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This article is from the Encyclopedia of North Carolina edited by William S. Powell. Copyright © 2006 by the University of North Carolina Press. Used by permission of the publisher. For personal use and not for further distribution. Please submit permission requests for other use directly to the publisher.

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Land Grants

by David Southern and Louis P. Towles, 2006

Part 1: Introduction; Part 2: Important Land Speculators of the Seventeenth and Eighteenth Centuries; Part 3: Land Grants and the Recruitment of Settlers to the Carolina Colony

Land Grants and the Recruitment of Settlers to the Carolina Colony

Land grants were also given to individuals on a much more modest scale. A recipient, in exchange for a land grant, was obliged to pay each year an established rent (called a quitrent), either nominal, such as peppercorn or Indian arrows, or real in the form of sterling (coin) or produce. Beginning in 1667, every free person who came to the province was eligible to receive 40 acres under the system. Each servant entitled the owner to 20 additional acres, and rents were to be remitted for a period of three to five years to allow the settlers to establish themselves.

Lithograph of Sir John Yeamans. Image from the Library of Congress.Since the recruitment of people was often difficult, grants were gradually increased to 100 acres for a freeman with a gun and powder who could come on his own and 50 acres for a person who had to be transported. Although it was possible to receive sizable grants-such as 6,000 acres to Sir John Yeamans in 1665 to assist him in subsidizing a settlement and 1,500 acres to Captain William Merrick that same year to help him undertake a voyage-such gifts were unusual and could only be assigned directly by the Proprietors in London. As rule, less than 700 acres was the maximum amount of land allowed to be granted or regranted in the province.

Grants were awarded by a process in which a recipient first received a warrant, then a survey of land, or plat, and finally the grant itself. Each part of the process was to be checked by the appropriate provincial official before the grant was finally approved, and if the procedure was not followed completely, the property would revert to the granter, with the grantee often subject to a fine. In addition, if a person failed to properly "seat" his grant-that is, clear and work the requisite number of acres within three years-died without heirs, or failed to pay quitrents, the land could be lost and regranted to someone else.

By 1715, through the intervention of the Proprietors and the North Carolina Assembly, grantees had received certain important rights. By decree from London, an impoverished family that could not pay its rent was not to be deprived of the land, and those that had been were to have property restored. In addition, by action of the Assembly and the agreement of the governor in council, all existing grants were declared valid, and all claims based on seven years' occupancy of the land were considered legal.

The price of the perpetual lease in the land grant system began under the Proprietors as a farthing per acre in 1663 and gradually rose to a penny per acre by 1669. In the early 1700s these payments varied widely. Settlers came to resent the arbitrary and permanent nature of the quitrents, particularly since the Proprietors often refused to accept payment in produce or proclamation money as they had promised to, demanding payment in sterling instead.

The purchase of North Carolina by the English Crown in 1729 failed to noticeably improve either the process of granting land or the collection of quitrents. Payment rates were stabilized under the Crown, but they also became more expensive. Land was still surveyed but not recorded, or it was claimed through blank grants circulated among the elite. While the continued lack of accurate rent rolls made taxation difficult, the reluctance of the Crown to accept produce or proclamation money in lieu of sterling made payment at times impossible. As a result, on the eve of the American Revolution, many quitrents were thousands of pounds in arrears.

References:

Margaret M. Hofmann, "Land Grants," in Helen F. M. Leary, ed., North Carolina Research: Geneology and Local History (1996).

A. B. Pruitt, Colonial Land Entries in North Carolina (1994).

W. N. Watt, The Granville District (1992).

Additional Resources:

"Petition from Henry McCulloh concerning land grants in North Carolina." June 08, 1749. Colonial and State Records of North Carolina. Documenting the American South, University of North Carolina at Chapel Hill. https://docsouth.unc.edu/csr/index.html/document/csr04-0322 (accessed December 6, 2012).

"North Carolina Land Grants and Deeds, 1711-1861; 1901. Collection no. 00553." Southern Historical Collection, Louis Round Wilson Special Collections Library, University of North Carolina at Chapel Hill. http://www.lib.unc.edu/mss/inv/n/North_Carolina_Land_Grants_and_Deeds.html (accessed December 6, 2012).

Griffey, Irene M. "Early North Carolina/Tennessee Land Grants @ the Tennessee State Library and Archives." Tennessee State Library and Archives, Tennessee Department of State. April 2009. http://www.tn.gov/tsla/history/guides/guide10.htm (accessed December 6, 2012).

