0
edits
Canada Land and Property: Difference between revisions
no edit summary
(add category) |
No edit summary |
||
| Line 20: | Line 20: | ||
Some Loyalist records are in the Locality Search of the Family History Library 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 the "[[Canada Military Records|Military Records]]" section of this outline. | Some Loyalist records are in the Locality Search of the Family History Library 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 the "[[Canada Military Records|Military Records]]" section of this outline. | ||
=== Records of Land Grants and Transfer of Property in Eastern Canada === | === Records of Land Grants and Transfer of Property in Eastern Canada === | ||
Landholding in New France was based on the seigneuries. Under this system, land was received as a feudal obligation in return for oaths of fealty and promises to perform certain duties. | Landholding in New France was based on the seigneuries. Under this system, land was received as a feudal obligation in return for oaths of fealty and promises to perform certain duties. | ||
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. (Family History Library book [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=167258&disp=Seigniories%2C+land+grants+of+1674%2D176%20%20&columns=*,0,0 971.4 R2s; film 1036410 item 10; fiche 6046787, computer number 42859].) | ||
Except for a few books that contain transcriptions of some early records, the Family History 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 the "Notarial Records" section of this outline and the Quebec Research Outline (31088) and the "Land and Property" section of the Quebec outline. | Except for a few books that contain transcriptions of some early records, the Family History 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 the "Notarial Records" section of this outline and the Quebec Research Outline (31088) and the "Land and Property" section of the Quebec outline. | ||
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: | ||
The person wanting land submitted a petition or memorial to the Lieutenant Governor of the province. | The person wanting land submitted a petition or memorial to the Lieutenant Governor of the province. | ||
The petition was read by a committee of the executive council. If approved, an order-in-council was issued, stating that the person was entitled to land. | The petition was read by a committee of the executive council. If approved, an order-in-council was issued, stating that the person was entitled to land. | ||
Then a warrant to survey an available parcel of land was ordered. | Then a warrant to survey an available parcel of land was ordered. | ||
When the survey was completed, and the applicant had met certain conditions, such as living on the land for a certain length of time, a land grant or patent was issued. | When the survey was completed, and the applicant had met certain conditions, such as living on the land for a certain length of time, a land grant or patent was issued. | ||
Other documents used in the land-granting process could include: | Other documents used in the land-granting process could include: | ||
Receipts for fees paid (unless it was a Loyalist free grant). | Receipts for fees paid (unless it was a Loyalist free grant). | ||
Fiats and warrants authorizing grants. | Fiats and warrants authorizing grants. | ||
Location tickets. | Location tickets. | ||
Surveyors’ reports describing the parcels of land awarded. | Surveyors’ reports describing the parcels of land awarded. | ||
At the present time, provinces retain records about the initial granting of government lands. Records of subsequent sales or transfers are usually kept by land offices in the district or county where the land is located. Wills and deeds transferring property were sometimes copied into deed books. These are often indexed by grantor and grantee (seller and buyer). | At the present time, provinces retain records about the initial granting of government lands. Records of subsequent sales or transfers are usually kept by land offices in the district or county where the land is located. Wills and deeds transferring property were sometimes copied into deed books. These are often indexed by grantor and grantee (seller and buyer). | ||
The most family information is usually in land petitions. Some petitions may give little more than the name and address of the applicant, but others may give the petitioner’s: | The most family information is usually in land petitions. Some petitions may give little more than the name and address of the applicant, but others may give the petitioner’s: | ||
Age. | Age. | ||
Marital status and number of children. | Marital status and number of children. | ||
Length of time in the province. | Length of time in the province. | ||
Former residence. | Former residence. | ||
Past service to the Crown. | Past service to the Crown. | ||
Applicants sometimes exaggerated their service and sometimes claimed more children living at home than they actually had. | Applicants sometimes exaggerated their service and sometimes claimed more children living at home than they actually had. | ||
During the Loyalist and immediate post-Loyalist eras, orders-in-council often included the name of the Loyalist father for whose service sons and daughters were claiming free grants. Other than petitions and orders-in-council, most land-grant documents have little or no family information. However, land records involved in court disputes and similar proceedings often contain a wealth of family information. See Ontario Research Outline (31089) for information about the "Township Papers" and "Heir and Devisee Commission" records that can fall into this category. | During the Loyalist and immediate post-Loyalist eras, orders-in-council often included the name of the Loyalist father for whose service sons and daughters were claiming free grants. Other than petitions and orders-in-council, most land-grant documents have little or no family information. However, land records involved in court disputes and similar proceedings often contain a wealth of family information. See Ontario Research Outline (31089) for information about the "Township Papers" and "Heir and Devisee Commission" records that can fall into this category. | ||