Land, Title Deed, and Urban Transformation
Land, Title Deed, and Urban Transformation:
Foreigners’ Acquisition of Real Property in Xiamen (1841~1945)1
Chen Yu
(PhD Candidate)
Introduction
After the First Opium War of 1841, many treaty ports were opened in modern
China, where foreigners resided and traded.2 During the development of treaty ports,
land problem had been the key issue concerned by the Chinese government and
foreign powers. Due to unequal treaties, rent-in-perpetuity system 永租制 and title
deed 道契 were created to satisfy foreigners’ need of real property in China.3
Consequently, foreigners could rent land in China and their ownership could be
legalized. With land transfer from the Chinese to foreigners, land usage and urban
1
The rent-in-perpetuity system and title deed in Xiamen, as well as the British properties on Gulangyu
have been discussed in the Chapter 6 of my PhD dissertation in the National University of Singapore.
For the genesis and development of the British Concession in Xiamen, see my paper of “The British
Concession in Xiamen (1853~1930)” that will be presented and published in the 5th modern Asian
Architecture Network International Conference (mAAN), 27~30, June, 2005, Istanbul.
2
Treaty of Nanjing [Nanking], 29th August, 1842, in William Frederick Mayers, ed. Treaties between
the Empire of China and Foreign Powers, together with Regulations for the Conduct of Foreign Trade,
&c., &c., &c. (Shanghai: North-China Herald Office / London: Trübner & Co., 1877. reprinted by
Taipei: Ch’eng-wen Publishing Co., 1966), 1. (hereafter cited as Treaties between the Empire of China
and Foreign Powers)
3
According to Article 12 of the Treaty of Tianjin [Tientsin], “British Subjects, whether at the ports or
at other places, desiring to building or open houses, warehouses, churches, hospitals, or burial-grounds,
shall make their agreement for the land or buildings they require at the rates prevailing among the
people, equitably, and without exaction on either side.” Treaty of Tianjin, 26th June, 1858, in Mayers,
ed., Treaties between the Empire of China and Foreign Powers, 13. For the genesis of the
rent-in-perpetuity system in Shanghai, see Wang Zhenshan 王臻善, Huzujie jingguo gaiyao 沪租界经
过概要 [Brief history of concessions in Shanghai], 1925, in Shen Yunlong 沈云龙, comp., Jindai
Zhongguo Shiliao Congkan 近代中国史料丛刊 [A series of historical data on modern China] vol. 74,
(Taipei: Wenhai chubanshe 文海出版社, 1972), 2.
1
Land, Title Deed, and Urban Transformation
form subsequently changed.
As one of the first five treaty ports in China, Xiamen (Amoy) had two different
foreign settlements – one was the British Concession initiated in 1852 along the Inner
Harbor on the Island of Xiamen and the other was Gulangyu International Settlement
established in 1902 on Gulangyu, a small island southwest off the Island of Xiamen.
There were two lease modes for foreigners in Xiamen, which affected their
development of land. The first one is so-called guo xiang guo zu 国向国租 [lease
between governments]. For example, the British Government rented a part of
foreshore from local authorities. It became the British Concession, whose lots were
subleased to the British subjects at a fixed rate. The second mode was called min
xiang min zu 民向民租 [lease between peoples] that was popular outside the British
Concession, especially on Gulangyu. In this mode, foreigners directly rented land
from the natives at rates agreed by both parties.4
As “the largest and most conspicuous of the foreign communities” in China, the
British was the earliest and most influential colonial power in Xiamen with regard to
Fei Chengkang categorized foreigners’ lease modes in modern China into four groups – min zu 民租
[rent from people], guo zu 国租 [rent from government], bufen guozu 部分国租 [partially rent from
government], min xiang guo zu 民向国租 [people rent from government]. I would like to further
define the first two lease modes as min xiang min zu 民向民租 [lease between peoples], guo xiang
guo zu 国向国租 [lease between governments]. Fei Chengkang 费成康, Zhongguo zujieshi 中国租界
史 [Concession history in China] (Shanghai: Shanghai shehui kexueyuan chubanshe 上海社会科学院
出版社, 1991), 92-8.
4
2
Land, Title Deed, and Urban Transformation
their political, economic and social influence.5 In the Treaty of Nanjing, they not only
required Xiamen as one of the earliest five treaty ports, but also obtained Gulangyu,
so-called “Key of Amoy,”6 as a military base in China till the Qing paid up the
indemnity.7 The British consular service started in November, 1843, when Henry
Gribble was assigned as the first Consul in Xiamen. The British Consulate collected
title deeds registered by their citizens, including those Chinese with the British
subjects. Through studying the British title deeds in Xiamen, this paper aims to
answer some fundamental questions in urban development of treaty ports – What is
the role that title deed played in Sino-Foreign land transactions? How did foreigners
rent land from the Chinese? What factors affected their development of land? Hence,
this paper will not only shed light on foreigners’ acquisition of real property in
Xiamen, but also reveal the relationship between land alienation and urban
transformation of modern Chinese cities.
Rent-in-perpetuity System and Title Deed in Xiamen
Land exchange scheme in feudal China was unique. On the one hand, all land
under the heaven belonged to the Emperor. In Meadows’ words, “all tenants hold
5
J. E. Hoare, Embassies in the East: The Story of the British Embassies in Japan, China and Korea
from 1859 to the Present (London: Curzon Press, 1999), 7-8; Fei, Zhongguo zujieshi, 241.
6
W. Parker, Report to the Earl of Auckland, 31 August 1841, in Bridgman, Elijah Coleman, and
Samuel Wells Williams, comps., Chinese Repository 11, no. 3 (March, 1842): 153. (Reprinted by
Tokyo: Maruzen Co., 1941-1943) (hereafter cited as Chinese Repository)
7
Treaty of Nanjing [Nanking], 29th August, 1842, in Mayers, ed., Treaties between the Empire of
China and Foreign Powers, 3.
3
Land, Title Deed, and Urban Transformation
immediately of one lord, the Emperor, there being no mesne lords in China. There are
also no allodial proprietors.” On the other hand, traditional Chinese laws on real
property “were comparatively few and concise, and conveyancing, in particular, was
extremely simple.”8 In Qing China, “real property could be acquired in three ways:
first, by cultivation of unoccupied land; secondly, by purchase; and thirdly, by
inheritance.”9 Landowners could sell or mortgage their property with comparative
ease through paying annual tax and fees for alienation.
Although the Qing Government allowed foreigners to acquire real property in
China, it was unacceptable to sell land to barbarians. Consequently, rent-in-perpetuity
system was formulated on the basis of traditional Chinese land exchange scheme. It
legalized foreigners’ acquisition of real property, and at the same time maintained
China’s territorial sovereignty. In the beginning, foreigners paid yazu (Deposit 压租)
to Chinese landholders at their request and nianzu (Annual Rental 年租) to the
Chinese Government according to regulations. Later, the deposit became dijia (Land
Value 地价) relating to Chinese landlords and the annual rent became dishui (Land
8
Being the interpreter to the British Consulate at Canton, T. T. Meadows studied the Qing’s laws
influencing real property and the land scheme in Canton. His paper was presented in the China Branch
of the Royal Asiatic Society, whose extractions were published in the Chinese Repository in 1849. T. T.
