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THE LEGAL MECHANISMS OF LAND TITLE OWNERSHIP
IN THE
EARLY COMMONWEALTH OF VIRGINIA
Land title law in the Colony of Virginia evolved over
time.
The Virginia
Company of London, the stock company that founded Virginia in
1607, was abolished due to bankruptcy in 1624, and Virginia
became a crown colony.
Under this statute, all of the land in Virginia belonged
to the King.
The
Royal Governor issued land patents in the name of the King.
In 1634 the “head right” system was instituted by the
Privy Council, which functioned as the Governor’s Cabinet.
Land was given to anyone who paid the passage of an
emigrant (including slaves of all colors).
A certificate was sent to the county surveyor by the
Secretary of the Colony, whereupon the surveyor surveyed the
tract chosen by the patentee.
Two copies of the final patent were issued by the
Secretary, one going to the patentee, and one was retained by
the Secretary.
The
Office of the Secretary was closed in 1774 due to Lord Dunmore’s
War, and no land was granted until the independent Commonwealth
of Virginia opened its Land Office in 1779.
The State had no survey records prior to 1779, though
some county survey books and land title records existed.
In addition to importation patents, there were also
treasurer patents that were purchased, and military patents
given to veterans of military service.
All three of these types of grants could be sold on the
secondary market.
The State Library of Virginia now has records of land patents
covering the colonial period, including those in the Northern
Neck.
Land titles issued under the Crown are called ‘patents’,
while those issued after 1779 are called ‘grants’.
After 1779 the cost of land was 40 lb. Sterling per 100
acres.
The
purchasers were given a receipt by the Treasurer of the
Commonwealth, which was taken to the Land Office, which issued a
warrant.
This was
given to the county surveyor, who laid out the land chosen by
the purchaser.
The
completed survey was entered in the county survey book, and the
warrant and a copy of the survey was returned to the Land
Office.
If no errors
were discovered, the grant was issued to the purchaser, who took
it to the county clerk, who recorded it.
If later on it was discovered that the land had already
been granted to another individual, the second title was
vacated, and the purchaser was given a Preemption Warrant that
allowed him to select another tract.
When Richmond was burned during the Civil War, these
records were loaded on army wagons, and hauled to safety.
In the 20th Century the patents, grants, and
surveys were microfilmed.
The grants, but not the surveys, are available on line
from the Library of Virginia.
Some of the surveys from the county records are also
available on line.
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