First, let's take a look at a few background facts that can be found in various sources.
- 1763 New France (Quebec) including present-day Ontario becomes a colony of Britain (Treaty of Paris of 1763)
- 1775 – 1783 American Revolutionary War
- 1783 The Treaty of Separation (Treaty of Paris of 1783, signed 3 Sept. 1783 and effective 12 May 1784) officially ends the Revolutionary War between Great Britain and its former colony, The United States of America. Loyalist refugees and British soldiers migrate to Nova Scotia and Quebec
- 1783 – 1784 Loyalists and soldiers migrate to and spread into western Quebec (now Ontario)
- 1788 Western Quebec (now Ontario) is divided into four land districts and the land boards were formed
- 1789 Unity of Empire (UE) designation and privileges for Loyalist settlers created by Lord Dorchester. (The Treaty of Separation is an important time point for who qualifies as UEL.)
- 1791 Quebec is divided into Upper Canada (now Ontario) and Lower Canada (now Quebec)
- 1792 The four land districts are renamed
- 1798 By now there are eight land districts
- 1802 Col. Thomas Talbot petitions for land grant and becomes a land promotor establishing The Talbot Tract (in present-day counties of Norfolk, Elgin, Middlesex, Kent and Essex)
- 1803 Clergy Reserve land leasing finally occurs
- 1812 – 1814 Britain and the United States go to war (War of 1812)
- 1819 Grants to 1812 War veterans authorized
- 1819 Clergy Corporation formed to manage Clergy Reserves
- 1823 Peter Robinson emigrants from Ireland begin to settle Lanark and Peterborough counties
- 1824 The Canada Land Company incorporates to colonize the Huron Tract and Crown Reserve Lands
- 1826 By now there are eleven land districts
- 1827 Free land grants stopped to all but military and loyalist claimants; open land market begins
- 1837 Upper Canada Rebellion
- 1838 By now there are twenty-six land districts
- 1841 Name change again -- Upper Canada becomes Canada West and Lower Canada becomes Canada East
- 1849 The district system (in what is now Southern Ontario) is abolished for county administration
- 1867 Canada West becomes Ontario
This timeline is far from complete but I hope it illustrates that when doing land research it is necessary to understand the history of the land you are researching. Knowing some history and using old maps/diagrams are essential to understanding where your ancestor settled (and sometimes why) and keeping places straight (maybe Grandpa didn't move but the place name changed.)
So now let's look at the process of seeking a land patent and the documents that exist for us to search.
Did you only do a simple check of an index, such as the Ontario Land Record Index or the Upper Canada Land Index? Stopping at an index match does not guarantee that match is your ancestor. Stopping when you find no index match does not mean your ancestor did not
try to get land. Are you aware of which record collections are included in a particular index? A rejected petition leaves a smaller paper trail (no entries further in the process -- no patent) but a rejected petition likely contains similar information to those that were recommended to receive land.
Did you just look at a Land Patent Plan? Finding a name and a year on a "map" does not tell you the details.
Did you only look for a Land Petition? A petition was just the first step in the process and even though it may contain a lot of the "goodies" we seek, we may not know for sure if that individual received a recommendation/order for a land grant (and where); if fees/obligations were needed and completed to receive the patent (ownership) of the land; or if the petition was later dismissed. Additionally, if a petition has been lost in time evidence may exist in other documents that a patent was obtained.
As you can see there are lots of details that can be missed if you do not do thorough research.
Let us be clear, we are looking at the process of an individual obtaining land from the Crown government not land transactions from person to person that happened later. For detailed explanations of the process of obtaining a land patent read the various help guides and resources listed at the end of this post. Though I've structured this post to follow the petition process, my goal is to organize online (and offline) record collections that I know of in one hopefully useful place.
Normal research usually starts with an index and moves to a record. But with multiple steps there can be multiple indexes and associated records. Stopping too soon or not realizing there is more can leave you with less of your ancestor's story.
As with many records where you begin in the process often is dependent on what you know of your ancestor, what you know of where he/she settled, and what resources are accessible to you. With some of these particular steps going online, especially with electronic indexes, I think the research flow will alter/shift to doing the steps available online first and then hopefully the "offline" steps will be tackled. And hopefully more of these documents are digitized and put online.