Meadows, “Remarks on the Acquisition, Tenure, and Alienation of Real Property in China,” in Chinese
Depository vol. 18, no. 11 (November, 1849): 569. (hereafter citied as “Remarks on Alienation of Real
Property in China.”)
9
ibid., 562-4.
4
Land, Title Deed, and Urban Transformation
Tax 地税) as annual revenue for the Chinese Government.10
Remaining character of traditional Chinese deed, title deed was created to
guarantee Sino-Foreign land transaction.11 An officially certificated Chinese deed
usually consisted of two parts – the deed of sale (qi 契) and the deed-end (qiwei 契
尾). The former was granted by the seller and usually called as Skin Deed (piqi 皮契),
which could be regarded as the parchment of China. And the latter was a printed form
issued by district magistracies, where it was obtained by the purchasers of land on
application. To prevent possible future dispute on the property, the purchaser usually
demanded from the seller the Former Deed 前手契 or 上手契 that was executed
when the property had conveyed to the latter.12 In the middle of the nineteenth
century, many foreigners in Xiamen still adopted Chinese deeds in land transactions.
Even after title deeds were popularized, Chinese deeds were still required in
foreigners’ application for title deeds. Hence, it is not surprising to see that most of
the British title deeds were annexed with Chinese deeds that provide sufficient
information on history of the land.
For the genesis of the rent-in-perpetuity system and title deed, see Xü Gongsu 徐公肃, and Qiu
Jinzhang 邱瑾璋, Shanghai gonggong zujie zhidu 上海公共租界制度 [Systems of Shanghai
International Settlement], 1933, A facsimile of the edition published by Zhongguo kexue gongsi 中国
科学公司 [China Scientific Company], in Minguo Congshu 民国丛书 [A series of books in Republic
China]. 4:24 (Shanghai: Shanghai shudian 上海书店, 1992), 31, 160-75; Ma Xueqiang 马学强, Cong
chuantong dao jindai: jiangnan chengzhen tudi chanquan zhidu yanjiu 从传统到近代: 江南城镇土
地产权制度研究 [From tradition to modern: study of land ownership in cities and towns of Jiangnan]
(Shanghai: Shehui kexueyuan chubanshe, 2002), 180-1. (hereafter cited as Cong chuantong dao jindai)
11
It is said that the earliest title deed was issued in Shanghai in 1847 according to the Land
Regulations for Shanghai in 1845, and further was standardized in the revised Land Regulations in
1854. Ma, Cong chuantong dao jindai, 62-3, 170, 175, 182, 187-9.
12
Meadows, “Remarks on Alienation of Real Property in China,” 570-1.
10
5
Land, Title Deed, and Urban Transformation
For example, title deed of Lot No. 74 and attached documents show the process of
transferring some parcels of land at Tianwei 田尾 [End of Land] on Gulangyu from
the natives to Michelsen to Bruce. The annexed six pieces of Chinese deeds recorded
land transactions between Michelsen and Chinese landholders. Initially, Michelsen
obtained three lots from Huang Boyü 黄伯瑜 and Huang Yiji 黄益记 in 1872.
Then he built a house – Avodale that was made reference by later deeds as Foreign
House of Chengji 成记洋楼. Two years later, he rented another three parcels of land
from his neighbors – Hong Chang 洪昌, Hong Guan 洪观 and Huang Banliang of
Yang Family 杨门黄伴凉. Michelsen acquired another parcel of land from his
neighbor – Zhang Rong 张荣 in 1896. Hence, he formed a large property that was
transferred to his neighbor Bruce – a British subject. After certifying these Chinese
deeds, the Maritime Sub-Prefect of Xiamen approved Bruce’s application for
registering this property on 6th March, 1902. Subsequently, the title deed was
registered at the British Consulate on 7th July of that year.13
The deeds between the natives and Michelsen were written in Chinese, following
local land exchange customs. A typical Chinese deed in Xiamen usually contains the
following information: 1) name(s) of seller(s) and buyer(s); 2) source of lot; 3)
location, boundary, value or tax of lot; 4) reason of transferring lot; 5) terms and
conditions; 6) claims and duties of two parties; 7) signatures of middleman, witness
13
Amoy: Lot No. 74 Bruce, R. H., 1902, PRO, FO678: 17.
6
Land, Title Deed, and Urban Transformation
and seller(s); 8) issued date, etc. All these information could be found on Michelsen’s
deeds. Even dibao was retained as middleman. The seal of He Qin 何钦/河钦, the
dibao of the district appeared on the five pieces of Michelsen’s deeds. The only
change was that these deeds were also stamped with the seal of the Denmark
Consulate (DANSK CONSULAT) at Xiamen. (Fig. 1)
Figure 1 Chinese Deed between Michelsen and Yangmen Huangbanliang, 1874.
(Source: Amoy: Lot No. 74 Bruce, R. H., 1902, PRO, FO678: 17)
Even contents of title deeds had clear influence by traditional Chinese deed. Title
deed usually consisted of two parts – one in Chinese and the other in a foreign
7
Land, Title Deed, and Urban Transformation
language according to nationality of foreign tenant. Generally, the foreign version was
regarded as the translation of the Chinese one. However, details of these two versions
had a slight difference showing their different interests in land transactions. Moreover,
formats of title deeds varied in the Qing and Republican era, which reflect two
governments’ different concerns in Sino-Foreign land transactions.
Title deed of Lot No. 2 was held by the British merchant A. W. Bain. He acquired
a property from another British subject Lanken and registered it at the British
Consulate on 6th May, 1879. The Chinese version of the title deed was a brief copy of
traditional Chinese deed with the statement of treaty rights. It noted that the title deed
was issued “in support of the original Bill of Sale signed by the proprietor and sealed
by the Ti-pao.” At the same time, it stated that three copies of the title deed were
respectively retained by the Chinese authority, the Consulate and the tenant. The
English part was a summarized translation of the Chinese version, excluding the
names of the Chinese owners and the measurement of the lot.14 (Fig. 2)
Title Deed of Lot No. 133 was issued by Siming 思明 Magistrate to the English
Presbyterian Mission on 30th March, 1915. It was registered at the British Consulate
on 4th December of that year. This title deed omitted traditional information on the
land, such as name of proprietors, source of the land, information of the former deed,
14
Amoy: Lot No. 2 Bain, A. W. 1879, PRO, FO678: 5.
8
Land, Title Deed, and Urban Transformation
and guarantee of dibao, etc. However, it was added with terms and conditions stating
that the Lord of the Soil (the Chinese Government) could take over the propriety in
case the tenants breached the said conditions. Contrarily, the English version included
the name of the Chinese landowners.15 (Fig. 3)
Figure 2. Title Deed of Lot No. 2, 1879. (Source: Amoy: Lot No. 2 Bain, A. W. 1879,
PRO, FO678: 5)
Title deeds indicated that the Chinese Government was the main body in
certifying Sino-Foreign land transactions. Application of title deeds must be approved
15
Amoy: Lot No. 133 English Presbyterian Mission, 1915, PRO, FO678: 47.
