LAND TITLE RECORDS

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Land Title Recordsin the New York State ArchivesNew York State Archives Information Leaflet #11[DRAFT]IntroductionThe New York State Archives holds numerous recordsdocumenting title to real property in New York. Therecords range in date from the early seventeenth century tothe near present. Practically all of the records dating afterthe early nineteenth century concern real propertyacquired or disposed by the state. However, many of theearlier records document conveyances of real propertybetween private persons. The Archives holds records ofgrants by the colony and state for lands above and underwater; deeds issued by various state officers; some privatedeeds and mortgages; deeds to the state for publicbuildings and facilities; deeds and cessions to the UnitedStates; land appropriations for canals and other publicpurposes; and permits, easements, etc., to and from thestate. The Archives also holds numerous records relatingto the survey and sale of lands of the colony and state.This publication contains brief descriptions of land titlerecords and related records in the Archives. Each recordseries is identified by series number (five-charactercontrol number, e.g. “12943” or “B1371”), creatingagency, title, date span, and quantity (cubic feet, boundvolumes, and/or microfilm rolls). Following the seriesidentifier is a brief description of the records. (A fullerdescription may be available in the State Archives onlinecatalog, “Excelsior.”) The availability of access tools(indexes, lists, etc.) and microfilm is indicated.This publication also describes types of deeds ofconveyance and the statutes that pertain to recording ofthe same; and court actions and proceedings affecting titleto real property. The information about land deeds andland-related court records should be helpful inunderstanding the records listed and described below.The New York State Archives was established in 1971and opened to the public in 1978. The Archives holds over100,000 cubic feet of records, the earliest being a 1630Indian deed for lands now in New Jersey. The Archivesresearch room on the eleventh floor of the CulturalEducation Center, Empire State Plaza, Albany, is open tothe public 9-5 Monday-Friday except state holidays. TheState Archives’ online catalog[http://www.archives.nysed.gov] contains detailedinformation about many of the record series listed in thispublication. For further information about the records andservices of the New York State Archives, contact:1NEW YORK STATE ARCHIVESCultural Education Center Room 11A42Albany, NY 12230Phone 518-474-8955FAX 518-408-1940E-mail archref@mail.nysed.govWebsite www.archives.nysed.govContents:A. Indian Deeds and Treaties [p. 2]B. Dutch Land Grants and Deeds [p. 2]C. New York Patents for Uplandsand Lands Under Water [p. 3]D. Applications for Patents for Uplandsand Lands Under Water [p. 6]E. Deeds by Commissioners of Forfeitures [p. 9]F. State Deeds, Cessions, Releases,and Easements [p. 10]G. Records of State Land Sales [p. 12]H. Mortgages to the State [p. 13]I. Records of Land Appropriations—Highways,Streets, Parks, Railroads, and Other Purposes [p. 14]J. Records of Land Appropriations—Canals [p. 15]K. Canal Permits [p. 17]L. Deeds for Comptroller’s Tax Salesand Related Records [p. 17]M. Other Deeds and Miscellaneous Records [p. 19]N. Holland Land Company Records [p. 20]O. Local Government Records [p. 20]P. Types of Deeds of Conveyance [p. 21]Q. Recording Statutes [p. 22]R. Transfer of Real Property by Will [p. 23]S. Court Actions and ProceedingsConcerning Real Property [p. 24]T. Bibliography [p. 24]

