by Chris Pickup
In search of more information on the land patenting process I went to a friendly researcher who sent me the “Prior Title Pages” meaning the title abstract for the Market Square – prior to automation of the records.
The first page is Book 1 Page 54 – they used to use double sided pages in a big binder for abstracting purposes – so page 54 is in 2 parts – on the left side of the page the instrument numbers are lined up in the first column……You will note that the Patent is described on here and immediately below is the entry for plan 13255 – being a subdivision of Part of the Market Block.
On the newer title page it is more defined as the Market Block lying North of King St,. because the remainder has been subdivided and title to that part will always be recorded under the new definition of whatever lot it is on plan 13255. They will have opened up a new book for plan 13255 and pages for the individual lots. All documents going forward will be abstracted here for these lots.
Also, on the Map for plan 13255 it identifies that it “came from” part of the Market Block – every plan of subdivision must indicate what it was subdivided from – it’s how it’s traced back to the beginning. In larger centres it is possible a property can be subdivided several times. Because each underlying property is on the map it can be “traced back” and the title history found for each parcel.
You will note on the most recent page prior to automation of the Market Block, at the top it tells us to go to page 54 Book 1 for previous entries.
Also included is the “lease” that is on there – the Village of Cayuga to the “Queen” for that part of the Market Square north of King St. – there is a sketch attached to the lease.
In reality, if Haldimand County Admin took the time to do their homework they would have known the land was patented.
We already have a copy of the page from the Patent Book from D. McClung. Now we have the Land “Title Abstract Book” that shows the Patent recorded there. When these Abstract Books were created – a ‘Page” was opened up when the Patent was received. It was the Patent that started the title. After the patent was recorded private individuals could continue to deal with the lands and the documents were recorded on these pages. We know when we are searching a property that when we get to the Patent, that is the “beginning” of the Title.
However, after the Patents were recorded they were returned to the Government Office responsible for keeping them. Therefore the Land Registry Office does not usually have a copy of them. In some cases a certified copy was obtained and registered onto the title such as in the case of the Court House Grounds.
And now we know the rest of the story ….