A Patent conveys the exclusive right to a property, but does not convey the title. [no ownership] It only grants the right to exclude others. It announces a person’s right to own something. The survey is needed to describe exactly what the individual will have a right to obtain.  The survey is filed either with the patent, or in a separate survey book.  In order to own something, it is necessary to describe exactly what will be owned.



A grant is an out-right gift of land. The transfer of ownership is clearly described in the language of the gift. The process in Virginia was:

1. Request land

2. Patent written out - [but this is not a deed]

3. Survey conducted to clearly determine the area of exclusive use

4. Settlement within the time stated in the patent  -  immediately, 2 years or 3 years are common.  Another condition of ownership, the payment of fees,  are frequently mentioned.



With a patent, something else is needed to "perfect" the transaction, whereas a deed is the transference of ownership.  The patent [right] can be transferred.  So, just because there is a patent, and even a survey does not mean the land was taken-up.  However, if it is not settled as promised,  it usually is granted to someone else. Many patents mention if it is new land or "an old land" patent.



Langdon Hagen-Long



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