deeds from the colonial period are found in series A0272Applications for Land Grants (described below).[A.] Indian Deeds and TreatiesBoth the Dutch and English governments claimed title tolands now in New York by right of discovery andconquest. Those governments conceded that the nativepeoples occupying those lands had rights of occupancy tothem. They required that such rights be extinguished priorto issuance of patents for those lands. The Duke’s Laws of1665 declared that anyone who purchased land from theIndians must first obtain a license from the governor to doso, and that the Indian deed be recorded by the provincialsecretary. Despite these requirements, many irregularitiesand some outright frauds occurred in the purchase ofIndian lands throughout the colonial period. The NewYork Constitution of 1777 required that all land purchasesfrom the Indians be “made under the authority, and withthe consent of the Legislature.” In addition, under the U.S.Constitution, Congress passed the Non-Intercourse Acts of1790 and 1793, which required that all treaties oragreements between states and Indian nations bewitnessed by federal representatives and ratified by theU.S. Senate. Only two New York treaties complied withthose requirements, giving rise to litigation that is not yetconcluded.A4609 (formerly #448A) Secretary of State. OriginalIndian Treaties and Deeds, 1703-1847 (bulk 1802-1847)[1.1 c.f. 2 vols. (1 microfilm reel)]Series contains Indian treaties, deeds of cession, andrelated documents (powers of attorney, agreements,releases, letters, etc.). The native groups involved in thetreaties and deeds were the Brothertown, Cayuga,Mohawk, Oneida, Onondaga, Seneca, and StockbridgeIndians and the Seven Nations of Canada. All documentsdate from 1781 or later except a transcription of anagreement between the Montauk Indians and theinhabitants of Easthampton, 1703.A0448 Secretary of State. Recorded Indian Treatiesand Deeds, 1703-1871 (bulk 1748-1871) [0.8 c.f. 3vols. (1 microfilm reel)]Series contains recorded official texts of Indian treatiesand deeds of cession. All documents are dated 1748 orlater, except for a 1703 agreement between the MontaukIndians and the inhabitants of Easthampton and the 171213 Indian deed for the Wawayanda Patent. Most of thecolonial-era documents relate to lands within theterritories of the Mohawks and Oneidas. The postrevolutionary documents relate to lands of the Oneida,Brothertown, Stockbridge, Cayuga, Mohawk, Seneca,Onondaga, and Tuscarora Indians, and the Seven Nationsof Canada. Incorporated into this series is a copy ofFranklin B. Hough, ed., Proceedings of theCommissioners of Indian Affairs, Appointed by Law forthe Extinguishment of Indian Titles in the State of NewYork (Albany: 1861).Access: 1) Each volume contains an index. 2) Indiandeeds and treaties are also indexed in series A4688 (under“Indians” then by location; and also by individualgrantor). 3) Facsimiles of colonial and state treaties in thisseries are reproduced on microfilm in Francis Jennings,William N. Fenton, and Mary A. Druke, eds., IroquoisIndians: A Documentary History of the Diplomacy of theSix Nations and Their League (Woodbridge, Conn.: 1985).4) Texts of treaties with the state of New York arepublished in N.Y. (State) Special Committee toInvestigate the Indian Problem, Report (Albany: 1889).Microfilm: Produced by New York State Archives.Access: 1) Each volume contains an index to Indiannations or groups who were parties to treaties or deeds. 2)Texts of treaties between the state and various Indiannations or groups are published in N.Y. (State) SpecialCommittee to Investigate the Indian Problem of the Stateof New York, Report Transmitted to the LegislatureFebruary 1, 1889 (Assembly Document no. 51) (Albany:1889), known as the “Whipple Report.”Related records: This series once contained an initialvolume, spanning the years 1692-1747; that volume wasdestroyed in the Capitol fire of 1911. Other recordedIndian deeds are found in series A1880 Dutch Patents andDeeds, 12943 Letters Patent (Book 5), and A1885Warrants of Survey, Powers of Attorney, Indian Deeds,and Other Miscellaneous Records (all three series arediscussed below). A late eighteenth or early nineteenthcentury transcription of Indian treaties in the period 17661811 is series A0232 (damaged by fire; use is restricted).Microfilm: Produced by New York State Archives.[B.] Dutch Land Grants and DeedsRelated records: Most of the treaties and deeds (but notthe related documents) are recorded in series A0448 (seenext item). Some original Indian treaties and deeds,mostly dating between the 1790s and the 1820s, weredestroyed in the Capitol fire of 1911. Many original IndianSettlers of New Netherland were permitted, by a directiveof 1629, to occupy lands for cultivation, with permissionof the director and council of the colony, though they didnot obtain title to those lands. Starting in 1638 patentswere issued, granting absolute ownership of lands2