Here's my simplified look at the multi-step process of obtaining a land patent in Upper Canada and the documents created that we now seek out. As you can see some of these steps can be done online and some must still be done onsite.
The process started with an individual making a request for land in writing stating who they are and why they deserve land. Known as a Land Petition.
These individuals were not just Loyalists and Military men. Different regulations were passed over the years to entice a variety of people to settle this wilderness. Petitions most often are for grants of land for a Land Patent but you will also see requests for leases of land. Also, there were land sales/leases by private entities like the Canada Company, Peter Robinson, Thomas Talbot which may have resulted in other records in other collections.
The main collection known for land petitions is the
Upper Canada Land Petitions which has been digitized and electronically indexed by the Library and Archives of Canada. But petitions can be found in a variety of collections like the Upper Canada Sundries which are included in that
online index to the Upper Canada Land Petitions.
Before the online index, there were two main indexes to look at for land petitions. The first is Finding Aid MSS1802 commonly called the Upper Canada Land Index. It consists to two card index sets which not only indexes the petitions but also the Land Books (to be mentioned below.) The microfilms of this finding aid have been digitized and can be searched manually.
The second index is the Ontario Land Record Index (OLRI) by the Archives of Ontario on microfiche. The OLRI only indexes part of the land petitions but also indexes some land related material in the Canada Company and Peter Robinson fonds. There are two versions: alphabetical index by settler's surname and alphabetical index by township. The OLRI is available at the Archives of Ontario and can be rented through the FamilySearch for viewing at a local Family History Center. It has not been digitized.
I also recently learned to check the
Land Petitions of Lower Canada 1764-1841 too. This collection is digitized and has an online index. From description at the LAC website, "it includes petitions for part of the colony that later became Upper Canada up to and including 1791." So if you have early, early Upper Canada ancestors be sure to check out this collection.
Most petitions are held by the Library and Archives of Canada but some are held by the Archives of Ontario. See my previous post on
Indexed and Non-Indexed Items Related to Upper Canada Land Petitions for some other collections that hold petitions and the details of where to find them online. A few of these are the Heir and Devisee "First Commission," Heir and Devisee "Second Commission," Thomas Talbot fonds, to name but a few. Also, read the resources at the end of this post for other collections not currently online.
Do you have to check every collection if you've found your ancestor's petition in one of the above collections? Probably not. But if you have proof that your ancestor received a patent but have not found a petition, there are other collections to check before you decide his/her petition was lost at some point in time. So if needed give them a try.
Here is a listing of the various collections mentioned with some additional ones containing land petitions:
Upper Canada Land Petitions, 1763-1865
Land Submissions to Executive Council 1783-1865, predominant 1783-1841 (formerly RG1 L3 and RG1 L6B now R10875-4-5-E), MIKAN 205131
For more information, see my earlier
Digging Deeper post.
Upper Canada Sundries
Civil Secretary’s Correspondence, Upper Canada, Upper Canada Sundries, 1766-1841 (formerly RG5 A1 now R10875-2-1-E), MIKAN 125539
For more information, see my earlier
Digging Deeper post.
Upper Canada Land Index (Finding Aid MSS1802)
Online Index: No (has digitized microfilm of an index)
Digitized Microfilm: Yes, at Héritage website
Finding Aid MSS1802 also known as the Index to the Upper Canada Land Petitions (RG1 L3) is part of a digitized microfilm collection labeled Upper Canada Land Books. The finding aid consists of microfilm reels of two index card sets which not only index the Upper Canada Land Petitions (RG1 L3) but also the Executive Council Minute Books on Land Matters (formerly RG1 L1 now R10875-2-1-E) to be mentioned below. This index (the digital microfilm) has not been electronically indexed so it must be searched manually.
For more information, see my earlier
Digging Deeper and
Cheat Sheet posts.
Ontario Land Record Index (OLRI)
Online Index: No
Digitized Microfilm: No
Compiled by the Archives of Ontario, the OLRI indexes part of the Crown Land papers, Canada Company papers and Peter Robinson papers. There are several pathfinders and research guides by the Archives of Ontario (see below) that explain how to use the index (on microfiche) and its various codes. The OLRI is organized in two ways (pathways) by Name of a Person and by Name of a Place (township, town, city). The
OLRI can be rented through FamilySearch from the Family History Library; there are 129 microfiche total.