9
Land, Title Deed, and Urban Transformation
by local authorities before being registered at the Consulates. In turn, if title deeds
were not registered at the Consulate, proprietorship of the land was incomplete. For
example, because P. J. Petigura did not register his lot at the British Consulate after
completing his application at the Chinese Government on 23rd August, 1916. The
British Consul had to ask authorized person to sign the register on behalf of the
deceased Petigura on May 23rd, 1922.16
Figure 3 Title Deed of Lot No. 133, 1915. (Source: Amoy: Lot No. 133 English
Presbyterian Mission, 1915, PRO, FO678: 47)
The simplified Chinese version and developed English version in the Republican
16
Amoy: Petigura, P. J. 1916, PRO, FO 678: 120.
10
Land, Title Deed, and Urban Transformation
era implied that title deed gradually replaced traditional Chinese deeds in land
transactions. Title deeds in the Qing highlighted the continuity of Chinese traditions
and indigenous customs, such as the role of dibao played in land transactions, etc.
However, title deeds in the Republican era emphasized different proprietorships of
foreign and Chinese landholders in order to highlight China’s territorial sovereignty.
Although foreigners could use and transfer their properties in certain conditions, the
Chinese Government was the lawful owner of these properties and retained the right
of confiscating foreign properties when necessary.17
Lease between Governments: the British Concession
Title deeds were usually used in land transaction conducted between the Chinese
and foreigners, but not in those happened in the British Concession, because it was
directly leased by the Chinese Government to the British Government. Hence, lessees
in the British Concession had less connection with local authorities and their leases
were issued by the British Consul in Xiamen in an English way. However, the
development of the British Concession was also affected by the original urban
structure of this area.
After many years’ negotiation, local authorities agreed to lease the British
17
Fei Chengkang and Ma Xueqiang also pointed out the different proprietorships between the Chinese
and foreign landholders in modern China. Fei, Zhongguo zujieshi, 91-2; Ma, Cong chuantong dao
jindai, 179, 199-200.
11
Land, Title Deed, and Urban Transformation
Government a part of foreshore from Daomei Wharf to 岛美路头 to Xin Wharf 新路
头 in 1852. And the annual rental of this ground was One Tael per square zhang 丈.
This so-called wuai zhidi 无碍之地 [No Trouble Place] was a beach ground “to a
depth of twenty chang from the head of the said wharves towards the sea.”18 The only
agreement about this settlement was the memorandum from the daotai to the British
Consul on the 20th day 12th moon of the 1st year of Xianfeng 咸丰 Reign (1852).19
The settlement was expanded after local authorities successively granted three pieces
of beach grounds to the British Government. The first one was subleased to Jamieson
Elles on 25th January, 1862 as Lot No.7. It was a “Beach Ground situated between the
Sin (Xin) and Sai Liang (Shixiang) wharves 史巷路头 to a depth of about twenty
three chang towards low water.”20 The second one was “a portion of the mud flat
adjoining the North-west side of the Ta Shi Hiang (Shixiang) jetty.” It was marked as
Lot No. 10 and subleased to John Forster & Company on 3rd May, 1865.21 The third
one was a portion of the mud-flat adjoining the East side of the Shixiang Wharf,
which was numbered as Lot No. 11 and subleased to Elles & Co. on 10th September,
1866.22 Since then, the British Concession was called the Bund in Xiamen and turned
18
19
20
21
22
Amoy: Lot No.2 China Navigation Co. Ltd. [British Concession Lot No.2], 1884, PRO, FO678:31.
Amoy: Battery and Beach Ground Letter re rental, 1852, PRO, FO678: 7.
Amoy: Lot No.7 Chang Leang Mong [British Concession Lot No. 7], 1928, PRO, FO678:25.
Amoy: Lot No.10 Lewis, T.H., [British Concession Lot No. 10], 1901, PRO, FO678:76.
Amoy: Lot No.11 Chan Leang Mong [British Concession Lot No. 11], 1928, PRO, FO678:24.
12
Land, Title Deed, and Urban Transformation
into be “the principal business quarter” of the port.23
Because the undeveloped beach ground was leased to the British Government as a
whole, the British Consul proposed a plan in the six-clause regulations on 20th
February, 1852. Initially, he intended to divide “the space between the Kong-ao Row
and Ta-me landing places (Gangzaikou Wharf 港仔口路头 and Daomei Wharf) into
four regular parts to a depth of 200 feet into the sea from the fronts of the Hongs.” Lot
No. 1, 2, 3 were respectively subleased to three English firms - Tait & Co., Dent & Co.
and Syme Muir & Co. And Lot No. 4 was reserved for the British Government. And
the land between the Gangzaikou Wharf and the Xin Wharf was separated into half
with a similar depth. Lot No. 5 and 6 were under the name of Jardine Matheson & Co.
and Robert Jackson respectively. With respect to public accommodation, the
regulations formulated that “a wharf of twenty five feet in width should be
constructed in front of all the allotments and a road of at least twenty feet in width in
rear of the enclosures.” Meanwhile, some ten to fifteen feet wide paths were designed
to cross individual lots in order to connect proposed road and wharf.24
Realizing the importance of utilizing existing urban structure, this plan was
modified in 1855. They decided to partition the Ground into six portions that should
Cecil A. V. Bowra, “Amoy,” in Arnold Wright and H. A. Cartwright, eds., Twentieth-Century
Impressions of Hongkong, Shanghai, and other Treaty Ports of China (London: Lloyd’s Greater Britain
Publishing Co., 1908), 813-4.
24
Amoy: Documents relating to the British Concession Amoy, 1852-1871, PRO, FO678:14.
23
13
Land, Title Deed, and Urban Transformation
be “preserved as far as possible the existing individual boundaries of the separate
lots.”25 The passages connecting the old wharves with the Chinese area were retained
and directed the allotment of the Ground. As a result, existing urban structure was
extended into the Ground and even the small Chinese Joss House at a corner of the
Lot No. 4 was preserved. From economic perspective, proposed pathways across the
lots were cancelled. But, the Consul reserved the right of requiring a path not more
than 20 feet wide in each lot for the use of the public, such as drains, gates, gateways,
public roads, etc. On the north side of the Lot No. 7 and on its opposite side (sea face),
a sufficient space was required to surrender for construction of a public road with
twenty feet in breadth. The same requirement was applied to the Lot No. 10 & 11 on
their sea face. However, all the leases stated that “a proper regard for the economy
both of money and space and for the real utility of such public works or services, shall
always be kept in view by the Britannic Majesty’s Consul.” In fact, the Beach Ground
was jointly reclaimed by the lessees instead of the British Government, and it was
planned and developed in consideration of economy and convenience. (Fig. 4)
As Harry Parkes reported in 1855, the occupiers of the Ground could receive
leases for their separate lots through paying annual rental to the British Government.
Unlike perpetual title deed, these leases had certain terms. Generally, it was
ninety-nine years lease effected from the date of contract. For example, the leases of
25
ibid.