(freehold). The provincial secretary recorded patents,Indian deeds, and private deeds and leases. Dutch patentswere issued by the director general on behalf of the StatesGeneral of the United Provinces (the Netherlands), thePrince of Orange, and the directors of the West IndiaCompany.A1880 Dutch Patents and Deeds [Books GG and HHPart 2], 1630-1651, 1654-1664 [0.8 c.f. (1 rollmicrofilm)]A1882 Dutch Land Deeds [Book II alias HH Part 1],1652-1653 [0.2 c.f. (1 roll microfilm)]Books GG and HH Part 2 contain recorded grants(patents) of land by the director and council of NewNetherland, and a few Indian deeds. Book II (alsodesignated as HH Part 1) contains recorded privateconveyances (deeds).Access: 1) Indexed in series A4688 (grantor), A4689(grantee), and A4690 (location). 2) Abstracted andindexed in Edmund B. O’Callaghan, comp., Calendar ofHistorical Manuscripts in the Office of the Secretary ofState, Albany, N.Y. (Albany: 1865; repr. Ridgewood, N.J.:1968), 1:364-87. 3) Translated and indexed in Charles T.Gehring, ed., New York Historical Manuscripts: Dutch,Volumes GG, HH & II: Land Papers (Baltimore: 1980). 4)Some of the documents are also translated (not alwayssatisfactorily) by Berthold Fernow, comp., DocumentsRelative to the Colonial History of New York, Vols. 12(Delaware River settlements), 13 (Hudson and MohawkValleys), and 14 (Long Island) (Albany: 1877-1883). 5)Dutch patents for Nieuw Amsterdam are abstracted andmapped in I. N. Phelps Stokes, The Iconography ofManhattan Island, 1498-1909, 6 vols. (New York: 1916;repr. Union, N.J.: 1998), 2:353-411. 6) Dutch patents forBeverwyck (established 1654, renamed Albany in 1664)are abstracted and indexed in Janny Venema, Beverwijck:A Dutch Village on the American Frontier, 1642-1664(Hilversum and Albany: 2003), Appendices 3, 8.Microfilm: Produced by New York State Library; copy inState Archives (call no. A-FM 45, Reels 9-10 [microfilmis only partly legible]).Related records: A0270 Register of the ProvincialSecretary (next item). Additional Dutch deeds recorded inNieuw Amsterdam are now in custody of the New YorkCity Register’s Office, and are translated and indexed inBerthold Fernow, ed., The Records of New Amsterdamfrom 1653 to 1674, 7 vols. (New York: 1897; repr.Baltimore: 1976). Other original and recorded landdocuments from New Netherland are listed in CharlesGehring, ed., A Guide to Dutch Manuscripts Relating toNew Netherland in United States Repositories (Albany:31978), with references to microfilms and publishedtranslations.A0270 Register of the Provincial Secretary, 1642-1660[1.5 c.f. (1 reel microfilm)]Contains occasional entries of conveyances (deeds) andleases for the periods 1642-1652, 1654-1658.Access: 1) Abstracted and indexed in O’Callaghan, comp.,Calendar of Historical Manuscripts, 1:17-60. 2)Translated and indexed in New York HistoricalManuscripts: Dutch, Vols. 1-3: Register of the ProvincialSecretary, 1638-1660, trans. Arnold J. F. Van Laer, ed.Kenneth Scott and Kenn Stryker-Rodda (Baltimore:1974). (Vol. 1 of this series, covering the years 1638-42,was destroyed in the 1911 Capitol fire. The Van Laeredition was made from a transcription and translation thatsurvived the fire.)Microfilm: Produced by New York State Library; copy inState Archives (call no. A-FM 45, Reel 1).Related records: A1882 Dutch Land Deeds, 1652-1653.A1881 Dutch Colonial Administrative Records, 16731674 [1.5 c.f. (part of 1 reel microfilm)]Contains patents issued under the administration ofGovernor Colve, and a few private deeds from the sameperiod.Access: Abstracted and indexed in O’Callaghan, comp.,Calendar of Historical Manuscripts, 2:28-31.Microfilm: Produced by New York State Library; copy inState Archives (call no. A-FM 44, Reel 10).