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Archiver > KYHARRIS > 1999-08 > 0935373006
From: <>
Subject: Re: [KYHARRIS-L] ACQUIRING LAND
Date: Sun, 22 Aug 1999 21:50:06 EDT
This subject can become quite complicated. A land "patent" and a land
"grant" are essentially the same thing - a document that conveys
unappropriated land from a government unto an individual. Virginia law calls
them "patents" prior to 1775 and "grants" after 10 October 1779. (from 1775
to 1779 I don't know what the legal status was!). A "patent" was issued by
the King of Great Britain through his agent, the colonial Governor. A
"grant" was issued by state through its agent, the Governor of the state.
A military warrant (in Virginia/Kentucky) was a document issued by the state
to an individual who qualified for land on the basis of prior military
service. The warrant was addressed to the surveyor of military lands and
directed him to survey a certain amount of land in the military lands area
for that person.
A treasury warrant applied to all other types of land acquisition. Warrants
could be purchased from the government (40 pounds for 100 acres), they could
be issued on the basis of having built a cabin and raised a crop of corn,
they could even be obtained on credit. The rules also changed quite often.
The people who obtained huge grants or patents generally did so by buying up
many smaller entries, surveys or warrants, then consolidating them and having
the grant issued for the large tract. Land rights could be bought and sold
at any point of the patenting process. Person "A" could sell his warrant to
"B" - "B" could make the entry and sell it to "C" - "C" could have the
survey done and sell it to "D" who returned the survey and entry to the land
office and eventually obtained the grant.
"Patenting land in someone elses name" - not knowing the context where this
was stated, I can't be sure what it means. An example may be where someone
in Virginia with a land warrant who could not actually come to Kentucky, may
have paid someone else (in money or with land) to take care of the patenting
process for him, since he was unable to do it himself.
Hope this mess helps. Volumes could be written on land acquisition in
Kentucky.
Rick Johnston
PS - the military warrants used to obtain land in Central Kentucky were NOT
Revolutionary war warrants, they were warrants issued by the authority of
the King for service during the French and Indian War. I think the lands
reserved for Virginia Revolutionary veterans were south of the Green River
(in Kentucky) and in Ohio.
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