Land grants guide, 1788-1856

Prior to the introduction of Responsible Government in 1856 the main agencies responsible for the administration of land in the New South Wales were the Colonial Secretary, the Surveyor General and the Commissioners of Crown Lands. Land records were divided into two major categories.

Alienation

The alienation of Crown lands (leading to the granting of freehold title) - referred to as land grants.

Occupation

The occupation of Crown land was often on an annual basis where freehold title was not granted - this was later referred to as tenure.

Historical background

Governor Phillip

Governor Phillip, in his Instructions dated 25 April 1787, was empowered to grant land to emancipists. The first land was granted in 1792. Phillip insisted however, that land must have a particular use. As a result only small grants (totalling approximately 4,000 acres) were made in almost five years. It was not until the late 1790s that larger grants were made, although these were frequently subject to exploitation and land speculation.

Who was entitled to a land grant?

Free Settlers and Emancipists

Free settlers and ex-convicts who were 'of good conduct and disposition to industry' were entitled to a land grant. Each male was entitled to 30 acres, an additional 20 acres if married, and 10 acres for each child with him in the settlement at the time of the grant (Historical Records of Australia 1.1.14). To encourage free settlers to the colony, Phillip received additional Instructions dated 20 August 1789 (HRA 1.1.124-8) entitling non-commissioned Marine Officers to 100 acres and privates to 50 acres over and above the quantity allowed to convicts. Other settlers coming to the colony were also to be given grants.

Women

Women were also entitled to receive a grant of land - the first possibly being Ellenor Frazer on 20 February 1794.

Military

From 20 August 1789, non-commissioned Marine Officers were entitled to receive 100 acres more (and Privates up to 50 acres more) than the quantity allowed for convicts. Commissioned Officers were excluded from land grants under the original instructions. It was not until 1792 that land grants were made to officers by the Acting Governor Francis Grose.

Land grants issued during the Rum Rebellion 1808-1809 were cancelled by Governor Macquarie but those which had been granted to "very deserving and Meritorious Persons" he later renewed (HRA 1.7.268).

Fees for land grants from 1825

In 1825 the sale of land by private tender began (Instructions to Governor Brisbane, 17 July 1825, HRA 1.12.107-125). There were still to be grants without purchase but they were not to exceed 2,560 acres or be less than 320 acres unless in the immediate vicinity of a town or village. The Instructions required the Governor to arrange for a new Survey of the colony and the division of the settled districts into Counties, Hundreds and Parishes. The unoccupied lands were then to be valued and eventually sold by tender, if not otherwise reserved, at not less than the average value for that parish. This scheme was slow in being implemented (HRA 1.16.274).

Limits of location and the nineteen counties

On 5 September 1826, a Government order allowed Governor Darling to create the limits of location. Settlers were only permitted to take up land within this area. A further Government order of 14 October 1829 extended these boundaries to an area defined as the Nineteen Counties.

No free land grants after 1831

In a despatch dated 9 January 1831, Viscount Goderich instructed that no more free grants (except those already promised) be given. All land was thenceforth to be sold at public auction (HRA 1.16.22) and revenue from the sale of land was to go toward the immigration of labourers. Likewise the practice of granting land as "marriage portions" to the children of colonists was discontinued (HRA 1.16.353, 793). The new regulations were notified in a Government Notice of 1 July 1831 and published in a Government Order dated 1 August 1831.

Following this, land was sold by public auction without restrictions being placed on the area to be acquired. After 1831 the only land that could be made available for sale was within the Nineteen Counties. This restriction was brought about to reduce the cost of administration and to stem the flow of settlers to the outer areas.

Indexes / Registers of land grants and related records

Colonial Secretary

• NRS 1217 Indexes to registers of land grants and leases 1810-1856 *ARK

[4/1709]; Reel 1480; [7/497-502]; Reels 2561-2562

Item list

• NRS 1215 Registers of land grants, 1792-30 Dec 1809

These are the earliest grant registers which due to their very fragile condition are not issued.

Item list

• NRS 13836 Registers of land grants, 1792-c.1856

Item list

Please note: Items filmed on Reels 2560-2562 and 2548-2550 are available in the *ARK

• NRS 1216 Registers of land grants and leases, 1832-1856

[7/505-663]; Reels 2705-2714, 1727-1778, 1453-1455

• NRS 1230 Registers of notices of the intention to issue deed of grants of land, 10 Sep 1830-1 Feb 1856

The registers record under the date of notice, the number, person's name, area and portion of land. After 1843 many of the grants are for churches and schools.

Item List

• NRS 1223 Abstracts from orders for grants and town allotments, 1822-1826 (COD 67)
• NRS 1224 Certificates of entitlement to land grants for veteran pensioners, Oct-Nov 1823 *ARK (COD 125, Fiche 3263)

Indexed in the published Index to the Colonial Secretary's papers, 1788-1825.

• NRS 1226 Nominal list of land granted and reserved by Sir Thomas Brisbane, 24 May 1824-1 Dec 1825 *ARK (COD 69; Fiche 3269)

Indexed in the published Index to the Colonial Secretary's papers, 1788-1825.

• NRS 1229 Registers of notices of the intention to issue deeds of grant for town allotments, 8 Jun 1830-31 Dec 1845

Item list

Copies of Deeds to Land Grants and Leases, 1823-1836

Copies of Deeds of Grant to land alienated by Grant, 1832-1856

Item List

Surveyor General

• NRS 13837 Index to registers of grants, Cumberland and elsewhere, 1792-1865 *ARK

[7/443]; Reel 2560, COD 205

This volume indexes the registers Nos 1-6, that is [7/445], [7/447-449], and [7/450-451], covering all grants to 1819, mainland grants to 1822, and Cumberland grants, 1823-65.