Lower Canada Land Petitions, 1764-1841
Online Index: Yes, at LAC website (info and search)
Digitized Microfilm: Yes (linked to search results)
Executive Council Office of the Province of Lower Canada (RG 1 L3L) 1637-1842 predominant 1792-1843 (formerly RG1 E17, RG1 E14, RG1 E13, RG1 E11, RG1 E12, RG1 E15A, RG1 L7, RG1 E6B, , RG1 E1 and RG1 E2 now R10870-0-1-E), MIKAN 204826
Petitions and related records accumulated and created by the Executive Council in the administration of its land disposal functions. Commonly referred to as the "Lower Canada Land Petitions" the records are more varied. Microfilm reels C-2504 to C-2571 containing volumes 29 to 210 have been digitized. The images are linked to the search results. Records in volumes 10 to 28 were not indexed see next listing.
Land Petitions and Related Records of the Executive Council
Online Index: No
Digitized Microfilm: Yes (at Héritage website)
Also part of the Lower Canada Land Petitions is
Executive Council Office of the Province of Lower Canada (RG 1 L3L) 1637-1843 predominant 1792-1843 (formerly RG1 L3L, RG1 L7 and RG1 E2 now R10870-6-2-E), MIKAN 204929
Petitions and related records accumulated and created by the Executive Council in the administration of its land disposal functions. Commonly referred to as the "Lower Canada Land Petitions" the records are more varied.
25 digitized reels: Reels C-2494, C-2498 to C-2503 contain volumes 10 to 28 which were not indexed in the above Lower Canada Land Petitions collection but a link to the
contents of the volumes on these reels is included in that collection's "about this database" information. (This list is not included with this collection's About information though it really should be.) Finding Aid MSS1801 is microfilmed (and digitized) on reels H-1155 to H-1172 and is an alphabetical card index to volumes 1 to 10 and volumes 29 to 209. These microfilmed index cards must be searched manually.
Heir and Devisee "First Commission"
Records of the Heir and Devisee Commission Accumulated by the Executive Council, 1777-1854 (formerly RG1 L5 now R10875-8-2-E), MIKAN 205142.
Consists of records of the Heir and Devisee Commission forwarded to the Executive Council Office in the course of business, as well as records accumulated by the Executive Council Office after the demise of the first commission in 1805. For more information, see my earlier
Digging Deeper post.
There are other various collections by the "First Commission" at the Archives of Ontario find them by doing an Advanced Search using Record Creators in the Archives Descriptive Database with key words "Upper Canada. Heir and Devisee Commission" and selecting the 1797-1805 commission.
Upper Canada, Heir and Devisee Commission "Second Commission"
Online Index: No, except for one collection of case files at Archives of Ontario
Digitized Microfilm: No
There are a variety of record collections by the Upper Canada, Heir and Devisee Commission, 1805-1911, at the Archives of Ontario. The "Second Commission" was responsible for hearing and determining claims by heirs, devisees or assignees of original nominees. These various collections can be found by doing an Advanced Search using Record Creators in the Archives Descriptive Database with key words "Upper Canada. Heir and Devisee Commission" and selecting the 1805-1911 commission.
Though none of these various collections have been digitized, there is an online index to the just the Second Heir and Devisee Commission Case Files, RG 40-5.
More information on the database can be found here.
Thomas Talbot Fonds
The
Thomas Talbot Fonds, F 501 at the Archives of Ontario were digitized by the Elgin County Archives as part of the Archives of Ontario's Digitization Loan Program. It includes 45 large-format plans and one lease settlement register. Col. Thomas Talbot became a land promoter in about 1802 establishing The Talbot Tract in the present-day counties of Norfolk, Elgin, Middlesex, Kent and Essex.
For more information, see my
Thomas Talbot Fonds post.
