georgia land history

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GEORGIA LAND HISTORY
Written by
Charles C. Corbin, Jr., P. E., L. S. &
Tripp Corbin, MCP, CFM, GISP
September 12, 2006
Keck & Wood, Inc.
Georgia Land History
Written by
Charles C. Corbin Jr., PE, PLS &
Tripp Corbin, MCP, CFM, GISP
Charles Corbin is both a registered Professional Engineer and Surveyor. He
graduated from Georgia Institute of Technology in 1970 with a degree in Civil
Engineering. He current serves as the Chairman of the Board of Directors for Keck
& Wood, Inc. During his 40 years of experience, Charles has seen survey
technology change drastically over the last 40 years from the days of Chain and
Transit to GPS. He is currently working to map all the original land grants for Wilkes
County from Georgia's Colonial Period and overlaying them on USGS Quad Sheets
in his spare time. This project has proven to be one of the most challenging he has
faced.
Tripp Corbin first experienced surveying as a teenager working for Keck & Wood
during school breaks in the 1980’s. He has been hooked ever since. Tripp now has
over 16 years of surveying, mapping and GIS experience. He is a GIS certified
professional and an ESRI Authorized instructor. While working in the field he has
used everything from transit and chains to modern digital GPS equipment. Tripp is
also familiar with a wide range of software packages including AutoCAD, ArcGIS,
and ArcView. Tripp has completed many surveying related classes at Southern
Polytechnic University including Elementary Surveying, Route Surveying, Hydrology
for Surveyors and Legal Aspects of Surveying.
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Different Land Systems
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Spanish Influence 1521 to 1742
Colony of Georgia 1733 to 1754
British Colony 1754 to 1777
Revolutionary War 1777 to 1782
Headright System 1783 to 1804
Land Lotteries 1805 to 1832
Present Land System 1833 to 2006
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Georgia Land Systems
Different Systems
Spanish Influence 1521 to 1742
Colony of Georgia 1833 to 1754
British Colony 1754 to 1777
Revolutionary War 1777 to 1782
Headright System 1783 to 1804
Land Lotteries with Land Lots 1805 to 1832
Present day system
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Spanish Influence
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1521 to 1742
Lasted over 220 years
Battle of Bloody Marsh July 30, 1742
Spanish lost
British took over
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Spanish Period
Spanish Influence – lasted over 220 years but nothing really remains in our present
system. Like the British later, when Spain was defeated at the Battle of Bloody
Marsh on Saint Simons Island on July 30, 1742, its influence in Georgia was
essentially over. The British erased all vestiges of Spanish land grants because
they won and the Spanish lost. Land controlled by Spain fell under the British
Crown.
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Colony of Georgia
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Charter granted June 9, 1732
1733 to 1754
Oglethorpe arrived in 1733
Trustees ran Colony from London
Grants of 50 to 500 acres given
1741 grants administered in Georgia
Generally resulted in regular parcels
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Early Colonial Period
When Gen. James Oglethorpe arrived in Georgia in 1733, Georgia was a colony run
by Trustees under a charter granted by King George II on June 9, 1732. Any land
transferred from colony ownership to private ownership was initially done from
London by the Trustees of Georgia. Grants ranged in size from a maximum of 500
acres for those who traveled to Georgia at their own expense to 50 acres for those
who traveled at the expense of the Colony. In 1741 the system was reorganized
with Colony officials directly responsible for land grants. The system resulted
generally in regular shaped parcels with matching boundaries to adjacent tracts.
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1747
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Early map of the colony of Georgia
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British Colony
• Civil government established August 6,
1754 by King George II
• 1754 to 1777
• Land grants in Kings name
• Land granted by Royal Governor
• 100 acres per individual plus 50 acres per
dependant
• State divided into 12 parishes (1758 to
1765)
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Late Colonial Period
On August 6, 1754, King George II established a civil government in Georgia
responsible to the Crown rather than Trustees. From that date till the end of British
rule, land grants were in the name of the King and were issued by the appointed
Royal Governor. Individuals who had received grants under the Trustees were
required to apply for new grants from the King. Each month the governor and his
council met on the first Tuesday to receive petitions for land grants. Each petitioner
was eligible for 100 acres for himself and 50 additional acres for each dependant.
There was a provision to authorize up to an additional 1,000 acres at a price of one
shilling per 10 acres. From 1763 forward veterans of the French and Indian War
were eligible for grants of 50 to 5,000 acres depending on rank held during the War.