The index is divided into groups of years, viz., 1792-1807, 1810-21, 1816-21, 1822-36, and 1841-65. The indexing is only alphabetical to the first letter of the name. Each index entry shows the number of the volume, the name of the grantee, the area of the grant, the locality and the page number in the register.

(see NRS 13836 below)

• Index to registers of land grants *ARK, 1821-1832

[7/443A]; Reel 2560

Indexes grants other than Cumberland grants (although Sydney town grants are included) ie: volumes [7/452], [7/454], [7/456], [7/459], [7/465-466], [7/468], [7/473], [7/481A], [7/482-485], [7/487-488]. The index was prepared by NSW State Archives.

(see NRS 13836 below)

• NRS 13836 Registers of land grants and leases, 1792-1856

Item list

Items filmed on Reels 2560-2562 and 2548-2550 are also available in the *ARK

• NRS 13912 Order books for Land Grants, 1811-1839

The volumes usually record date of order, name of promiser, residence, number of acres, by whom ordered, and remarks (usually relating to whether granted or not or how deed issued).
Item list

• NRS 13913 List of orders for Land Grants made by Sir Thomas Brisbane, 1821-25

Reel 3144. Alphabetically arranged by year, the list notes name, date of order and number of acres. There is also a List of Individuals who had obtained warrants for the purchase of Crown Lands, April - October 1825.

• NRS 13914 List of grants made in New South Wales, 25 Aug 1812-25 Mar 1821

Reel 2647. Alphabetically arranged by year, the list notes name, date of order and number of acres. There is also a List of Individuals who had obtained warrants for the purchase of Crown Lands, April - October 1825.

Van Diemen's Land

• NRS 1219 Index to land grants, Van Diemen's Land, 1810-1823 *ARK

[4/438]; Fiche 3262. The index notes name of grantee, number of acres, district and quit rent.

• Index to copies of land grants issued, Van Diemen's Land, 1804-1823

Reel 1988. Original record in Archives Office of Tasmania, series no. LSD404. The index is a typescript so was obviously copied from an earlier record.

• Copies of land grants issued, Van Diemen's Land, 1804-1823

Original records in Archives Office of Tasmania, series no. LSD354. The first volume contains typescript extracts of the entries in the New South Wales Grant Registers relating to land in Tasmania (pp. 1-51).

Item list

• Registers giving descriptions of land granted in Van Diemen's Land, 1804-1823

Reel 1988. Original record in Archives Office of Tasmania, series no. LSD405

• NRS 13902 Description book, Van Diemen's Land, 1813

The volume records number, name, district and description of land.

• NRS 1220 Returns of free settlers and other free persons to receive land grants, 1811-1828 *ARK (Fiche)

Reel 2654, Fiche 3266. The returns for 1811-25 are indexed in the published Index to the Colonial Secretary's papers, 1788-1825.

• NRS 1222 Nominal list of persons owing Quit-Rent in Van Diemen's Land, 1811-1813

(Reel 2646, Fiche 3270) The list is indexed in the published Index to the Colonial Secretary's papers, 1788-1825.

Port Phillip

• Port Phillip District - Land and Immigration Receipts, 1849-1851

COD 257. This list and index was compiled by Mr Ian A. Hughes. The receipts are listed in chronological order, 16 May 1849 - 20 June 1851, and this list notes date, name, place and amount pages 1-9. There is also an index to the list on pages 10-15.

Correspondence relating to land grants

Colonial Secretary

• Colonial Secretary's Papers, 1788-1825, 1788-1825 *ARK

These records are a most valuable source of information relating to land in the Colony and the State of New South Wales.

• NRS 899 Memorials received relating to land, 1810-1826 *ARK

[4/1821-185]; Reels 1066-1080, Fiche 3001-3162

A memorial is a letter of request from an individual for a grant of land. It may provide personal particulars to justify this request for land such as the length of time in the colony, marital status, numbers of children, occupation and livestock numbers.

The memorials are indexed, 1810-25, in the Index to the Colonial Secretary's papers, 1788-1825 (above) and a copy on Reels 1250-1251 covering the full date range, 1810-1826.

• NRS 907 Letters received relating to land, 1826-56

[2/7787-8013]; Reels 1081-1200

These papers include letters from individuals as well as memoranda, reports, applications and petitions relating to a land grant, purchase, rent or lease of land in the colony.

An online index to the letters is available.

• NRS 944 Copies of letters sent to individuals and organisations re land, 2 Jan 1827-17 Nov 1856

These are copies of letters relating to requests for land, refusals, grants, intrusion complaints, petitions to survey, licence fees, forfeiture of runs and so on.

From 13 January 1849 to 26 May 1855 letters re land outside the settled districts are in next series below.

Item list

• NRS 945 Copies of letters sent re land outside the settled districts, 13 Jan 1849- 26 May 1855

Reel 2313. Copies of letters to individuals relating to the occupation of crown lands. From June 1855 letters of this type are entered in the series above.

Additional sources

Judge Advocate

Surveyor General

For more information about these records consult our catalogue under Agency No. 1773 - Surveyor General.

Further information

In many cases, similar information relating to these grants may also be found in records held by NSW Land Registry Services (LRS). Many records relating to land transactions after the original grant may be found on the NSW Land Registry Services Historical Lands Records Viewer (HLRV).

Further information about records relating to land may be found by consulting our catalogue under the agency titles:

• Colonial Secretary
• Registrar General
• Court of Claims
• Lands
• Surveyor General, and
• Treasury.

Reading Room (only) Guide

• Guide to records relating to the occupation of Crown Lands

*ARK signifies that a copy of the record or guide is part of the Archives Resources Kit and is held by the community access points.