Mother Earth: Land Grants in Virginia, 1607-1699 — John Shaqi
Mother Earth: Land Grants in Virginia, 1607-1699Robinson, Walter Stitt
History
Mother Earth: Land Grants in Virginia, 1607-1699
Robinson, Walter Stitt
Land grants -- Virginia -- History; Virginia -- History -- Colonial period, ca. 1600-1775
mistake was to have the option of purchasing the land at a price set by
the jury for its value before seating occurred. Beginning with the
1657/58 statement of the law, no consideration was to be given if
construction had been made after legal warning had been given to desist.
Other legislation was designed to minimize the number of cases of this
type that would arise. One provision made in 1646 required the person
claiming to be the original owner of the land to file suit against his
encroaching neighbor within five years for removal; otherwise possession
of the land for five years without contest would prevent recovery by the
original claimant. The law exempted orphans from the above provision and
permitted them a five-year period after coming of age. A later enactment
in 1657/58 repeated the provision on orphans and added to the exemption
married women and persons of unsound mind. A second provision designed
to prevent quarrels among neighbors required a person holding patent to
land adjacent to a proposed grant to show the boundaries of his property
within twelve months; otherwise the latest grant as surveyed would be
valid and would take precedence over the old patent.
But these various laws did not prevent "contentious suites" from arising
because of defective surveys when the lines were first run or because
the restriction against resurveys did not resolve the boundary disputes.
Conflicts continued if the surveyor had been negligent in marking
clearly the boundaries, or if lines had become indistinct by the chops
in trees filling out, by piles of stones being scattered, or by trees
being removed. To prevent "the inconvenience of clandestine surveigh,"
the Assembly in 1661/62 enacted the law of processioning. By this
provision the members of each community were to "goe in procession" once
every four years to examine and renew, if necessary, the boundary lines.
Boundaries acknowledged by the procession as correct were conclusive and
prohibited later claims to change them. If controversy arose over the
line, the two surveyors accompanying the party were to run the line
anew, disputes were to be equitably settled, and the line so laid out to
be final. For administration of processioning, the county court was to
order the vestry to divide each parish into as many precincts as
necessary, and the time set in 1661/62 for processioning was between
Easter and Whitsunday (seventh Sunday or fiftieth day after Easter). The
time was changed in 1691 to the months from September to March as a more
convenient period. To assure enforcement of the law, provisions for
penalties were included--1,200 pounds of tobacco for any vestry not
ordering the processioning and 350 pounds of tobacco for individuals who
failed to participate without good reason.
Public-domain text, read in full here on John Shaqi.
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