History of the settlement of Upper Canada (Ontario,): with special reference to the Bay QuintéCanniff, William
History
History of the settlement of Upper Canada (Ontario,): with special reference to the Bay Quinté
Canniff, William
Ontario -- History; Quinte, Bay of (Ont.)
Thus it came to pass that a good many never took possession of the land
which a prudent Government had granted them. The statement has been made
that persons holding prominent positions at the time, and possessed of
prudent forethought, as to the value which would in the future attach to
certain lots, stood ready not only to accept offers to sell, but to
induce the ignorant and careless to dispose of their claims.
Consequently when patents were issued, several persons became patentees
of large tracts of land, which had been drawn by individual Loyalists,
whose names never appeared in the Crown Land Office. The transfer of a
certificate or “location ticket,” consisted in the seller writing his
name upon the back of the ticket. Occasionally a ticket would exchange
hands several times, so that at last when it was presented to obtain the
deed, it was difficult to determine who was the owner. The power to thus
transfer the certificates, was allowed for several years. But in time
Government discovered the abuses which had arisen out of it, and decided
that all patents should, thenceforward, be in the name of the person who
originally drew the land. Not unfrequently these certificates were lost.
The losers, upon claiming land, could not establish their rights; but
Government, to meet this misfortune, created a Land Board for each
Township, whose duty it was to examine and determine the claims of all
who presented them.
The following extract of a letter will explain itself:
“_For the Kingston Gazette, June 1st, 1816._”
“It has long been a subject of deep regret in the minds of judicious
persons, that the inhabitants of this Province should be so
neglectful as they are in securing their titles of real estate. When
the country was first settled, the grants of land from the crown, on
account of the existing state of the Province, could not be
immediately issued. The settlers, however, drew their lots and went
into possession of them, receiving only tickets, or certificates, as
the evidence of their right to them. In the meantime, exchanges and
sales were made by transfers of the possession with bonds for
conveyances when the deeds should be obtained from the Crown Office.
“This practice of transferring land by way of bond, being thus
introduced, was continued by force of usage, after the cause of its
introduction was removed. In too many instances it is still
continued, although, by the death of the parties, and the consequent
descent of estates to heirs under age, and other intervening
privations, many disappointments, failures, and defects of title,
are already experienced; and the evil consequences are becoming
still more serious, as lands rise in value, become more settled and
divided among assignees, devisees, &c. In a few years this custom,
more prevalent perhaps in this Province, than elsewhere, will prove
a fruitful source of litigation, unless the practice should be
discontinued.”
Public-domain text, read in full here on John Shaqi.
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