[C.] New York Patents for Uplandsand Lands under WaterAuthority for issuance of patents: During the colonialperiod letters patent were issued by the Governor, byauthority of the Duke of York, proprietor of New York(1664-1685), and subsequently by authority of thesovereigns of England (1685-1776). Patents wereemployed usually to make grants of land, occasionallygrants of privileges, or infrequently for both purposes (e.g.charters of towns which included both land grants andprivileges of self-government). The colonial land patentsrequired the payment of quitrents, in lieu of the feudalobligations of a tenant of the crown. Colonial land grantsprior to October 15, 1775, were confirmed by the stateconstitutions of 1777, 1822, 1846, and 1894. Statutes of1784, 1785, and 1786 established the Commissioners of

the Land Office and provided for orderly disposition ofthe “waste and unappropriated lands” belonging to thestate of New York. Patents were issued commencing1786, in the name of the People of the State of New York.Starting in 1787, patents for “uplands” (lands abovewater) vested absolute ownership in the patentee with noquitrents reserved to the state. Patents were issuedpursuant to resolutions of the Commissioners of the LandOffice until 1960, when that office was abolished. Sincethen patents have been issued by the Office of GeneralServices.and wharves. An 1850 statute reversed this position, andhenceforth the Commissioners of the Land Office grantedtitle to lands under water either to promote commerce, orfor “beneficial enjoyment” (i.e. for non-commercialpurposes). The position was again changed starting in1900, when water grants were issued either for commerceor for restricted beneficial enjoyment. The current statute[Public Lands Law Art. 6] authorizes “grants, leases,easements, and lesser interests, including permits, for theuse of state-owned land under water” for a variety ofpurposes.Unappropriated and abandoned lands: Under the Englishregime, colonial patents granted lands belonging to theDuke of York or (after 1685) the sovereign. State patentsare issued upon the sale of “unappropriated lands,”abandoned canal lands, and the Onondaga salt springsreservation lands. Unappropriated lands are properties notcurrently used for any state purpose. Property belonging tothe crown as of July 9, 1776, was vested in the statepursuant to a statute of 1779. The claims of various Indiannations were believed to be extinguished by treaties anddeeds of cession beginning in 1785. The ceded lands layin central, western, and northern New York. The landslying west of the “Preemption Line” running north fromthe 82nd milestone on the New York-Pennsylvania borderwere granted by the Commonwealth of Massachusetts.That state claimed those lands by virtue of its colonialcharter. The Treaty of Hartford (1786) recognized the titleof Massachusetts but gave jurisdiction over this territoryto New York. Subsequently the state acquired other landsas investments for the common school fund and the canalfund. The state also has acquired lands through mortgageforeclosure and escheat (reversion of property to the statebecause of lack of heirs of a deceased owner). All thoseacquisitions are considered part of the unappropriatedlands, as are those lands originally acquired for statepurposes and “abandoned” by an agency because they areno longer needed.Published lists and maps of patents: Convenient lists ofmost of the colonial and earlier state patents, alphabeticalby patent name, are found in John H. French, Gazetteer ofthe State of New York (Syracuse: 1860), pp. 49-53. Themost accurate published maps of patents and theirsubdivisions are found in Joseph R. Bien, comp., Atlas ofthe State of New York (New York: 1895) [state and countymaps]. Other maps of patents are found in Robert J.Rayback, ed., Richards Atlas of New York State, 2d ed.