Property Law in Colonial New York
Encyclopedia
Property Law
in New York
during the 17th Century
colonial period was based upon manorialism
. Manorialism was characterized by the vesting of legal and economic power in a Lord of the Manor
, supported economically from his own direct landholding in a manor
and from the obligatory contributions of a legally subject population of tenants and laborers under the jurisdiction of his manorial court. These obligations could be payable in several ways, in labor
, in kind
, or, on rare occasions, in coin
.
However, by the turn of the 18th Century
, the political influence of popularly-supported "assemblies," notably the Albany
Assembly, had begun to effectively break the legal power of the manor lords, and place it quite firmly in the hands of those who held the vote under the "Lawes of England." This was interpreted in the Province as persons who were freehold land owners and leasehold tenants with a lifetime lease, provided that in either case the land was valued at least £40. Politically, this may not have resulted in much change considering that manor lords won representation of their manors in every election from 1691–1776. In fact, only two elections were even contested, and then simply by rival factions within the same manorial families. In the law, however, there was a quite radical change as tenants were converted from mostly "at will" leaseholders, whose lease was at the will of the manor lords, to mostly lifetime leaseholders and freeholders.
from the Dutch in 1664, but the commercialism begun by the Dutch persisted. English structural influence was due in large part to the widespread textual invocation of Blackstone
. According to political scientist Donald Lutz, no European authorities were cited more often than Blackstone and Montesquieu during the late 18th
and early 19th
centuries, and each were quoted nearly three times as often as the next person on the list, John Locke
. Additionally, the common post-Revolution practice of using legal documents that were nearly identical to those under British
rule helps explain the strong influence of English common law
. The primary distinction was that references to the "Lord" or the "King" were replaced with "the People" or the "United States."
In a legal realist
sense, the political prominence of early Dutch and English merchants and the prevailing economic system
of the day also strongly affected the development of New York property law. For example, Kim writes of the manorial lords that "[i]n a society where ownership of land was a primary source of status, and in an economy where wheat and timber products were staple goods, the great proprietors inevitably became 'elites' in the broadest sense of the word." The growth and development in New York of the elite manorial and mercantile classes—buttressed and supported by the vast tenant class—fundamentally affected the course of colonial New York property law.
is a common law property system largely inherited from property law principles developed under English and British monarchical
rule. In the British system, the sovereign monarch, known as The Crown
, held land in its own right. All private owners were either its tenants or sub-tenants, with the term "tenure" used to signify the relationship between tenant and lord.
, at the mouth of the Hudson River
, near modern-day Wall Street
. During this period, the most effective way to own land at the territorial level was to occupy and forcibly hold it. What became New York was first claimed and settled by the Dutch
under the Dutch patroon
system, and later by the English
ducal system under the Duke of York. In imitation of the way most land was held in England
, lords of manors
were granted large tracts of land along the Hudson and were tasked with settling the Hudson River valley by occupying and forcibly holding it. During the transition from British rule to the post-Revolutionary War United States
, New York property law would be characterized by vestiges of this early manorial law colliding with the influence of Hamiltonian federalists, local merchants, and banking interests.
(1664–1775) was an English
and later British
crown territory
that originally included all of the present U.S. state
s of New York, New Jersey
, Delaware
and Vermont
, along with inland portions of Connecticut
, Massachusetts
, and Maine
, as well as eastern Pennsylvania
. The majority of this land was soon reassigned by the Crown, leaving the territory now known as New York State.
The province resulted from the surrender of Provincie Nieuw-Nederland
by the Dutch Republic
to the Kingdom of England
in 1664. Immediately after, the province was renamed for James
, Duke of York
, brother of Charles II of England
. The territory was one of the Middle Colonies
, and ruled at first directly from England.
