HomeMy WebLinkAboutMay14SLOWhatHistory is replete with individuals and nations
warring over the control of each other’s land.
At the end of the day, those who struggle don’t
survive; land does.
However, locally the path to “clear title” to property
was an evolutionary process since without
regulations, “ownership rights” can become
a nightmare. Today, extensive bureaucratic
organizations exist to ensure such rights do
not become ensnared in a quagmire of legal
challenges.
To repeat previous background information, in
1850 most land within the 31st state belonged
to the Federal government. A patent from
Washington was required to transfer ownership to
individuals, corporate entities, and municipalities.
For San Luis Obispo, the Federal 1867 survey
of the state redefined the municipal boundaries
from those of William Rich Hutton’s survey and
map of 1850 (See this month’s Journal Plus for
a more extensive presentation of this talented
man). However, surveys and maps do not transfer
legal title to land. Eventually, with the payment
of $690.82 ($1.25 per acre), the approximately
550 acre municipality was legally born. Already,
approximately 50 acres had been granted to the
Mission.
On March 23, 1868, an “Act to Settle the Title
to Lands” for the Town was passed by the State
legislators. Its provisions provided for the municipal
procedures necessary for individuals to obtain title
to local property and confirm ownership of land.
Now the task was to establish
ownership of individual lots
within the corporate limits. To
do so required a description
of the property (sometimes
accompanied by a map),
payment of a fee, action by the governing board,
and a Certificate of Purchase. If there was no
challenge to the request within six months,
ownership was affirmed and a deed could be
granted (upon payment of $2.50).
The documents preserved in the City Clerk’s
Office present some 325 separate petitions with
a fascinating array of facts about the community
included as part of the required process. A
compilation of the petitions provides various bits of
information, possibly some about property under
your residence. Initial dates included the date of
the property’s description and its presentation to
the governing board (at the time referred to as
the Board of Trustees). Most descriptions were
prepared by Robert R. Harris or Hubert C. Ward.
With the town’s purchase, a community map in
1874 by Harris and Ward became the official
standard.
Two compilations are currently available: one by
date of presentation and one by the petitioner’s
last name. An auxiliary benefit from the petitions
are meeting dates of the community’s leaders
as no official Minutes have been found before
May 4, 1870. It should be noted that there are
indications that the preserved documents are not
an exhausted list of applications.
Penmanship occasionally obscures correct
spelling of surnames, let alone differing versions
by the surveyor and clerk. Some are signed with
a mark verified as valid by another, quite often
an attorney. There are a few women petitioners.
Initially, a petition accompanying the property
description was handwritten. But beginning in
1870, a preprinted form was available. Some
indicate when the petitioner (or ancestors) first
“settled upon” the requested property and are
another resource for genealogists.
More next time on the lot descriptions and maps.
Contact: jacarotenuti@gmail.com
History of San Luis Obispo By: Joseph A. Carotenuti
City Historian/Archivist, Volunteer
Early map of SLO City block, by George Larkin