(Phoenix, N.Y.: 1965) [state map], and David Burr, AnAtlas of the State of New York (New York: 1829; rev. eds.1839, 1841) [county maps]. Wall maps and atlases ofcounties published in the nineteenth and early twentiethcenturies sometimes depict boundaries of patents and theirsubdivisions.Lands under water: The colony and state of New Yorkhave held title to lands under navigable streams and lakes,and under ocean waters adjacent to New York City,Westchester County, Staten Island, and Long Island.Certain colonial charters to municipalities (notably theNew York City charters of 1686 and 1732) granted themtitle to lands under water between the high and low tidemarks. A 1786 statute empowered the Commissioners ofthe Land Office to grant lands under water to promote thecommerce of the state. Despite the commerce provision,“water grants” were made with no conditions. In 1832 thecommissioners began to require grantees to erect docksand wharves and fill the lands. That requirement wascodified in an amendment to the Revised Statutes in 1835,and starting in 1839 water grants conveyed not ownershipof land under water but only the right to construct docks4B1371 Secretary of the Colony. Charter of theProprietary Colony from Charles II to the Duke ofYork, 1664 [1 item]Access: Recorded in series 12943 Letters Patent, Book 1,starting p. 139. Published in Report of the Regents of theUniversity on the Boundaries of the State of New York . . .1873 (Albany: 1874), 10-21 (two slightly variant versions);The Colonial Laws of New York (Albany: 1894), 1:1-5; andJerrold Seymann, comp. Colonial Charters, Patents andGrants to the Communities Comprising the City of NewYork (New York: 1939), 193-98. Reproduced in facsimilefor the New York State Museum. The second charter to theDuke of York, dated 1674, confirming the charter of 1664,is recorded in Archives series A0453 Deeds, Book 1.12943 [formerly A0450] Secretary of State. Record ofLetters Patent, 1664-1997 [100 vols. 41 c.f. (24 rollsmicrofilm)]Series contains recorded copies of letters patent grantingreal property and/or various privileges. Many of thepatents issued immediately after the English conquest of1664 confirmed grants made under Dutch rule. Many ofthe colonial patents granted lands that were then part ofNew York, but later became parts of other colonies andstates (particularly New Jersey and Vermont). Some of thepatents issued in the years around 1700 were later

revoked. The colonial patent books include charters ofincorporation for the cities of New York and Albany,several towns, and a few churches. The books includegrants of land under water, the earliest dating from 1717,mostly in New York harbor and in the Hudson River.These so-called “water grants” become numerous after ca.1800 (recorded in separate books within this series starting1832). This series also contains Comptroller’s deeds forlands of non-resident owners sold for unpaid taxes(recorded in separate books in this series starting 1878)and patents for abandoned canal lands (starting ca. 1849).Access: 1) Most but not all books contain an index topatentees. 2) Land grants are indexed in series A4684(colonial grantees), A4685 (state grantees), A4686(colonial locations), A4687 (state locations), A4696 (landsunder water—locations). These microfilmed indexes endca. 1973. 3) Patents for lands within the present fiveboroughs of New York City are published in Seymann,comp., Colonial Charters, Patents and Grants to theCommunities Comprising the City of New York. 4) Patentsfor lands lying within present-day Vermont are publishedin Mary Greene Nye, ed., State Papers of Vermont, Vol. 7:“New York Land Patents 1688-1786 Covering Land NowIncluded in the State of Vermont (Not Including MilitaryPatents)” (n.p.: 1947).Microfilm: Produced by Genealogical Society

K. Canal Permits [p. 17] L. Deeds for Comptroller’s Tax Sales and Related Records [p. 17] M. Other Deeds and Miscellaneous Records [p. 19] N. Holland Land Company Records [p. 20] O. Local Government Records [p. 20] P. Types of Deeds of Conveyance [p. 21] Q. Recording Statutes [p. 22] R. Transfer of Real Property by Will [p. 23] S. Court .

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