The governor issued a warrant to have the petitioner’s land surveyed by the
Surveyor General of the Colony. The surveyor laid out the land and prepared a plat
which was returned to the Colonial Secretary who had the governor and council sign
the grant and then filed it with the register. When the petitioner paid his fees, he
was given title to the land provided he cultivated at least 3 of each 50 acres. During
the Royal era, the state was divided into 12 parishes. 8 were established March 15,
1758 with the remaining 4 established March 25, 1765. The parishes were later
combined to form 7 counties, Richmond, Burke, Effingham, Chatham, Liberty, Glynn
and Camden.
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Revolutionary War
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1777 to 1782
Royal Governor flees state March 1776
July 14, 1779 Royal Governor returns
British leave Savannah July 1782
State largely under British control
Peace Treaty agreed to November 30,
1782
• Treaty signed in Paris September 3, 1783
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Revolutionary War
During the Revolutionary War things in Georgia were in turmoil. While both Loyalist
and Patriots attempted to carry on “business as usual”, the practices were slanted
to the group who held control at the time. Royal Governor James Wright fled
Georgia in March of 1776 and the state was under Patriot control until the British
captured Savannah in 1778. Governor Wright resumed his office on July 20, 1779.
From then most of Georgia was under British control and therefore subject to their
wishes. When the British gave up Savannah in July 1782, British influence in
Georgia went with them.
That marked the beginnings of Georgia’s state
government. Like Spain, most of the records from British control have disappeared.
When governmental control returned to the Patriots, most Loyalist’s land holdings
were confiscated and regranted to Patriots.
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1794
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End of Revolutionary War
Briton and the United States agreed to a peace treaty on November 30, 1782. The
formal document was executed in Paris on September 3, 1783. It established
Georgia’s western boundary as the Mississippi River. Earlier in 1783 on February
17th, Georgia passed the first postwar land act. With its passage, the headright
system administered by the state began.
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Map of Georgia extending to Mississippi
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HEADRIGHT
SYSTEM
• 1783 TO 1804
• February 17, 1783 passed first land act
• Individual were eligible for 200 acres as
“headright” plus 50 acres per dependant
• First 200 free, rest 1 to 4 shillings per acre
• 1,000 acre maximum
• No control of parcel configuration
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Headright System
Under the system, a man was allowed 200 acres at no charge plus an additional 50
acres for each dependant at a cost of 1 to 4 shillings per acre. The maximum grant
was set at 1,000 acres. There were no provisions in the act to establish the
configuration of parcels or the relationship to adjoining owners. While many were
rectangular or square, the desire to obtain the most desirable land often lead to
irregular shaped parcels.
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Georgia map of headright area
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Typical Headright Plat
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Sample of a typical plat created under the Headright system.
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Typical
Headright Grant
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A sample of a Headright Grant.
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System Abuse
• Pine Barrens Fraud 1787 to 1798,
Montgomery County et al. Bogus claims
for large grants.
• Yazoo Land Fraud 1795 to 1802, land
west to Mississippi River. Speculators
purchased 25+ million acres from state for
resale to individuals. Georgia’s
participation ended when land ceded to
US in 1802. Final settlement in 1818.
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Land Fraud Cases
During the headright system, two infamous land frauds occurred. The Pine Barrens
Fraud or Speculation was the result to attempts to manipulate the grant system for
individual advantage by receiving large grants. The scheme effected many early
Georgia Counties but Montgomery County was most effected. Individuals applied
for either large tract of more than 1,000 acres or multiple grants for 1,000 acres.
The problem began in 1787 under Governor Mathews and ended in January 1798
when Governor Jackson took office. These bogus grants caused many title
problems into the 1900’s.
The second of Georgia’s major land frauds was the Yazoo Land Fraud. While it
involved land which is now outside of the state boundaries, it caused a stir between
1789 and 1802 when Georgia ceded lands from its present western border to the
Mississippi River. The state legislature authorized sale of over 25 million acres to 3
private companies. Those companies invited investors who were to benefit by the
sale of the granted lands. A public outcry about the cheap sale of state land caused
the responsible politicians to leave the state hurriedly. While “recending legislation”
was passed by a new legislature, the damage was done as there were many
recorded deeds. Georgia bowed out in 1802 by ceding the land to the United
States but it took until 1818 at a cost of nearly $4.3 million dollars to finally resolve
the outstanding claims.