Township Papers, ca. 1783 to ca. 1870
Online Index: No
Digitized Microfilm: No
Township Papers, ca. 1783 to ca 1870. Series RG 1-58 was formerly Series RG 1 C-IV. Miscellaneous group of land-related records, which have been arranged by township name then by concession and lot, or by town name and lot number. Not all lots have documents and what documents exist for a lot vary. Types of documents include copies of orders-in--council; copies of location certificates and location tickets; copies of assignments; certificates verifying the completion of settlement duties; copies of receipt; copies of descriptions; copies of patents; copies of incoming correspondence. A Finding Aid (microfilm listing) for RG 1-58 is available online through the Archives Descriptive Database or in the Archives of Ontario Reading Room.
This microfilm collection also can be rented through the Family History Library.
Additional collections at the Archives of Ontario to consider searching are:
RG 53-3 (Cancelled Land Patents) covering 1868-1944;
RG 53-9 (Mining Leases and Patents) covering 1891-1984;
RG 53-52 (Land Patents - Free Grants) covering 1867-1970;
RG 53-53 (Land Patents - School Land Sales) covering 1867-1870; and
RG 53-54 (Land Patents - Militia Grants) covering 1905-1928. These collections at the Archives of Ontario are not digitized.
Do check the Library and Archives of Canada online catalog for other additional non-digitized Upper Canada land-related collections. But at the Library and Archives of Canada there are other digitized microfilm collections related to land though the vast majority are not indexed. Here are two examples.
Index to Grants, Deeds, Leases and Licenses of Occupation Unclaimed or Impounded in the Executive Council Office
Online Index: No (this digitized microfilm is a card index)
Digitized Microfilm: Yes, at Héritage website
Finding Aid MSS1803 (card index) to Grants, Deeds, Leases and Licenses of Occupation, Unclaimed or Impounded in the Executive Council Office, 1791-1897, predominant 1791-1848 (formerly RG1 L2 now R10875-6-9-E), MIKAN 205137
For more information, see my earlier
Digging Deeper post.
Land Documents Concerning Quebec, Upper and Lower Canada, Canada East and Canada West and Canada
Registrar General, Land Documents, 1763-1952 (formerly RG68 now R1002-147-2-E), MIKAN 787982
For more information, see my earlier
Digging Deeper post.
The Land Petitions were sent to the land granting authority at the time (Land Board, Executive Council, etc.) which meet, read the petitions, and made decisions which were recorded in a Minute Book/Land Book.
The Minute Books/Land Books of the Land Board (or later the Land Committee of the Executive Council) are where you look to see if a petition was approved (ordered by the Lt. Governor or recommended by the board/committee when the Lt. Gov. was not present) or dismissed. You also may learn if a grant/patent was surrendered.
The Minutes and Records of the Land Boards Accumulated by the Executive Council Office, 1765-1804 (formerly RG1 L4 now RG10875-7-0-E) have been digitized and put online. There is an online index at the Library and Archives of Canada website.
The Land Minutes Books of the Executive Council, 1787-1841 (formerly RG1 L1 now R10875-2-1-E) have been digitized and put online. Though there is no online electronic index, Finding Aid MSS1802 has been digitized. This finding aid consists of two card index sets that index this land minute book collection and the Upper Canada Land Petitions.
The Archives of Ontario also holds a couple other Land Board Minutes related collections which have not been digitized. Use the Archives Description Database to find these collections using "Land Board Minutes" as the keywords.
Here is a listing of the various collections mentioned regarding Minute Books/Land Books.
Minutes and Records of the Land Boards Accumulated by the Executive Council Office
Online Index: Yes, at LAC website (info and search)
For more information, see my earlier
Digging Deeper post.
Upper Canada Land Books
Online Index: No (has digitized microfilm of an index)
Land Minute Books of the Executive Council, 1787 – 1841 (formerly RG1 L1 now R10875-2-1-E), MIKAN 205068 is part of a digitized microfilm collection labeled Upper Canada Land Books. Besides the digitized microfilm for the Land Minute Books, this collection includes the digitized microfilm of Finding Aid MSS1802 Index to the Upper Canada Land Petitions (RG1 L3) and the Executive Council Minute Books on Land Matters (formerly RG1 L1 now R10875-2-1-E) commonly called the Upper Canada Land Index. This index has not been electronically indexed so it must be searched manually.
