Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-03

sons. views and capacities, the Vir-
ginian-Pilot is responsible for none
OF the statements nor opinions ex-
pressed therein, nor for the style in
which they are set forth. The ignoran;
and uncducated shall be heard hero
equally with the learned.
THE STREETS OF PORTSMOUTH.
Portsmouth, Va. June ., 1899.
Virginian- Pilot:
Will you kindly publish this short sy
ropsis OF the history of the streets of
Portsmouth? At this time. when IL
ties are becoming unsettled by reason of
conflicting surveys, all the light that
can be obtained is desirable. have
made 4 careful examination of the sub
ject, both as representative of the city
ard of property owners.
Streets in n city are acquired either
by purchase or by dedication. II they
are purchased the city becomes the
owner OF the fee. and. the lines of the
purchase being once defined. no en-
croachment thereon, however long con-
tinued, gives the encroacher 4 claim to
the street lie continues a trespasser
always.
When streets are acquired by dedi-
cation, MS was the case in Portsmouth.
the right Of usur Is in the public and
the city is merely their custodian and
is required to keep them in good condi-
ton for the use of the public. Where
there is no positive evidence of the
dedication of a street by the owner Of
the land, but that fact Is presumptive
and based on usur by the public, it is
necessary for the city to prove that
the land claimed rs a street and upon
which a house or fence has been built.
was in actual use under claim as n
street for the statutory period before
the house or fence was built there. I'm
less the city can prove this, the prop
erty owner can hold what he has fenced
in under his deed. This is plain
statement of the law. Now as to the
facts:
Portsmouth was laid out as n town
by Mr. Crawford and was Incorporated
in May, 1852. There is in the Clerks
office an old plat purporting to be 4
copy of n survey made for Mr.. Craw-
ford January 9TH, 1852. and Is thought
by some to be n copy of the original
survey of Portsmouth. but l find suf-
ficient evidence to discredit this theory
The plan gives the size of the lots,
1S0X1l3 feet. but makes no mention OF
the width Of the streets.
In June ana July of that year Mr..
Crawford gave four deeds for lots in
conformity with Il plan referred to
therein, but that plat was cancelled
and all his deeds subsequent to July
1852. were in conformity with another
plat. Of which there Is absolutely no
record. lie gave new deeds under the
second plat to the purchasers OF some
of the lots sold under the first one.
There is nothing in these later deeds
to establish any general plan OF the
city or the width of It's streets. In
fact, the narrow streets were regarded
as private alleys. are mentioned only in
the four deeds given in June and July,
1852. and We're sold with the land SO
that they We're not dedicated by Mr.
Crawford to the public.
The first house built in the town was
at the southeast corner of Crawford
and North streets, and the first lot sold
under the second plan was at the op-
positc corner, the southwest. Those
two corners were built upon during the
lifetime of Mr.. Crawford, and while his
stakes were in the ground. and. should
it turn out that they are on the same
line, 1t is apt to be correct and should
be taken as the starting point for the
city. The first house built in the south
western part OF the town was an old
Dutch roof dwelling at the southwest
intersection OF South and Dinwiddie
streets. 1t was Put there I'm the last
century during the life of Mr. Veale.
Mr.. Crawford's legatee, and until the
incorporation OF portsmouth, was taken
as a guide by the county surveyors in
locating lines for property owners in
that section. There Is brick store
house now on the corner
About the year 1858 the City Council
desired to have an official survey and
map made of the city. and employed
Mr.. Webster. who was at the head of a
fiourishinG school, to do the work Mr.
Webster was without data but prompt
ly assumed all he wanted. He needed
starting point and decided to take the
northeast corner of Middle and Queen
streets. q point which, instead Of being
at the corner of one OF Mr.. Crawfords
squares, was in the middle thereof He
argued to himself that the owner of
that property Can old sea captain) was
very discreet citizen and would not
have built his house there without first
having its lines correctly defined
though there were several hundred
houses in the town that were built from
fifty TO seventy-five years before that
house was. Mr.. Webster then assumed
certain width for each street. and
further assumed that the city owned
the fee IN the land from the beginning.
Thus equipped he started upon the
work. He made report to the Coun-
ell. but If he made a plat it was not
recorded and there Is no evidence, as
far as my knowledge goes. OF Its exist
ence. so that. IL an official map OF the
city was ever made there is no evil
dencc Of it and there is no such map
known.
Some OF the City. Councils since 1853
AZ & sss ~ 81