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Headrigth System
How it Worked
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Individual appeared in Land Court
Warrant for Survey Issued
County Surveyor did Survey & drew Plat
Grantee occupied land for 1 year
Grantee cultivated at least 3% of grant
Grantee awarded fee simple title to grant
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The headright process consisted of the applicant appearing before a land court in
the county in which they wished to receive land. The applicant described the land
he wished to obtain and took an oath declaring he was eligible for the grant. If the
land court was in agreement, it issued a warrant for the land to be surveyed. The
county surveyor his deputy or an assistant of the Surveyor General of Georgia then
surveyed the tract and prepared a plat of the land which was filed with the Surveyor
General of Georgia. To secure the grant the individual had to occupy the land,
cultivate at least 3 percent of the land and live on the land for at least one year.
After the first year, the applicant could apply to the Governor’s office for title to his
grant. When fees were paid, the Governor’s office then issued fee simple
ownership to the applicant.
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1805
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Map of Georgia from 1805
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Land Lotteries
• 1805 to 1832
• Six different lotteries – 1805, 1807, 1820,
1821, 1827 and 1832 (sometimes counted
as 2 different lotteries)
• All based on land lots in land districts
• Varied sizes, 40 acres, 160 acres, 202.5
acres, 250 acres and 490 acres
• Individuals were given 1 or 2 draws
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Georgia Land Lotteries
Problems caused by the headright system and the two major land frauds made the
legislature realize it must find a better system to distribute the public land remaining
in Georgia as of 1805. The system they created was the Land Lottery system. It
should be noted that the Public Land System was already developed and in use for
territories under Federal Government control. Georgia elected not to use this
system and instead created their own, the Land Lottery.
1805 to 1832 is known as the Land Lottery Period. Georgia had 6 different land
lotteries to distribute public land to private ownership. The 1832 lottery is
sometimes counted as two different lotteries as it was the result of two different
legislative acts. For that reason some people identify 7 lotteries.
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1805 LAND LOTTERY
• Covered 13 Land Districts (Baldwin,
Wayne & Wilkinson Co.)
• 202.5 and 490 acre land lots
• Single men, over 21,Ga. Resident 1 yr. got
one draw
• Married men with wife or children, Ga.
Resident 1 yr. got 2 draws
• Widows & minors, Ga. Resident 1 yr. got 2
draws
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1805 Land Lottery
The first was held in 1805 and was based on an Act passed in 1803. It covered 13
land districts in Baldwin, Wayne and Wilkinson counties. It was the first to divide
land into regular geometric shapes. Baldwin and Wilkinson counties had 202.5 acre
land lots while Wayne had 490 acre land lots. Males living in Georgia 1 year or
longer received 1 chance if they were single and 2 chances if they were married.
Widows with a minor child who had lived in the state 1 year or more also received 2
chances. Minor orphans received 1 chance. If the registered individual “drew” a
land lot by chance, the grant was $0.04 per acre.
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1805 Land Lottery
The Above map shows 1805 lottery limits.
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1807 LAND LOTTERY
• Covered 38 Land Districts
• 202.5 acre land lots
• Single men, over 21,Ga. Resident 3 yr. got
1 draw
• Married men with wife or children, Ga.
Resident 3 yr. got 2 draws
• Widows & minors, Ga. Resident 3 yr. got 2
draws
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1807 Land Lottery
The second lottery was held in 1807. This one covered 38 land districts. The same
eligibility rules applied except a 3 year residency was required and widows did not
have to have a minor child. Winners in the first lottery were excluded from
participating. The grant fee for the second lottery was $0.06 per acre. The counties
covered were Baldwin and Wilkinson. All lots in this lottery were 202.5 acres.
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1807 Land Lottery
The Above map shows 1807 lottery limits.
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1820 LAND LOTTERY
• Covered 82 Land Districts
• 250 and 490 acre land lots
• Single men, over 18,Ga. Resident 3 yr. got
1 draw
• Married men with wife or children, Ga.
Resident 3 yr. got 2 draws
• Widows & minors, Ga. Resident 3 yr. got 1
draws
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1820 Land Lottery
1820 was the year of the third land lottery. It covered 82 land districts and
contained land lots of either 250 acres or 490 acres. Counties included were
Appling, Early, Gwinnett, Habersham, Hall, Irwin, Rabun and Walton. Appling and
Irwin contained the large land lots. Eligibility stayed the same as the second lottery
expect the scope was expanded to include veterans of the Revolutionary War, the
Indian War and the War of 1812. One catch, veterans had to be either invalid or
indigent. The grant fee for the lots was a flat amount of $18 whether the lot was
250 acres or 490 acres. Those drawing 490 acre lots got a bargin at $0.037 per
acre while those with 250 acre lots paid $0.072 per acre.
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1820 Land Lottery
The Above map shows 1820 lottery limits.
