The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-01
THE HAsKIN LETTsE r
LAND TITLES
BY Frederic L J. Haskin.

BY Frederi
The land titles Of the thirteen
original states of the Union were
substantially all derived from the
Crown of England. The differences
which marked the later course of til
ties in the different states were due
to the manner in which the titles left
the crown.
fhe earlier of the grantees receiy-
ed not only the proprietorship Of the
soil within the limits granted, but
the political rights OF the sovereign
as well. The first of these complete
grants of rights of the crown was
made In the case of Virginia with
the object Of securing the settlement
of the country. This grant was la
ter annulled and the subsequent
grants in Virginia were of land only,
the political power being reserved to
colonial government, so that Vir-
ginia is typical of series of land
grants direct from the sovereign to
the private owners of definite tracts
lof land.
1
gina were fixed respectively 200
miles north and 200 miles south OF
Old Point Comfort, the promotory
which marks the entrance to Hamp-
ton roads and which was the best
known landmark of the first expiora-
tons The western boundary was
unlimited, and the grant extended
from ocean to ocean. Later. by
treaty with France, the western
boundary of Virginia was established
at the Mississippi river. Deductions
were made from the original grant
by subsequent grants of Maryland to
Lord Baltimore and of Pennsylvania
to William Penn, but at the time OF
the Revolution. Virginia included not
only West Virginia. which was set
off as a state as a result of the war
of 1661-1865, but also Kentucky ami
the territory north and west of the
Ohio river, from which the states Of
Ohio, Indiana and Illinois have been
created.
This northwest territory was coded
to the United States after the Revo-,
luton and became the first of the
federal territorial possessions. The
land system of Virginia had little
effect in this territory, having been
succeeded by the public land system
of the United States before settles
ment, SO that the Virginia method
of establishing land titles affects only
the states Of Virginia. West Vir-
ginia and Kentucky.
The original grant OF Virginia,
including political prerogatives, as
we'll as land titles, was revoked by
what are called gu warranto pro-
ceedings. The King of England di-
rected his law officers to inquire
whether the grantees Of Virginia had
complied with the terms. expressed
or implied. on which they took the
country, and If they had right to
the grant in the first instance.
AS the result of these proceedings,
the king took over again all proper
ty rights in the former Virginia
grant and establNhed colonial gov
eminent. Actual possessory rights.
which had accrued under the former
/ guarantees. were recognized and
terms were offered to settlers on
which they could secure crown lands.
Under the system of land disposal as
practiced during the colonial period.
patents were issued for greater or
less quantities of land upon pay
ment of sum of money caller
composition money" and upon an
agreement TO pay an annual sum
called a "quit rent" The sale of
the crown lands was chiefly made
through colonial officials. but there
were considerable grants directly
from the king to favorites on nomi-
nal consideration. or in compensa-
ton for military services.
The most noted of these grants
was that made to Lord Culpeper. The
land granted included all the terri
tory lying between the headwaters OF
the Rappahannock and Potomac
rivers and between the entire length
| of those rivers to their entrances
| into the Chesapeake Bay. This
grant is known as the northern neck
of Virginia. and Lord Fairfax. who
succeeded to the rights Of Lord Gull
lpeper as his heir at law, established
ia land Office and made grants on
similar terms and in similar man
ner to the grants Of crown lands.
The process Of securing these
grants from the crown or from
Lord Fairfax, and, later, from the
state was for the intending settler to
pay into the treasurer's Office. the
required sum of money representing
composition money for the amount OF
land he desired to acquire. There
was issued to him a warrant for a
certain number of acres of land. to
be located wherever the buyer might
choose, provided it was not already
appropriated. The buyer, if he had
not already made up his mind on
a location. looked about for an ell
gible site, but was given only a
month to make choice At the ex-
piration of that time. the rule re-
quired that he produce the warrant
before the surveyor of one OF the
counties and order survey OF the
land chosen. The surveyors were not
salaried officers, but were, in effect,
licensed private practitioners, au-