For more information, see my earlier
Digging Deeper and
Cheat Sheet posts.
If approved (ordered/recommended) an order-in-council, warrant or certificate was issued approving a grant of land for a certain quantity. It was presented to a surveyor for assignment. It was recorded in a Land Patent Book.
Depending on which regulation under which an individual received his/her grant there may have been fees and/or obligations (improvements) that had to be completed before the actual receipt of a Land Patent by a settler.
Land Patent Books are what tell you where that awarded land grant was located. But because the microfilm of the books and associated indexes have not been digitized and put online, a researcher is left hanging until a research trip can be made or a researcher can be hired to go to the Archives of Ontario to use the microfilms.
Here is a listing of the various collections for Land Patent Books.
Land Patent Books, 1793-1984
Online Index: No
Digitized Microfilm: No
Ontario Government Series RG 53-1
Land Patent Books, 1793-1984. To use these volumes, you first need to consult one of three patent indexes: Index of Land Patents by Name RG 53-56; Index of Land Patents by Township RG 53-55; or Index of Land Patents by District RG 53-2. See below for more information. There is an
online finding aid listing the volume descriptions and associated self-serve reels of microfilm for patents issued before 1867.
Index of Land Patents by Name
Online Index: No
Digitized Microfilm: No
Ontario Government Series RG 53-56
Index of Land Patents by Name. An index to the Land Patent Books, 1793-1984 RG 53-1 arranged by name for land patents dating from 1826-1967. The index provides the name of the patentee; date of patent; lot, concession, township; type of transaction; liber (book) and folio (page) where the patent is located in the original patent books; and the number of acres. The index consists of two formats: bound volumes containing the index of names from 1826-1953 and index cards containing the index of names from 1954-1967. There is a
microfilm and volumes list at the Archives of Ontario and a microfilm and volumes list for up to the year 1912 online through the Microfilm Interloan Service.
Index of Land Patents by Township
Online Index: No
Digitized Microfilm: No
Ontario Government Series RG 53-55
Index of Land Patents by Township. An index to the Land Patent Books, 1793-1984 RG 53-1 arranged by township for land patents dating from 1793-1852. Each volume contains a list of contents and provides the name of the patentee; lot, concession; date of patent; type of transaction; number of acres; liber (book) and folio (page) numbers for the location of the patent in the original patent books. Patentee names are arranged within each township in chronological order by patent date. There is a
microfilm and volumes list online through the Microfilm Interloan Service.
Index of Land Patents by District
Online Index: No
Digitized Microfilm: No
Ontario Government Series RG 53-2
Index of Land Patents by District. An index to the Land Patent Books, 1793-1984 RG 53-1 arranged by district for land patents dating from 1793-1825. Each volume provides the name of the patentee; date of the patent; number of acres; and lot, concession, township, and district; liber (book) and folio (page) numbers for the location of the patent in the original patent books. There is a
microfilm and volumes list online through the Microfilm Interloan Service.
Once inspected that fees/obligations were completed (if necessary) a Land Patent was issued transferring ownership to the settler.
Besides being recorded in a Land Patent Book, a settler's grant/patent location was also recorded on a land patent plan (map) created for each township in each county. Since space was limited on these plans you will simply find a name with perhaps the date of the year received. Remember to read the description of the collection to learn more details.
Upper Canada Land Patent Plans
Online Index: No
Digitized Microfilm: Yes, at Archives of Ontario website (info and search)
These images (high-res jpegs that are zoom-able and downloadable) are of the plans in the Ontario Government Record Series
RG 1-100 Patent Plans. Patent Plans are essentially maps showing the status of Crown Lands (patented, leased, licensed) by indicating the name of the individual who first received the patent/lease/license for a particular plot of land and often the year received. There is no surname index for these images. Use the
Archives of Ontario Visual Database using just the keyword search, or use the Advanced search option using a keyword and RG 1-100 in the Reference Code filter to limit the results to just the patent plans. I suggest using just the name of the township as the keyword. Spelling counts, some townships have various spellings or mis-spellings so check all possibilities.
For more information, see my earlier
Patent Plans post.