14
Land, Title Deed, and Urban Transformation
Lot Nos. 2, 3, 5 & 6 were effected from the 1st day of January 1853, Lot No.4 from
12th Sep., 1862, Lot No. 7 from 1st January 1856, and Lot No. 11 from 10th September
1866. However, the Lot No. 1 and 10 had one-hundred-year term lease effected from
1st January of 1853 and 1862 respectively.26
Figure 4 Amoy: Lot Nos. 1 to 6 Beach Ground, 1855. (Source: PRO, FO678: 8)
1. The Chinese Area; 2. Xin Wharf; 3. Gangzaikou Wharf; 4. Daomei Wharf; 5. Inner
Harbor;
a. The Chinese Joss House; b. Proposed Drain; C. Path
Within these terms, the lessees could “sell, let, sublease, rent, mortgage, or in any
way whatsoever to burden or dispose of their premises to any person or persons being
26
Amoy: Lot No.1 China Navigation Co. [British Concession Lot No.1], 1884, PRO, FO678:32;
Amoy: Lot No.2 China Navigation Co. Ltd. [British Concession Lot No.2], 1884, PRO, FO678:31;
Amoy: Lot No.3 Lim Peng Mau [British Concession Lot No.3], 1916, PRO, FO678:86; Amoy: Lot
No.4 Boyd and Co. [British Concession Lot No.4], 1920, PRO, FO678:10; Amoy: Lot No.5 Tait and
Co. [British Concession Lot No.5], 1907, PRO, FO678:141; Amoy: Lot No.6 Edwards, A.H.F. [British
Concession Lot No.6], 1927, PRO, FO678:40; Amoy: Lot No.7 Chang Leang Mong [British
Concession Lot No. 7], 1928, PRO, FO678:25; Amoy: Lot No.10 Lewis, T.H., [British Concession Lot
No. 10], 1901, PRO, FO678:76; Amoy: Lot No.11 Chan Leang Mong [British Concession Lot No. 11],
1928, PRO, FO678:24.
15
Land, Title Deed, and Urban Transformation
the natural born or naturalized subjects of the British Crown.” And land transactions
within the Concession must be approved of and registered at the British Consulate.
After obtaining permission of the British Consul or other authorized British Officers,
landholders could transfer lots to persons with other nationalities in certain terms and
conditions. For example, a portion of the Lot No. 4 (4A) was leased to the
Nederlandsch Indische Handelsbank (a Netherlands bank) on 1st May, 1924, and a
portion of the Lot No. 5 (5B) was transferred to Bank of Taiwan (a Japanese bank) on
19th June, 1914.27 And the Lot No. 7 & 11 had been leased to William Forbes, an U.
S. Citizen from 15th July, 1884 to 21st October, 1886.28
With the development of the Concession, original lots were further divided and
subleased to different tenants. And many pathways were added to link individual
small lots with existing roads. For example, two portions of the Lot No. 4 were further
subleased to Nederlandsch Indische Handelsbank as Lot No. 4A and Teoh Eng Hock
as Lot 4B.29 Similarly, the Tait & Co. split the Lot No. 5 into two portions – the Lot
No. 5B was leased to Bank of Taiwan and the Lot No. 5A to Messrs. Butterfield and
Swire.30 The Lot No. 10 was also separated into tow parts that were respectively
27
Amoy: Lot No.4A Nederlandsch Indische Handlesbank [British Concession Lot No.4A], 1924, PRO,
FO678:105; Amoy: Lot No.5B Bank of Taiwan [British Concession Lot No.5B], 1914, PRO, FO678:6.
28
Amoy: Lot No.7 Chang Leang Mong [British Concession Lot No. 7], 1928, PRO, FO678:25; Amoy:
Lot No.11 Chan Leang Mong [British Concession Lot No. 11], 1928, PRO, FO678:24.
29
Amoy: Lot No.4A Nederlandsch Indische Handlesbank [British Concession Lot No.4A], 1924, PRO,
FO678:105; Amoy: Lot No.4 Boyd and Co. [British Concession Lot No.4], 1920, PRO, FO678:10.
30
Amoy: Lot No.5A Butterfield and Swire [British Concession Lot No.5A], 1921, PRO, FO678:20;
Amoy: Lot No.5B Bank of Taiwan [British Concession Lot No.5B], 1914, PRO, FO678:6.
16
Land, Title Deed, and Urban Transformation
transferred to John Letham Anderon as Lot No. 10A, and to Brown & Co. as Lot No.
10B.31
Even one lot was occupied and shared by long- or short-term tenants. Mixed
functions changed situation of the lot formerly designed for a single company. For
example, the offices of the Lot No. 3 in 1916 were shared by Mitsui Bussan Kaisha
Ltd., Asiatic Petroleum Company, China Mutual Ins. Co. Ltd. And its Godowns of No.
1 to 4 were leased to Chinese and those of No. 5 & 6 were occupied by coal belonging
to the British Consulate.32
According to the Map of the Beach Ground 海后滩全图 that was originally
made by the Maritime Customs in 1885 and modified in 1930s, many lots were
changed hands and the British Concession was crowded with buildings. (Fig. 5)
However, all changes were confined within the original boundaries, because local
authorities limited the expansion of the British Concession. With the increasing
commercial value of the Settlement, many lessees intended to reclaim the foreshore
since 1877. It defied China’s territorial sovereignty and was stopped by local
authorities. Eventually, the Chinese Government decided to reclaim the foreshore
from the Daomei Wharf to Gangzaikou Wharf for the use of the public. Meanwhile, to
31
Amoy: Lot No.10A Ngo Ching Fay and Ng. Boon Ok. [British Concession Lot No.10A], 1928, PRO,
FO678:108; Amoy: Lot Nos.10B 11 Road Widening [British Concession Lot No.10B & 11], 1928,
PRO, FO678:131.
32
Amoy: Lot No.3 Lim Peng Mau [British Concession Lot No.3], 1916, PRO, FO678:86.
17
Land, Title Deed, and Urban Transformation
protect the rights of foreign lessees in the Concession, they promised not to lease the
reclaimed ground or construct any building thereon.33
Figure 5. Map of the Beach Ground, 1885. (Source: Qin Huizhong 秦惠中, Cai
Moxie 蔡模楷, comps., Jindai Xiamen Shehui Jingji Gaikuang 近代厦门社会经济
概况 [Social and Economic Situation of Modern Xiamen], Xiamen: Lujiang Press 鹭
江出版社, 1990)
1. Lot No. 1; 2. Lot No. 2; 3. Lot No. 3; 4. Lot No. 4; 5. Lot No. 5; 6. Lot No. 6; 7.
Lot No.7; 8. Lot No. 11; 9. Lot No. 10B; 10. Lot No. 10A
a. Cijie Wharf 磁街路头; b. Proposed Hulk and Flying Bridge of Jardine, Matheson
& Co.; c. Shixiang Wharf (Disused); d. Xin Wharf (Disused); e. Customs Jetty; f.
Gangzaikou Wharf; g. Caiqiao Wharf 柴桥路头; h. Hulk with Flying Bridge of
Butterfield and Swire’s Co.; i. Daomei Wharf (Reconstructed).
Wang Fangwen 汪方文, and Wu Yangrong 吴仰荣, eds., in association with Bureau of Xiamen
Archives 厦门档案局, and Xiamen Archives 厦门档案馆, Jindai xiamen shewai dangan shiliao 近
代厦门涉外档案史料 [Archives of Sino-Foreign issues in modern Xiamen], in Xiamen Dangan Ziliao
Congshu: Jindai Bufen (1) 厦门档案资料丛书: 近代部分(一) [A series of Xiamen archives: modern
part 1] (Xiamen: Xiamen University Press 厦门大学出版社, 1997), 208-25.
