Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-12-02

ueIndnQ LOT small, lnQc-
pendent holdings. so that although
some manors were erected, they have
become segregated and there is little
remaining OF the immortal system in
serving ground rents, which, although
found elsewhere, Is not in so general
luse in other. states
ground rent is the grant Of ten
ancy or parcel Of land for a long
period of years at an annual rental I'm
til the term is concluded or the pay
inent lapses SO that the grantor can
re-enter. the land has passed from
his control. but. at the same time. the
grantee has no power absolutely to
dispose OF the land. and can only trans
fer his interest in the tenancy. subject
to the present and future rights of the
| grantor.
The system of ground rents has
seemed to impose, disabilities on the
best use of land for the general bene-
fit. and the tendency of legislative en-
lactment has been in the direction of
restriction and disbursement, so that
there are now provisions for the COM
| pulsory extinguishment of this en-
cumbrance on land at the option of
the actual occupant under certain con-
| ditions
William Penn proposed to make
| Pennsylvania a state of moderate sized
holdings of real property, and the
| charter which was framed for him
was intended to provide for the free
est possible course of alienation of
| land titles. The tenure expressed was
that of free and common soccage by
fealty only" which was the least in
numbered of feudal titles and repre-
scented in it's incidents substantially
only the allegiance which every sub
ject or citizen owes to his govern
ment.
While political powers were granted
to the proprietary, they were coupled
with the provision that all laws
should have the approval of an as
sembly of the landholders, and this pro-
vision added materially to the pros
pect that the course of title. instead of
being hampered by restrictive clauses
and rights in favor of an overload
would pe made subject to free transfer
and uss in all respects by the actual
occupant.
A collateral title to that derived
from the crown of England exists in
Pennsylvania from the determination of
the proprietary that the Indian title
should be extinguished by purchase.
The right to purchase land from the
indians within the grant of the king
was. however, reserved by the propri-
etary, so that there was no compete
ton and the consideration was practi-
cally determined by the purchaser.
until he had purchased the Indian title
and discouraged individual dealings
with the Indians. practice which grew
up of leasing from the Indians and of
was stopped by the proprietary.
Upon PENIS first landing he made a
treaty with the Indians for the acQui-
sition of land
Trading With Indians and the tracts
Reserved Right. .nus diu;ded
among what are called the first DUR
chasers.' whose holdings form an ex-
ception to the incidents of the title of
the great body of land in the state
which was granted out under the pro-
prietary. After these first sales under
the Immediate direction Of the pro-
prietor. board of property was ap-
pointed, consisting of a general sur
veyor, registrar and other officials
of the usual type of land Office and
warrants for survey and other pre-
liminary steps to the final patent, and
the patent itself was issued by these
officials in behalf Of the proprietor.
Quit rents calling for annual pay
ments to the proprietor were reserved
on all of the patents and these be-
came as obnoxious in Pennsylvania as
in other colonies. In addition, there
was a source of friction with the pro-
prfetary through differences of opin-
ion as to the proportionate amount
properly to be paid respectively by the
proprietary and by the landowners to
defray governmental costs, including
the cost Of defense against the Indians
These differences and the restrictions
on the untrammeled use and DISPOSE
ton of land were among the causes of
the American revolution and were all
concluded by the acts of the states
of Maryland and Pennsylvania in de-
claring a forfeiture of all quit rents
and proprietary property to the use of
the people of the states.