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January 2008

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Subject:
From:
"W. Scott Smith" <[log in to unmask]>
Reply To:
W. Scott Smith
Date:
Thu, 3 Jan 2008 09:55:43 -0500
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(Please accept my apologies if you receive more than one copy of this
email...I am attempting to canvass individuals from several disciplines)

List members,

Like many of you, I have, over the years, come across any number of mentions
of houses and buildings on property in deeds ranging from the 17th century
up to today. Generally speaking, my impression has been that the older
deeds, particularly pre-1800, do not generally speak about specific houses
that are on the property. Statements such as the one below are boilerplate,
coverall, statements that are intended to convey everything on the tract of
land, but do not necessarily guarantee the presence of any of these objects
which would otherwise be tantalizing tidbits for researchers and
architectural historians:

1743, Albemarle County- "To have and to hold the said four hundred acres of
Land and premises be there more or less within the aforesaid bounds with the
appurtenances [thereon] with all houses buildings edifices orchards gardens
woods waters watercourses profits commodities emoluments and advantages
whatsoever"

However, when a deed makes reference to "the land on which I now live", "the
home tract" or some similar statement, I take this as proof that a house of
some sort stood on the property.

I wanted to touch base with you to see if this is also how you interpret
this language when you read it, as I have a very good and active client who
is in disagreement with me about the meaning and intent of the "edifices,
orchards, gardens, houses" language. If my interpretation of this language
is generally correct, then we can focus our research energies in other
areas. If my interpretation is deemed incorrect, then we have a different
research track to take.

Finally, I often run across situations where a grantor will make a
distinction between his "land" and his "land and plantation." I am leaning
towards interpreting the presence of the word "plantation" to mean that
there is a farming operation occurring on the tract, and that there may be
an overseers cabin and other buildings (but perhaps not a fine house). Does
anyone have any thoughts on this?

Thank you for your time.



-- 

W. Scott Smith, Managing Partner
The Antiquaries, LC
Historical Research & Consulting
P.O. Box 75, Lynchburg, VA 24505
Home Office 434-528-3995
Mobile 434-401-3995
www.theantiquaries.com

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