33
18
Land, Title Deed, and Urban Transformation
When large-scale municipal reforms initiated in Xiamen, the Road Construction
Bureau of the Changchow-Amoy Naval Defence Commissioner’s Headquarters 漳厦
海军警备司令部堤工处 presented a scheme of reclaiming the foreshore of the Inner
Harbor and constructing new roads in Xiamen in 1927. The British Concession was
planned as a part of the City, and landholders of the affected lots were compensated
with the arrangement between the British Consul and local authorities.34 onsequently,
the foreshore was reclaimed to be Lujiang Road 鹭江路, and the Road of Daomei
Wharf and the Shixiang Road were widened to be Zhongshan Road 中山路 and
Datong Road 大同路. (Fig. 6) After the Chinese Government took over the British
Concession on 17th September, 1930, the British leases were replaced with deeds of
perpetual lease issued by the Republican Government.35
Lease between Peoples: the British on Gulangyu
Title deed was popular outside the British Concession, especially on Gulangyu.
Since the 1860s, most foreigners started to reside on this small island and rent land
from the natives. Even after the establishment of Gulangyu International Settlement in
1902, the existing land exchange system continued in force as the Regulations for the
Settlement stated. As an important medium embodying indigenous customs, title deed
34
Amoy: Lot Nos.10B 11 Road Widening [British Concession Lot No.10B & 11], 1928, PRO,
FO678:131.
35
For example, Teoh Eng Hock 张永福 changed his British lease to the Deed of Perpetual Lease
issued by the Republican Government in 1930. Amoy: Lot No.176 Teoh Eng Hock [former British
Concession Lot No.4B], 1930, PRO, FO678:143.
19
Land, Title Deed, and Urban Transformation
played key roles in framing urban transformation on Gulangyu.
Figure 6 British Concession at Amoy, 1928 (Source: PRO, FO228: 3895)
1.The British Concession; 2. Inner Harbor; 3. Proposed New Road (Lujiang Road); 4.
Proposed New Road (Datong Road); 5. Proposed New Road (Zhongshan Road); 6.
Chinese City; 7. Chinese Proposed Reclamation; 8. The Ground reclaimed by the
Qing Government
a. Former Shixiang Wharf; b. Former Xin Wharf; c. Gangzaikou Wharf; d. Former
Daomei Wharf
20
Land, Title Deed, and Urban Transformation
Preserving Original Urban Structure
The formation of the Recreation Ground and its neighboring foreign properties not
only shows how foreigners acquired real properties on Gulangyu, but also indicates
how original urban structure was preserved in the process of land transfers. The origin
of the Recreation Ground was the site formed by Charles W. Le Gendre, the United
States Consul at Xiamen. He rented nine parcels of land from the natives and formed
a large site with eight hundred square chang.36 Registered in the American Consulate,
the property was bounded on the north by the United States Consulate, west by the
house of W. C. Johnson, a British subject.
At the request of John Paterson and Randall H. Pye, Gendre agreed to sublease the
property to them, subject to the conditions that the property must be used for the
public interest and any transfer of the lot must report to and approved of by the United
States Consul of Xiamen for the time being, etc. If they breached any condition, the
deed shall become null and void, and the United States Government could take over
the property and the houses or tenements erected in the premise. After this agreement
was signed on 30th July, 1872, Paterson and Pye jointly held the property without any
deed of partnership. On 13th Sept. 1875, assented by the American Consul J. J.
Henderson, Pye transferred his ownership of the property to Paterson. According to
the deed, the property was bounded on the north by a road and the “Villa of the
36
The eight Chinese landholders were Wang Ee San, Hong San, Hong Lak Koa, Hong Kait, Su Tiang
Yok, Hong Siu, Hong Chhi Hiang Tong, and Hong Liss.
21
Land, Title Deed, and Urban Transformation
Banyans,” east by a road and the Customs Bungalow, south by a road, and west by an
irregular strip of ground separating the “Cricket Ground” from “Kelly Villa.”
Executed in presence of the American Consul, Robert H. Bruce, the lawful agent
and attorney of John Paterson, transferred the lot to the Foreign Road Committee of
Xiamen on 30th April, 1876, “for the use of the Foreign People of Amoy as a
Recreation Ground.”37 It was registered at the British Consulate as Lot No. 55 on 10th
April, 1899. As the title deed states, the lot was bounded on the north by Lawn Tennis
Ground pavilion, south by Back Road to Kelly Villa, east by Lawn Tennis Ground,
and west by Kelly Villa of R. H. Bruce. Despite the changes of ownerships, the
boundary of the Recreation Ground has not changed after the site took shape in the
middle of the nineteenth century.
The title deed of the Masonic Hall on the south of the Recreation Ground also
reflects the situation of this area in 1880. The land was first leased by Huang Binzai
黄彬斋 to a British subject in 1878. Later, it lodged the Masonic Hall and was
registered at the British Consulate as Lot No. 5 on 10th June, 1880. According to the
title deed, the lot was bounded on the north by a road and the Recreation Ground,
south by vacant lot and part of boundary walls of Hong Kong and Shanghai Bank
37
The Annual Report for 1923 published Bruce’s affidavit on 22nd January 1917. He recalled the
transfer process of this property. Kulangsu Municipal Council, Report for the Year Ending 31st
December 1923, Estimates of Expenditure and Revenue for the Year Ending 31 st December 1924
(Amoy: Man Sbing Printing Office, 1924), 7-9; Amoy: Lot No. 55 Kulangsu Lawn Tennic and Cricket
Club, 1899, PRO, FO 678:70.
22
Land, Title Deed, and Urban Transformation
property; east by a main road; and west by the boundary of lot occupied by Agent of
Hongkong and Shanghai Bank.38 Apparently, the road on the east of the Recreation
Ground and the Masonic Hall was regarded as “main road” at that time, and turned
into be today’s Zhonghua Road 中华路. The road on the north of the Recreation
Ground was around 12 feet wide and became one of the arteries on Gulangyu –
Huangyan Road 晃岩路. Leading to the back door of the Kelly Villa, the road
between the Recreation Ground and the Masonic Hall had already taken shape and
has been maintained till now.
In fact, this setting had formed in the 1860s as the deeds of Kelly Villa indicate.
West of the Recreation Ground, the site of Kelly Villa took shape in 1863, when O. B.
Bracford, the Vice-consul of the United States at Xiamen successively rented many
parcels of land from the natives in 1862 and 1863.39 However, Bracford only paid for
ten-year rental for these lots. After he returned to America, the property was changed
hand and no one continued to pay the rentals. When the property was taken over by
Robert Hunter Bruce, some inheritors of the Chinese landholders appealed to local
authorities to require their rights on the properties.40 Eventually, Bruce paid for the
38
Amoy: Lot No. 5 Masonic Hall Trust Committee, 1879, PRO, FO 678: 102.