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1821 LAND LOTTERY
• Covered 69 Land Districts
• 202.5 acre land lots
• Single men, over 18,Ga. Resident 3 yr. got
1 draw
• Married men with wife or children, Ga.
Resident 3 yr. got 2 draws
• Widows & minors, Ga. Resident 3 yr. got 1
draws
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1821 Land Lottery
One year later in 1821 the fourth land lottery took place and covered 69 land
distircts. It unilaterally distributed 202.5 acre land lots for the grant fee of $19 or
$0.094 per acre. Eligibility remained approximately as the 1820 lottery. Counties
covered included Dooly, Fayette, Henry, Houston and Monroe.
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1821 Land Lottery
The Above map shows 1821 lottery limits.
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1827 LAND LOTTERY
• Covered 94 Land Districts
• 202.5 acre land lots
• Single men, over 18,Ga. Resident 3 yr. got
1 draw
• Married men with wife or children, Ga.
Resident 3 yr. got 2 draws
• Widows & minors, Ga. Resident 3 yr. got 1
draws
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1827 Land Lottery
In 1827 the fifth lottery was held. It covered 94 land districts and also granted land
lots of 202.5 acres. The grant fee charged was $18 or $0.089 per acre. Eligibility
was much like earlier lotteries except for categories added for male and female
idiots, lunatics or insane over 10 years old. Counties included were Carroll,
Coweta, Lee, Muscogee and Troup. Once again previous winners were excluded.
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1827
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The above map show the states of Georgia, South Carolina and North Carolina as
they appeared in 1827.
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Above is a zoomed in view of Georgia from the previous map. Notice the
differences from Georgia’s current Counties.
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Georgia map of 1827 lottery
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1832 LAND LOTTERY
• Covered 93 Land Districts – 33 Gold Dist.
• 160 and 40 acre land lots (gold lots 40
acres)
• Single men, over 18,Ga. Resident 3 yr. got
one draw
• Married men with wife or children, Ga.
Resident 3 yr. got 2 draws
• Widows & minors, Ga. Resident 3 yr. got 1
draws
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1832 Land Lottery
The final lottery was held in 1832 and covered 93 land districts, 33 of which were
“gold districts”. It transferred lots of 40 acres known as gold lots or lots of 160
acres. The two acts creating the lotteries were enacted December 21, 1830 and
December 24, 1831. Gold lots were due to discovery of gold in Dahlonega. The
grant fee charged was for either size was $18. For the two size lots offered that
amounts to $0.45 per acre for gold lots and $0.1125 per acre for the other size lots.
Eligibility for normal lots was the same as previous lotteries including idiots, lunatics
and insane. Gold lot draws were limited to married or single men, widows and
orphan families, all at least 3 year residents of Georgia.
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1831
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The above map shows Georgia as it appeared before the 1832 Land Lottery.
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1832 Land Lottery
The above map shows the lottery boundaries for the 1832 Lottery. It includes the
Gold Lots.
Following the land lotteries, Georgia has been in the present system we all work
with. During the Civil War the system remained the same and was not changed.
After the war, the system continued as we know it today.
Now to talk a bit about the mechanics of the two main systems that influence our
present system.
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Land Lotteries
How they Worked
• Land laid out in square grid pattern
• Eligible individuals applied to Inferior Court
• Land Lots and blanks were placed in
barrel equaling number of eligible
applicants
• A name from list named & draw made
• Some got land lots, others got blanks
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How the Land Lottery Worked
As discussed earlier the legislature recognized the short comings of the headright
system and moved to fix it with the land lotteries. To solve the creation of gaps,
gores and overlaps, the land lot system laid out all land in a grid pattern assuring
the matching of adjacent boundaries. To eliminate frauds and scandals marking the
headright system, the legislature introduced a lottery system. Under the system,
each eligible individual registered with the Inferior Court in their county. According
to status, the applicant was given “draws” in the lottery. When the list was compiled
of the entire state, and a total number of applicants known, the lots for distribution
and a number of “blanks” were placed in a rotating barrel. As each name on the list
of eligible individuals was called, a draw from the barrel was made. The individual
received either a land lot or a “blank”.
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Early Surveys
• Direction measured with compass in
degrees
• Distance measured with a 100 link chain
of 66 feet.