Occasionally, you will see a petitioner request a specific parcel of land. If a note on the outside of the petition (when it was folded) indicates approval rather than rejection, then check the patent plan for that township to see if your ancestor's name is indeed written on that parcel of land indicating he/she was awarded that patent.
With a copy of the land patent and the land patent plan you have traced your ancestor's acquiring of land from the Crown. Beyond this point, the next question would be when did my ancestor sell the land that he/she got/bought from the Crown?
That answer would sit in the county land registry offices. Each county has a Land Abstract Index organized by township, concession and lot that tracks the ownership of a particular parcel of land from the Crown to the first owner who received the grant and then on and on. It indexes the copy books that hold copies of the individual deeds, instruments, memorials, etc. Usually there is not a surname index (grantor or grantee) for Canadian county land records like there is for land in the United States. But by having the patent information you have the legal description (county, township, concession and lot) which is what you need to search these later land records. These land abstract indexes are available at the Archives of Ontario and many can be rented through FamilySearch from the Family History Library.
Can a patent be found without taking all these steps? Yes, but as I pointed out at the beginning you may risk losing some of the story.
What if you are not back that far to know if an ancestor was here in the time of Upper Canada Land Petitions? As you are working your way back in time, there are other types of sources that can provide you the legal land description (county, township, concession, lot) of where you ancestor was living. From there you would search the appropriate county land abstract index page for that legal description to see if your ancestor is listed as owning it, particularly listed as the first owner receiving it from the Crown. (If your ancestor is not listed for that property, he/she may have likely rented the land from the noted owner at the time or was living with them.)
The following are some of the sources where a legal land description can be found associated with a person. Remember this does not mean they got a patent for the land but that they lived there.
- County Atlases: If your ancestor lived until the 1870s/1880s and still owned the land, his/her name will likely appear on a county historical atlas. Many have been digitized and are on the The Canadian County Atlas Digital Project.
- County Directories: Some can be found digitized online at various places like Internet Archive. Ancestry.com has a large collection of county directories for Canada.
- Census Agricultural Schedules 1851-1871 and 1901: Though not available for every locality besides giving the concession and lot in the township you also learn what your ancestor was producing.
- Local Histories: Often the earliest settlers are noted and where they located. Many of these county and local histories have been digitized and can be found online.
- Assessment Rolls: When they exist they can be helpful. You might find abstracts/transcriptions online or in books. Some may even be microfilmed.
Finally, I put together in one spot a list of resources regarding Ontario land records, in particular those dealing with the earlier times of Upper Canada.
Resources for Upper Canada Land Research
Archives of Ontario
Research Guides and Tools
Research Guide 215 From Grant to Patent: A Guide to Early Land Settlement Records, ca. 1790-ca. 1850
Research Guide 225 Researching Crown Land Records
Research Guide 231 Finding Land Registration Records
Archives of Ontario
Pathfinder to Petitions for Land
Pathfinder to Land Patents at the Archives of Ontario
Research Guide 205 Using the Ontario Land Records Index ca. 1790-1920
Archives of Ontario
Pathfinder to the Ontario Land Records Index (OLRI)
Understanding the Archival References Code in the Ontario Land Records Index
FamilySearch Research Wiki's
Ontario Land Records
FamilySearch Research Wiki's
Ontario Land and Property
My Previous Posts on Upper Canada Land Research
1.
Ontario Land Settlement Surveys from the Thomas Talbot Fonds Digitized by the Elgin County Archives
2.
Digitized Land Patent Plans at Archives of Ontario
3. First Article
Two Tips for Searching the Holdings of Two Canadian Archives from their Websites
4. Second Article
Digging Deeper into the Digitized Microfilm at the Library and Archives of Canada: Indexed and Non-Indexed Items Related to Upper Canada Land Petitions
5. Third Article
Third Tip for Searching: Reel Content Specifics for Some LAC Digitized Microfilm Collections
6. Fourth Article
Part Four (the Last): Searching for Land Patents in Upper Canada ... It's Not All Online Yet
Please note: It is possible some links in this post may not work; in particular those to the Archives of Ontario Archives Descriptive Database due to session time outs. In those cases use the RG, F or MIKAN numbers in the appropriate catalog search to bring up the desired record group description.
Good luck with your research!