Margaret M., Hofmann.The Granville District of North Carolina, 1748-1763: abstracts of land grants, Volumes 1-5. Weldon, N.C.: Roanoke News Co., 1986. http://books.google.com/books?id=deJ4AAAAMAAJ (accessed December 6, 2012).

Image Credits:

Bufford, J.H. [Sir John Yeamans, 1610-1674, head and shoulders]. Library of Congress. http://www.loc.gov/pictures/item/2007682386/

 

Comments

Comment: 

Did quit rents apply only to patents? If the original patentee sold the land via a deed of sale, did the new owner still have to pay quit rents or was he relived of that burden?

Comment: 

Hello,

Thanks for visiting NCpedia and asking your question.

That is a great question! We will have to do some looking through resources in the library so I am forwarding your query to our Reference services who can assist you: https://statelibrary.ncdcr.gov/contact-us

Erin Bradford, Government and Heritage Library

Comment: 

Hello, I'm curious about the cost of purchasing property in the mid 1700s vs receiving a patent. I have plenty of purchase price information, but lack the same for the patent process and the quitrents that followed. I assume that the patent was cheaper, at least in up front costs. Is there any general sense of how much it cost to initiate and complete the patent process (i.e., make the entry, receive the warrant, complete the survey, issue the patent)? Secondly, I understand that after receiving the patent, a perpetual quitrent was due annually, the amount of which varied widely. Who set these fees? Did they vary from county to county, or from time period to time period, or what? How would I go about finding the fees for a given patent...for example....in Johnston County....or Dobbs County.....or Bertie County?

Comment: 

Hello,

Thanks for visiting NCpedia and asking your question.

I am forwarding your query to our Reference services who can assist you: https://statelibrary.ncdcr.gov/contact-us

Erin Bradford, Government and Heritage Library

Comment: 

Hi-- I am wondering how some one would know where their land was, once they got a grant. If, say some one got title to a piece of land in 1770 or 1790, say in Burke County, where I live, would the land have been already surveyed, and marked in some way, so the renter/grantee/ new owner would know where the property lines of the land were located?

Comment: 

Hello, great question. 

Land grants have a 3-step process. First the peson who wants to buy a parcel of land that is not already settled makes a claim to the land office saying they want to buy that piece of property. This is called making an entry to the land. The next step is for the land office to give an order to the surveyor to survey the land. The order to the surveyor is called a warrant. The last steps is the land grant itself. If, after the entry was made and the survey done and everything was ok, they were given the grant for the land. The whole process could take several years.  Here is a guide I wrote on land grants before 1800. https://statelibrary.ncdcr.libguides.com/nclandrecords1800

I hope this helps. If you need further assistance, please contact our library at https://statelibrary.ncdcr.gov/contact-us/contact-us-form

Erin Bradford, Government and Heritage Library

Comment: 

What were the guidelines for a 300 acre land grant in Mecklenburg Co. NC in the year of 1766? My relative John Templeton had a 300 acre land grant dated either April 25, 1766, or September 25, 1766. There is a Tryon or, Tyron Co. sale of the land by John Templeton and wife Margaret dated 1 February 1770 of this land. I was wondering if the head of household received 100 acres and everyone else in the household received 50 acres. John 100 acres, Margaret 50 acres, 3 children 150 acres. I am trying to find out how many children they had in 1766. Is this the way land grants were distributed, or is this an assumption that is not correct? Also, was this land originally in NC or SC?

Sincerely, Rex Templeton

Comment: 

Wonderful information. My interest is five Leach brothers came from Scotland through Wilmington NC port and on to settle in Moore county which is now Montgomery county on Cabin Creek.
Malcolm and Margaret L Leach.
How can I get ship (arrivle info) and land information.
Thanks for any suggestions of contact or directions.
Carolyn Leach Britt

Comment: 

I’m looking for a land grant in Merry Hill Bertie County NC. ; to (possibly Thomas) Langdale, (1700’s) GGGGrandfather.
Thanks

Comment: 

Hello!

Thank yuou for contacting us about this. 

For land grants, those are kept in the State Archives of North Carolina. You can access a catalog of some of their records, which include all land grants, at https://archives.ncdcr.gov/doc. Also, if you are looking for the actual image, I suggest you go to http://www.nclandgrants.com/.  You cannot save the images, but you can see the actual grant. Note that the site may not have all grants in it. It's my understanding that it's a work in progress. 

Erin Bradford, Government and heritage Library

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