The Chinese landholders were Cai Bi 蔡庇, Huang Jing 黄景, Hong Cong 洪聪, Hong Fu 洪复,
Hong Tuo 洪脱, Hong Qing 洪庆, Hong Lu 洪炉, Hong Zhong 洪忠, Huang Tongyü 黄通裕,
Huang Yuan 黄渊.
40
These inheritors include Cai Quan 蔡全 (son of Cai Bi), Hong Niao 洪鸟 (young brother of Hong
Fu), Hong Wencai 洪文才 (nephew of Hong Tuo), Hong Qiu 洪球 (son of Hong Qing), Hong Yi 洪
意 (young brother of Hong Zhong).
39
23
Land, Title Deed, and Urban Transformation
rentals and compensated their loss in the last years. After approved by the Chinese
Government on 6th August, 1901, he registered the property at the British Consulate
as Lot No. 68 on 12th October of that year. As the title deed and attached map show,
the lot was bounded on the north by a public road, south by property of Lim Chi Foo
(Linshifu 林氏府), west by an open ground, and east by the public Recreation ground.
This property was transferred to the Tait & Co. on 12th June, 1907, and further to Lin
Erjia 林尔嘉 on 12th July, 1909.41 Huang Yizhu 黄奕住 obtained these premises
from Lin in March, 1919 and continued to buy neighboring lots. He initiated a great
project in August of that year and completed the well-known Huangjiayuan 黄家园
[Garden of Huang Family] on 15th August, 1925.42
The history of the Recreation Ground and its surrounding presents the early
situation of this area. At the foot of Shuzaiwei Hill 树仔尾山, this hillside land had
been cultivated by the natives in the beginning of the nineteenth century, especially by
the Hong Family and Huang Family.43 Since the 1860s, some parcels of the land
were leased to foreigners and formed some large properties. Despite the changes of
landholders, the boundaries of these properties did not change much as we can verify
41
The title deed described that the lot was bounded on the east by open ground and west by the public
Recreation Ground. According to the records of the Recreation Ground, the attached map and the
existing situation of the ground, the description of the east and west boundaries in the title deed was
converse. Amoy: Lot No. 4 Tait & Co. 1901, PRO, FO 678: 16.
42
Zhao Dexin 赵德馨, Huang Yizhu zhuan 黄奕住传 [Biography of Huang Yizhu] (Hunan: Renmin
chubanshe 湖南人民出版社, 1998), 101-4.
43
According to the former deeds of Huang Jing and Huang Yuan, the two parcels of land were
respectively purchased from Chen Wenlong 陈文龙 in 1821 and Zhuang Hucai 庄胡才 in 1802.
24
Land, Title Deed, and Urban Transformation
in these deeds. (Fig. 7)
Figure 7 Land Transfers of the Recreation Ground and its Surrounding
Land Combination and Free Alienation
The analysis of the formation of Huang Yizhu’s another compound also shows
free alienation among the natives, foreigners and overseas Chinese, as well as the
influence of the land exchange system on the urban transformation. On 28th
25
Land, Title Deed, and Urban Transformation
November, 1921, Huang Yizhu purchased three properties from Phriozsha Jamsetii
Petigura, who was an Indian merchant and also a British subject. All of them located
at the junction of today’s Fuxing Road (La Kee Tah 复兴路) and Zhangzhou Road
(Sin Lo Tao Road 漳州路).
The earliest foreign buildings appeared at this quarter were the “Stone Villa” and
“Ankee Villa,” which were constructed by Nusserwanjee Dadabhoy Ollia after
renting some parcels of land from Huang Ning 黄宁 and Zengxunji 曾勲记. He
registered the property at the British Consulate as Lot No. 17 on 11th Feb. 1882. It was
bounded on the north by Zhangzhou Road, south by Mr. Steven’s (Russell & Co.’s)
property, east by Zhangzhou Road, and west by Qishan Road (Public Road) 旗山路
& Eng Khai-boon’s property. These premises were transferred to P. J. Petigura on 29th
July 1916.44
The second foreign property at this quarter was rented by Motan Jehangir Ollia
from Huang Yao 黄耀. It was registered at the British Consulate as Lot No. 93 on
30th Jan. 1905, and further was transferred to P. J. Petigura on 9th March, 1916. The
lot was bounded on the north by Fuxing Road, south by a hill side & Ollia’s old house,
east by a lane & Ollia’s godown, and west by a large fir-tree.45
The third one was directly rented by P. J. Petigura from Huang Zhenqing 黄振清
44
45
Amoy: Lot No. 17 Ollia, N. D. 1882, PRO, FO 678: 115.
Amoy: Lot No. 93 Ollia, Mrs. Metan Jehanger. 1904, PRO, FO 678: 114.
26
Land, Title Deed, and Urban Transformation
who bought it from Huang Xian 黄贤 in May 1916. After being approved by local
authorities on 23rd August, 1916, this property did not been registered at the British
Consulate for some reasons. This unregistered lot was bounded on the north by
Fuxing Road, south by “AnKee” Villa, east and west by a garden wall of “AnKee”
Villa.46 Although no records show how this lot was transferred to Huang Yizhu, it
became a part of his compound and has been used by his descendants till now.
The fourth one was also directly rented by P. J. Petigura from Huang MaLian 黄
马连. It was registered at the British Consulate as Lot No. 136 on 21st Dec. 1916. The
Lot was bounded on the north by Fuxing Road, south by a wall of Mrs. N. D. Ollia
property, east by AnKee Villa, and west by Modi Villa, his own property.47
Most of the land at this quarter was formerly owned by Huang Families, such as
Huang Yao, Huang Ning, Huang Xian and Huang Malian, etc. Since N. D. Ollia
settled down there in 1882, his premises had been surrounded by the Chinese
properties till M. J. Ollia obtained an adjoining lot in 1905. P. J. Petigura started his
renting scheme in 1916 and successively obtained M. J. Ollia’s and N. D. Ollia’s
properties in March and July. Sooner, he secured the premises of his Chinese
neighbor Huang Zhenqing in August. The last Chinese lot left at this quarter was
owned by Huang Malian, who had an ancient grave and a well in the site. At the
46
47
Amoy: Petigura, P. J. 1916, PRO, FO 678: 120.
Amoy: Lot No. 136 Petigura, P. J. 1916, PRO, FO 678: 121.
27
Land, Title Deed, and Urban Transformation
request of Petigura and mediation of the middleman, he agreed to move the grave to
other place and leased the lot to Petigura in December. Finally, Petigura combined
these adjoining four parcels of land into a large site and further transferred three
registered premises to Huang Yizhu in 1921. (Fig. 8, 9)
Figure 8 Land Transfers at the Junction of Fuxing Road and Zhangzhou Road
The setting of this quarter did not change much in the process of land transfers
and combinations, although the lane between the Lot No. 136 and Lot No. 17 was
finally included into the premises. Fuxing Road, Zhangzhou Road, and Qishan Road
had been referred as public roads in these deeds, and the boundaries of these lots were
retained despite the change of landholders. Urban transformation took place within
the original urban structure.