Scholars and historians such as Irving Mark, Sun Bok Kim, and others have described New York in the colonial period as embroiled in a class struggle
from the start, first under the Dutch patroon
system, then under the British ducal
system, and later under Hamiltonian banking interests, but always in tension with the tenant classes and the "'independent' local jurisdictions" of Long Island and other parts of New York, as well as with nearby colonies particularly New Jersey
, Connecticut
and Massachusetts
.
of local representatives declared itself the government on May 22, 1775, first referred to the "State of New York" in 1776, and ratified the New York State Constitution in 1777. While the British
regained New York City
during the American Revolutionary War
using it as its military and political base of operations in North America, and a British governor was technically in office, much of the remainder of the former colony was held by the Patriots
. British claims on any part of New York ended with the Treaty of Paris (1783)
.
As the British empire lost its grip on power in the region, British law was replaced with American constitutionalism in the late 18th Century
. During this period and into the early 19th Century
, American economic growth would be characterized by mass agricultural production driven by tenant farmers in the North and slave-labor in the South, consolidated banking in New York City
, and land speculation.
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
during the 17th Century
17th century
The 17th century was the century which lasted from 1601 to 1700 in the Gregorian calendar.The 17th century falls into the Early Modern period of Europe and in that continent was characterized by the Dutch Golden Age, the Baroque cultural movement, the French Grand Siècle dominated by Louis XIV, the...
colonial period was based upon manorialism
Manorialism
Manorialism, an essential element of feudal society, was the organizing principle of rural economy that originated in the villa system of the Late Roman Empire, was widely practiced in medieval western and parts of central Europe, and was slowly replaced by the advent of a money-based market...
. Manorialism was characterized by the vesting of legal and economic power in a Lord of the Manor
Lord of the Manor
The Lordship of a Manor is recognised today in England and Wales as a form of property and one of three elements of a manor that may exist separately or be combined and may be held in moieties...
, supported economically from his own direct landholding in a manor
Manor
-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...
and from the obligatory contributions of a legally subject population of tenants and laborers under the jurisdiction of his manorial court. These obligations could be payable in several ways, in labor
Corvée
Corvée is unfree labour, often unpaid, that is required of people of lower social standing and imposed on them by the state or a superior . The corvée was the earliest and most widespread form of taxation, which can be traced back to the beginning of civilization...
, in kind
Payment in kind
Payment in kind refers to payment for goods or services with a medium other than legal tender ....
, or, on rare occasions, in coin
Coin
A coin is a piece of hard material that is standardized in weight, is produced in large quantities in order to facilitate trade, and primarily can be used as a legal tender token for commerce in the designated country, region, or territory....
.
However, by the turn of the 18th Century
18th century
The 18th century lasted from 1701 to 1800 in the Gregorian calendar.During the 18th century, the Enlightenment culminated in the French and American revolutions. Philosophy and science increased in prominence. Philosophers were dreaming about a better age without the Christian fundamentalism of...
, the political influence of popularly-supported "assemblies," notably the Albany
History of Albany, New York (1664–1784)
The history of Albany, New York from 1664 to 1784 begins with the English takeover of New Netherland and ends with the ratification of the Treaty of Paris by the Congress of the Confederation in 1784, ending the Revolutionary War....
Assembly, had begun to effectively break the legal power of the manor lords, and place it quite firmly in the hands of those who held the vote under the "Lawes of England." This was interpreted in the Province as persons who were freehold land owners and leasehold tenants with a lifetime lease, provided that in either case the land was valued at least £40. Politically, this may not have resulted in much change considering that manor lords won representation of their manors in every election from 1691–1776. In fact, only two elections were even contested, and then simply by rival factions within the same manorial families. In the law, however, there was a quite radical change as tenants were converted from mostly "at will" leaseholders, whose lease was at the will of the manor lords, to mostly lifetime leaseholders and freeholders.
Property Law in Colonial New York
The legal structure of American land law in the colonial period was made up primarily of Dutch and English law. The English influence became more prominent after the seizing of New AmsterdamNew Amsterdam
New Amsterdam was a 17th-century Dutch colonial settlement that served as the capital of New Netherland. It later became New York City....
from the Dutch in 1664, but the commercialism begun by the Dutch persisted. English structural influence was due in large part to the widespread textual invocation of Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
. According to political scientist Donald Lutz, no European authorities were cited more often than Blackstone and Montesquieu during the late 18th
18th century
The 18th century lasted from 1701 to 1800 in the Gregorian calendar.During the 18th century, the Enlightenment culminated in the French and American revolutions. Philosophy and science increased in prominence. Philosophers were dreaming about a better age without the Christian fundamentalism of...