• Chains a unit of length
• Trees used as corner monuments
• Precision 1 foot error in each 50 to 100
feet measured
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Early Survey Methods
Surveys of the era were accomplished with a staff compass to determine direction
and a chain to measure distance. The compass was marked in degrees or half
degrees with most bearings given to the nearest degree. The chain, the measuring
device, was made up of 100 links each was 0.66 feet long. The chain, the unit of
measure, was 66 feet long and represented a convenient means of measure as a
square or rectangle whose sides were measured in chains when multiplied, give
acres times 10. For example a rectangle measuring 10 chains wide by 20 chains
long (660 feet by 1320 feet) contains 20 acres (10 chains X 20 chains = 200 square
chains or 20 acres). As proof, 660 feet X 1320 feet = 871,200 square feet; 871,200
square feet / 43,560 sq. ft. per acre = 20 acres.
By present Georgia law governing surveys, the minimum accuracy is for every
5,000 feet measured, the error in making measurements can not exceed 1 foot.
Using the electronic equipment commonly in use today, it is quite common to expect
to measure over 50,000 feet without accumulating 1 foot of error. Except for
squares or rectangles where perfect measurements are obvious, surveys performed
from the 1780’s through the early 1800’s did not have a high degree of linear
accuracy. Most surveys had error ratios of 1 foot of error for every 50 to 100 feet
measured.
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Direction Measure
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Early Survey Methods
Above are pictures of the types of compasses used during both the Headright and
Land Lotteries. The compass was marked in degrees or half degrees with most
bearings given to the nearest degree.
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Distance Measure
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Early Survey Methods - Chains
The chain or Gunther’s Chain was made up of 100 links each was 0.66 feet long.
The chain was 66 feet long.
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Today’s Tools
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Modern Survey Equipment
Above are pictures of modern survey tools including Electronic Total Stations and
GPS. As you can see we have come a long way. Technology has changed the level
of accuracy and way we survey more in the last 20 years than it did in the previous
200 years.
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Why Chains?
• Many old English measurement units are
based on Chains
– 4 Poles/Rods(16.5 ft) = 1 Chain
– 10 Chains = 1 Furlong
– 80 Chains = 1 Mile
• Convenient to measure squares or
rectangles because equal acres X 10
• 10 chains by 20 chains = 200 sq. chains or
20 acres
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Chains
The Gunther chain was invented by Edmund Gunther in 1620. It was made of
number 6 or 9 wire. This chain played an important role in today's system of
measurement. The chain was made up of 100 links each was 0.66 feet long.
So why the Chain?? To us it might not seem to make sense to use a unit that is 66
feet long. However if we look at other old English measurements it starts to make
sense. As we can see above the Chain is easily related to other units of mearsure
that we do not use today. Those units were common during the time Georgia was
originally parceling out new land. Actually many of those were still in use up through
the middle of the 20th Century.
The chain is also a convenient means of measure as a square or rectangle whose
sides were measured in chains when multiplied, give acres times 10. For example a
rectangle measuring 10 chains wide by 20 chains long (660 feet by 1320 feet)
contains 20 acres (10 chains X 20 chains = 200 square chains or 20 acres). As
proof, 660 feet X 1320 feet = 871,200 square feet; 871,200 square feet / 43,560 sq.
ft. per acre = 20 acres. This is why people in the timber industry like maps at 660 or
330 scale.
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Early Plats
• Direction – N 45 E normally whole degrees
• Distance – 23 ch normally whole chains
• Area – measured in acres often 50
multiples due to headright
• Monuments – corners marked by trees,
usually on line trees also identified
• Water basin usually noted
• Surveyor named
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During this era, most properties were monumented by witness trees at the corners.
Plats of the 1780’s through the 1800’s identify trees at property corners. Identifying
markings such as “X”’s or “/”’s were sometimes noted. Occasionally “stakes”
marked corners. In addition to corner monuments, on line trees were normally
recorded on plats. Species included most native Georgia trees, including pine,
hickory, red oak, white oak, black oak, post oak, Spanish oak, dogwood, sassafras,
chestnut, sweet gum and wahoo (an elm).
Most plats of the era were referenced to some water way such as a river or a creek.
The reason was simple, there were not many roads or other features to note.
Rivers and creeks provided both a means for transportation and a source of water.
It is by the creeks or rivers that one can plot or find locations of the old grants.
The system did have many short comings. First, because there were no
requirements for shape or matching boundaries of adjacent parcels, there were
many gaps, gores, overlaps and other faults that caused confusion.
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Hickory Corner
Creek – Not Named
Actually Newford Ck
Marked with 3 “X”
Grantee
Area
Post Oak Corner
Marked with 3 “X”
40 ch X 50 ch = 2000 sq ch
Adjacent Owner
2000 / 10 = 200 ac
Widow Miles
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