28
Land, Title Deed, and Urban Transformation
Figure 9 Formation of Huang Yizhu’s Compound
Family Property and Clanship
Either the formation of the Recreation Ground and its surrounding or Huang
Yizhu’s Compound shows the priority of neighbors in purchasing and renting land –
so-called the right of Qinlin youxian 亲邻优先 [the priority of family members and
neighbors in buying or renting land]. Most of existing Chinese deed stated that
landowners had already asked permission of family members and neighbors to
29
Land, Title Deed, and Urban Transformation
transfer their properties. Otherwise, the latter retained the right of rendering the
transactions null and void.48 Thanks to open mind of local people, foreigners were
treated as neighbors once they settled in neighborhoods.
Since settling the Anglo-Chinese College at Lizhizhai 荔枝宅 in 1901, the
English Presbyterian Mission (E. P. M.) continued to rent neighboring land and
formed a spacious campus. The existing title deeds and attached former deeds show
that the area had been cultivated by Huang Family in the early Qing. At the end of the
nineteenth century, members of Huang Family began to lease their land to foreigners.
Huangchenshi 黄陈氏, a member of Huangsimei Hall 黄四美堂 leased a plot of
land to Thomasine Charlotte Nicholls. It was registered at the British Consulate as Lot
No. 57 on 7th June, 1899. The lot was bounded on the north by the property of Hong
Kong & Shanghai Bank, south by Huang family’s property, east by Huang family’s
burial ground, and west by a Road along the hill top. It was transferred to the E. P. M.
on 19th January, 1907 and became a part of the Anglo-Chinese College.49
Because of the shortage of fund to repair their ancestral hall, Huangsimei Hall
decided to lease a part of their public land to the E. P. M. in 1906. The deed shows
that they did not ask family members and neighbors, because the land was a family
property, and at the same time, they already regarded this foreign mission as their
48
49
Ma, Cong chuantong dao jindai, 71, 156, 164-5.
Amoy: Lot No. 57 Nicholls, T. C. 1899, PRO, FO 678: 109.
30
Land, Title Deed, and Urban Transformation
neighbor. As the Master Deed 总契 of the land could not be separated, they prepared
a deed with a map to state the boundary of the lot in order to guarantee this deal. Five
senior members representing each branch were selected to sign on the deed. The lot
was registered by the E. P. M. at the British Consulate as Lot No. 130 on 24th Dec.
1914.50
One year later, the E. P. M. obtained the lot between the Lot No. 57 and Lot No.
130, which was leased by Zhong Maoling (Chung Mo Ling 钟懋舲). However, the
lot was formerly owned by Huang Family too. According to the former deeds, Huang
Yong 黄雍 inherited the lot from his father and sold it to his family brother Huang
Yaozong 黄耀宗 in 1745. Four years later, the latter was not satisfied with the lot.
Since no family member would take over the lot, he was allowed to sell it to Ma
Family in 1749. Since then, the lot became a property of Ma Family and was inherited
by Zhong’s mother. After being approved by the Siming Magistrate on 30th March,
1915, the Mission registered the lot as Lot No. 133 on 4th December, 1915.51
According to these deeds, this area at the foot of Bijia Hill 笔架山 had been
cultivated by Huang Family in early days. The family members owned many parcels
of land and also shared a large piece of public land. Thanks to the stability of the
These senior members included Huang Shichen 黄世琛, Huang Shiqiu 黄世球, Huang Wushi 黄
吴氏, Huang Zongjun 黄宗浚, Huang Chenshi 黄陈氏. Amoy: Lot No. 130 English Presbyterian
Mission, 1914, PRO, FO 678: 46.
51
Amoy: Lot No. 133 English Presbyterian Mission, 1915, PRO, FO 678: 47.
50
31
Land, Title Deed, and Urban Transformation
Chinese families, these properties had been inherited for generations. Moreover, the
boundaries of these lots had been recorded in the deeds and maintained for centuries.
Eventually, the E. P. M. followed the land exchange system to obtain land. After
settling on this area, the mission was recognized as a neighbor by the natives and
could continue to rent neighboring lots. Comparing the index map of the
Anglo-Chinese College in 1928 with its present situation,52 we can see that the roads
and neighboring properties recorded in these deeds, such as those of the Lin Family,
Xü Family, and Hongkong and Shanghai Bank, have been retained till now. (Fig. 10)
Respecting Indigenous Customs
According to the Qing’s laws, certain grounds could not be cultivated, especially
those with graves.53 Xiamen people had their particular customs when developing
land. For example, they believed that hills and rocks were sources of fengshui and
preferred to set graves on hillside or around rocks. Moreover, graves were largely
protected, because they would affect fortune of families. These customs were
reflected in deeds, which to certain extent affected foreigners’ development of land.
The case study of Lin Wenqing’s (Lim Boon Keng 林文庆) compound reflects
the influence of these customs on his properties at the eastern hillside of Bijia Hill. He
52
To register some lots in this area, the E. P. M. prepared this index map and submitted it to local
authorities on 19th October, 1928. However, as the cover of the document shows, “deed sent to
Ssu-ming Hsien 25 October, 1928. Registration refused by the Magistrate.” Amoy: Lot No. 165
English Presbyterian Mission, Kulangsu, 1928, PRO, FO 678: 44.
53
Meadows, “Remarks on Alienation of Real Property in China,” 562-4.
32
Land, Title Deed, and Urban Transformation
successively rented many parcels of land from 1909 to 1922 and registered the first
three lots (Lot No. 124, 125 and 126) at the British Consulate on 9th Nov. 1910. He
and his wife – Yin Bixia (Grace Pekha Lim 殷碧霞) registered another plot of land as
Lot No. 170 on 1st April 1930.
Figure 10 Map of the Anglo-Chinese College, 1928. (Source: PRO, FO678: 44) It
shows the formation of the campus and its surrounding in 2004. The roads and
properties recorded in the deeds have been retained.
33
Land, Title Deed, and Urban Transformation
The Lot No. 124 was rented in perpetuity from Huang Yi 黄益 in 1909. It was
bounded on the north and west by rocks, south and east by Compound of Lin
(formerly owned by Huang Family). In the deed for Lin, Huang stated that the lot was
inherited from his grandfather as a property belonging to the Second Branch 二房 of
Huang Family.54 (Fig. 11, see the Lot No. C)
Huangyeshi (Mrs. Huang Yeh 黄叶氏), another member of Huang Family leased
Lin a parcel of land in 1909, which was registered as Lot No. 125 at the British
Consulate. Similarly, this lot was bounded on the south and west by rocks, north by a
graveyard.55 According to the former deeds, this lot was transferred by Huang Jiantao
黄建滔 to Huang Genjie 黄根节 in 1840. And the latter passed it to Huangyeshi.56
(Fig. 11, see the Lot No. B)
The Third Branch 三房 of Huang Family also leased two parcels of land to Lin
in 1909, which were registered as Lot No. 126.57 The first parcel was managed by
Huang Guanglian 黄光琏 on behalf of this Branch. Although this lot was purchased
from Chen Ruigong 陈瑞珙 in 1822, it was formerly owned by a member of Huang
Family - Huangwangshi 黄王氏, who sold it to Chen Guangbao 陈光苞, father of
54
Amoy: Lot No. 124 Lim Boon King. 1910, PRO, FO 678: 80.
Amoy: Lot No. 125 & 126 Lim Boon King. 1910, PRO, FO678: 81.
