''International Institute of Genealogical Studies'' (2012), https://familysearch.org/wiki/en/Acadia_Land_Records_%28National_Institute%29.</ref> | ||
== Records == | == Records == | ||
=== Loyalists === | === Loyalists === | ||
*See [[Canada Loyalist Records|Loyalist Records]] for more information | |||
Special categories of land and property records applied to the American Loyalists, in Canada called United Empire Loyalists. Many Loyalists and their sons and daughters applied for land grants in present eastern Canada as compensation for war losses. Loyalists and their children were entitled to land grants without payment of fees. If a man could not prove service in a Loyalist corps, he or his children would have trouble claiming a Loyalist free land grant. Other loss claims were also presented. | Special categories of land and property records applied to the American Loyalists, in Canada called United Empire Loyalists. Many Loyalists and their sons and daughters applied for land grants in present eastern Canada as compensation for war losses. Loyalists and their children were entitled to land grants without payment of fees. If a man could not prove service in a Loyalist corps, he or his children would have trouble claiming a Loyalist free land grant. Other loss claims were also presented. | ||
Some Loyalist records are in the Locality Search of the FamilySearch Catalog under LAND AND PROPERTY headings. Others are in the Subject section under AMERICAN LOYALISTS and UNITED EMPIRE LOYALISTS. For more information on Loyalists, See [[Canada Military Records]]. | Some Loyalist records are in the Locality Search of the FamilySearch Catalog under LAND AND PROPERTY headings. Others are in the Subject section under AMERICAN LOYALISTS and UNITED EMPIRE LOYALISTS. For more information on Loyalists, See [[Canada Military Records]]. | ||
=== Grants and Transfers in Eastern Canada === | === Grants and Transfers in Eastern Canada === | ||
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English-language versions of the French king’s grants to the original seigneurs are in: | English-language versions of the French king’s grants to the original seigneurs are in: | ||
Land Grants of Seignories 1674–1760 Quebec. (Appendix to the 11th volume of the Journals of the Legislative Assembly of the Province of Canada.) Quebec: Secretary’s Office, 1853. ( | Land Grants of Seignories 1674–1760 Quebec. (Appendix to the 11th volume of the Journals of the Legislative Assembly of the Province of Canada.) Quebec: Secretary’s Office, 1853. (FS Library book {{FSC|167258|title-id|disp=971.4 R2s; film 1036410 item 10}}(*).) | ||
Except for a few books that contain transcriptions of some early records, the | Except for a few books that contain transcriptions of some early records, the FamilySearch Library has almost no other land records for Quebec based on the seigneurial system. Notarial records at the library sometimes do include references to this system of land tenure. See [[Canada Notarial Records]], [[Quebec Notarial Records]] and [[Quebec Land and Property]]. | ||
In most of British North America (early eastern Canada), the land grant process consisted of several steps, which varied from time to time and province to province. Between about 1784 and 1840, this process was typical: | In most of British North America (early eastern Canada), the land grant process consisted of several steps, which varied from time to time and province to province. Between about 1784 and 1840, this process was typical: | ||
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5. Records of taxes on lands (assessment and collectors’ rolls) that provide the legal description of the property. | 5. Records of taxes on lands (assessment and collectors’ rolls) that provide the legal description of the property. | ||
Canadian land records are filed in a number of places, including county courthouses, provincial archives and libraries, and national archives. Some Canadian land records are available on microfilm through the | Canadian land records are filed in a number of places, including county courthouses, provincial archives and libraries, and national archives. Some Canadian land records are available on microfilm through the FS Library. | ||
* | *[https://www.abgenealogy.ca/alberta-homestead-index Alberta Homestead Index 1870-1930] | ||
* | *[https://saskgenweb.wordpress.com/ Saskatchewan Homestead Records] | ||
::For a microfilm edition at the | ::For a microfilm edition at the FamilySearch Library, see: | ||
::*{{ | ::*{{FSC|882996|disp=Saskatchewan homestead records, 1870-1930, and index}} | ||
::*{{ | ::*{{FSC|5674604|disp=Saskatchewan homestead records, 1904- ; applications for letters patent}} | ||
*[ | *[https://www.bac-lac.gc.ca/eng/discover/land/land-grants-western-canada-1870-1930/Pages/search.aspx Western Land Grants (1870-1930)] | ||