56
Amoy: Lot No. 124 Lim Boon King. 1910, PRO, FO 678: 80.
57
According to the deeds, the family members of this Branch include Huang Guanglian 黄光琏,
Huang Fomin 黄佛敏, Huang Shenyou 黄神佑 and his wife Huanghongshi 黄洪氏, Huang Shenliao
黄神聊, Huang Shenzhu 黄神住 and Huang Wangyi 黄万益, etc.
55
34
Land, Title Deed, and Urban Transformation
Chen Ruigong in 1818. The second parcel was also a public property of this Branch.
It was bought by Huang Fomin 黄佛敏 from Huang Foci 黄佛赐 in 1828. The deed
showed that the lot was bounded on the east by a garden and an ancestral grave
(exclusive of the grave), west by a big rock (exclusive of the well), south by a water
(inclusive of the water), and north by a garden (exclusive of the old grave).
Apparently, the rocks, graves and well were retained and protected during the land
transfers.58 (Fig. 11, see the Lot No. A)
To expand their ground, Lin Wenqing and Yin Bixia successively rented
neighboring lots from Huangsimei Hall in 1909, Huang Shixin (Huang Bhui Hsin 黄
水心) in 1911, Xü Chuncao (Hsü Chen Tsao 许春草) in 1913, and Huangcaishi
(Huang Chai 黄蔡氏) in 1922. Eventually, they formed a large lot that was bounded
on the north by Xü Han’s Property (Hsu Han 许罕), south by Huang Zhonghan’s
property (Huang Chung Han 黄仲涵), east by lower Pit Kay San Road and
properties of Zheng Bainian (Cheng Po Nien 郑柏年) and Xü Han, west by Upper
Pit Kay San Road.59 It was registered at the British Consulate as Lot No. 170 in 1930.
Huangsimei Hall stated that they unanimously agreed to lease the lot to Lin in
1909, because of the lack of money to repair their ancestral hall. Moreover, they
regulated that the tenant could not remove the graves within the boundary without
58
59
Amoy: Lot No. 125 & 126 Lim Boon King. 1910, PRO, FO678: 81.
Amoy: Lot No. 170 Lim, Mrs. G. P. 1929, PRO, FO678: 82.
35
Land, Title Deed, and Urban Transformation
their permission and could not damage the Bijia Stone in the site. However, the suit
between Lin Wenqing and Xü Chuncao shows that this deal was illegal because the
lot had been transferred to the latter.60
In his deed, Huang Shuixin carefully wrote that he only transferred the upper part
of his land to Lin in September of 1911, because he had made a grave at the lower
part that was separated from the upper one by a path. To certify his ownership, he
passed three former deeds to Lin. They show that the lot had been transferred in
Huang Family since 1835.61 (Fig. 11, see Lot No. yi 乙)
The lot of Xü Chuncao was also a property of Huang Family and bounded by
many rocks. According to the former deeds, the lot was purchased by Huangfuji 黄福
记 from Huang Yuan 黄圆 and Huang Miao 黄淼 in 1894. Later, he constructed
two graves on the ground. His descendants, including Huang Xinju 黄新聚,
Huangliangshi 黄梁氏, and Huang Wangyi 黄万益 transferred the lot to Xü in 1911.
After that, Xü initiated a villa on the site. However, the project was interrupted by the
Gulangyu Municipal Council and the Mixed Court, because they were informed that
the lot was sold by Huangsimei and Huang Chunhui 黄春晖 to Lin Wenqing in the
same year. Judged by the Mixed Court, Xü won the suit and certified his ownership of
60
Ibid.
The members of Huang Family involved in the transfer of the land included Huang Wuhu 黄五湖,
Huang Zongli 黄宗礼, Huang Ti 黄体, Huang Yuan 黄圆, Huangfuji 黄福记, Huang Wentian 黄文
填, Huang Hanzhong 黄汉中, etc. Ibid.
61
36
Land, Title Deed, and Urban Transformation
the lot. Mediated by the middleman, he decided to transfer his premises to Lin in
1913.62 (Fig. 11, see Lot No. bing 丙)
Because most of the surrounding lots had been leased to Lin Wenqing,
Huangcaishi thought the fengshui of the ancestral burial grounds in her ground had
been damaged. Then she agreed to lease these two lots to Yin Bixia in 1922 and
moved the graves to other place. (Fig. 11, see the Lot No. jia 甲)
Apparently, this area at the eastern slope of Bijia Hill had been cultivated by
Huang Family for a long time and the land were owned by members of this Family.
They usually used rocks to define the boundaries of their properties, and the rocks
were retained as important landmarks. The old paths recorded in the deeds became the
later Bijiashan Road. Moreover, many graves settled in this hillside land were
protected in the land transfers. Although so far there is no data of how Lin Wenqing
planned his residence, the present landscape of this compound shows his concern
about the rocks and graves in his ground. (Fig. 11)
62
Amoy: Lot No. 170 Lim, Mrs. G. P. 1929, PRO, FO 678: 82.
37
Land, Title Deed, and Urban Transformation
Figure 11 Map of the Lot No. 170, 1930. (Source: PRO, FO678: 82) It shows the
formation of Lin Wenqing’s Compound and the rocks preserved in the site.
38
Land, Title Deed, and Urban Transformation
Conclusion
The study of the British title deeds in Xiamen demonstrates the role of title deed
played in linking the traditional Chinese land exchange scheme with the
rent-in-perpetuity system. In the beginning, foreigner followed the Chinese land
exchange customs and adopted Chinese deeds in land transactions. With the
popularization of title deed, Chinese deeds were still regarded as an important
guarantee in certifying title deed. The use of title deeds and respect of Chinese deeds
not only allowed foreigners to engage in local real estate market, but also minimized
conflicts with the natives and local authorities. Under these circumstances, Chinese
traditions and indigenous customs were passed to foreign tenants via title deeds and
Chinese deeds, and further affected foreigners’ development of land.
Because the British Concession was directly leased to the British Government by
local authorities, it was planed as a whole and further subleased to the British subjects
in an English way. Reclaimed by the British companies and persons in consideration
of economy and convenience, this settlement had been less affected by the Chinese
land exchange customs. Although the allotment of the ground was directed by the
original urban structure, the development of the lots was protected by the English
leases issued by the British Consul.
The British acquisition of real property on Gulangyu highlights the influence of
title deeds on framing urban transformation. As we can see, the land the British rented
39
Land, Title Deed, and Urban Transformation
had been cultivated by the natives in early days. Their ownerships had been recorded
in the former deeds that not only described the boundaries and locations of the lots,
but also wrote down the conditions for land transfers. Following the land exchange
system and respecting the indigenous customs, foreigners could rent land according to
their personal preferences for sites. Many foreign properties formed and were
confined within the existing urban network. Due to the operation of title deeds and
Chinese deeds, boundaries of lots were not affected much by land transfers and the
original urban structure could be retained in urban transformation of Gulangyu.
(Acknowledgements: this work could not have been done without the support of the
Small Grant Program of the Urban China Research Network and the Lee Foundation of
Singapore. They generously supported my research trip to the National Archives of the
United Kingdom in 2004.)
40
Land, Title Deed, and Urban Transformation
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44