*Land records: [http://www.collectionscanada.gc.ca/microform-digitization/006003-110.02-e.php?&q2=29&interval=50&sk=0&PHPSESS Upper Canada Land Petitions (1763-1865)] | *Land records: [http://www.collectionscanada.gc.ca/microform-digitization/006003-110.02-e.php?&q2=29&interval=50&sk=0&PHPSESS Upper Canada Land Petitions (1763-1865)] | ||
*[https://sites.rootsweb.com/~cansk/Saskatchewan/homestead.html Saskatchewan Homestead information] | |||
=== Land Indexes === | === Land Indexes === | ||
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== Locating Land and Property Records == | == Locating Land and Property Records == | ||
The | The FamilySearch Library has: | ||
Extensive province and county land records for Ontario, Nova Scotia, and New Brunswick. | Extensive province and county land records for Ontario, Nova Scotia, and New Brunswick. | ||
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A few land records for Quebec and Newfoundland. | A few land records for Quebec and Newfoundland. | ||
A good collection of homestead applications for Saskatchewan. | *[https://sites.rootsweb.com/~cansk/Saskatchewan/homestead.html A good collection of homestead applications for Saskatchewan]. | ||
Few land records for Prince Edward Island, Manitoba, Alberta, British Columbia, or the territories. | Few land records for Prince Edward Island, Manitoba, Alberta, British Columbia, or the territories. | ||
For records not at the | For records not at the FamilySearch Library, see various archives and provincial and local land offices. There is usually a fee to make copies of records at land offices. Sometimes an attorney is required. To find the addresses of smaller land offices, check the local government pages of current telephone directories. To find the addresses and telephone numbers of major land offices in each province and territory, see: | ||
Briggs, Elizabeth. Access to Ancestry: A Genealogical Resource Manual for Canadians Tracing Their Heritage. Winnipeg: Westgarth, 1995. ( | Briggs, Elizabeth. Access to Ancestry: A Genealogical Resource Manual for Canadians Tracing Their Heritage. Winnipeg: Westgarth, 1995. (FS Library book {{FSC|735947|title-id|disp=971 D27be; computer number 749919}}.) | ||
Microfilm copies of the series of homestead applications and indexes for all three Prairie Provinces are at the National Archives of Canada. | Microfilm copies of the series of homestead applications and indexes for all three Prairie Provinces are at the National Archives of Canada. | ||
The | The FamilySearch Library has many land petitions and indexes for New Brunswick, Nova Scotia, and Ontario. | ||
Land records for eastern Canada are listed in the FamilySearch Catalog under all jurisdictional levels, including: | Land records for eastern Canada are listed in the FamilySearch Catalog under all jurisdictional levels, including: | ||
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'''A wiki article describing an online collection is found at:''' | '''A wiki article describing an online collection is found at:''' | ||
[[New Brunswick, County Deed Registry Books | [[New Brunswick, County Deed Registry Books - FamilySearch Historical Records|New Brunswick, County Deed Registry Books - FamilySearch Historical Records]]<br> | ||
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*Archives of Ontario.''Sources of Family History,'' Archives of Ontario Research Guide No. 299, updated March 2010. | *Archives of Ontario.''Sources of Family History,'' Archives of Ontario Research Guide No. 299, updated March 2010. | ||
*''Great Britain Colonial Office Order-in-Council and Returns Respecting Sale of Lands in Upper Canada, 15 July 1837'', Archives of Ontario, No. 244, Imperial Blue Books, Box 7. | *''Great Britain Colonial Office Order-in-Council and Returns Respecting Sale of Lands in Upper Canada, 15 July 1837'', Archives of Ontario, No. 244, Imperial Blue Books, Box 7. | ||
*Regehr, Theodore D., “Land Ownership in Upper Canada 1783-1796: a Background to the First Table of Fees”, | *Regehr, Theodore D., “Land Ownership in Upper Canada 1783-1796: a Background to the First Table of Fees”, ''Paper and Records'' [Ontario Historical Society], March 1963, vol. LV, no. 1, p. 35-48. | ||
*Tyman, John Langton. | *Tyman, John Langton. ''By Section, Township and Range: Studies in Prairie Settlement'' (Brandon, Manitoba: Assiniboine Historical Society, 1972). | ||
*Library and Archives Canada.''Tracing your Ancestors in Canada'' (Ottawa, Ontario: 1997). | *Library and Archives Canada.''Tracing your Ancestors in Canada'' (Ottawa, Ontario: 1997). | ||
*Royick, Alexander. | *Royick, Alexander. ''Ukrainian Settlements in Alberta ''(Edmonton: Douglas College Reference Library, 1972).<ref>Murphy, Sharon L., Brenda Dougall Merriman, and Frances Coe. "Additional Canada Land Records Resources - International Institute, " ''International Institute of Genealogical Studies'' (2012), https://familysearch.org/wiki/en/Additional_Canada_Land_Records_Resources_%28National_Institute%29.</ref> | ||
== References == | == References == | ||
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