and early 19th
19th century
The 19th century was a period in history marked by the collapse of the Spanish, Portuguese, Chinese, Holy Roman and Mughal empires...
centuries, and each were quoted nearly three times as often as the next person on the list, John Locke
John Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
. Additionally, the common post-Revolution practice of using legal documents that were nearly identical to those under British
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
rule helps explain the strong influence of English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. The primary distinction was that references to the "Lord" or the "King" were replaced with "the People" or the "United States."
In a legal realist
Legal realism
Legal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States...
sense, the political prominence of early Dutch and English merchants and the prevailing economic system
Economic system
An economic system is the combination of the various agencies, entities that provide the economic structure that defines the social community. These agencies are joined by lines of trade and exchange along which goods, money etc. are continuously flowing. An example of such a system for a closed...
of the day also strongly affected the development of New York property law. For example, Kim writes of the manorial lords that "[i]n a society where ownership of land was a primary source of status, and in an economy where wheat and timber products were staple goods, the great proprietors inevitably became 'elites' in the broadest sense of the word." The growth and development in New York of the elite manorial and mercantile classes—buttressed and supported by the vast tenant class—fundamentally affected the course of colonial New York property law.
Landlord–Tenant System of Property
Land tenureLand tenure
Land tenure is the name given, particularly in common law systems, to the legal regime in which land is owned by an individual, who is said to "hold" the land . The sovereign monarch, known as The Crown, held land in its own right. All private owners are either its tenants or sub-tenants...
is a common law property system largely inherited from property law principles developed under English and British monarchical
Monarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
rule. In the British system, the sovereign monarch, known as The Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, held land in its own right. All private owners were either its tenants or sub-tenants, with the term "tenure" used to signify the relationship between tenant and lord.
Colonial New York
Throughout the colonial period, New York property law generally served the needs of a merchant class situated on the southern tip of ManhattanManhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
, at the mouth of the Hudson River
Hudson River
The Hudson is a river that flows from north to south through eastern New York. The highest official source is at Lake Tear of the Clouds, on the slopes of Mount Marcy in the Adirondack Mountains. The river itself officially begins in Henderson Lake in Newcomb, New York...
, near modern-day Wall Street
Wall Street
Wall Street refers to the financial district of New York City, named after and centered on the eight-block-long street running from Broadway to South Street on the East River in Lower Manhattan. Over time, the term has become a metonym for the financial markets of the United States as a whole, or...
. During this period, the most effective way to own land at the territorial level was to occupy and forcibly hold it. What became New York was first claimed and settled by the Dutch
Dutch people
The Dutch people are an ethnic group native to the Netherlands. They share a common culture and speak the Dutch language. Dutch people and their descendants are found in migrant communities worldwide, notably in Suriname, Chile, Brazil, Canada, Australia, South Africa, New Zealand, and the United...
under the Dutch patroon
Patroon
In the United States, a patroon was a landholder with manorial rights to large tracts of land in the 17th century Dutch colony of New Netherland in North America...
system, and later by the English
English colonial empire
The English colonial empire consisted of a variety of overseas territories colonized, conquered, or otherwise acquired by the former Kingdom of England between the late 16th and early 18th centuries....
ducal system under the Duke of York. In imitation of the way most land was held in England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
, lords of manors
Lord of the Manor
The Lordship of a Manor is recognised today in England and Wales as a form of property and one of three elements of a manor that may exist separately or be combined and may be held in moieties...
were granted large tracts of land along the Hudson and were tasked with settling the Hudson River valley by occupying and forcibly holding it. During the transition from British rule to the post-Revolutionary War United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, New York property law would be characterized by vestiges of this early manorial law colliding with the influence of Hamiltonian federalists, local merchants, and banking interests.
Provincial New York
The Province of New YorkProvince of New York
The Province of New York was an English and later British crown territory that originally included all of the present U.S. states of New York, New Jersey, Delaware and Vermont, along with inland portions of Connecticut, Massachusetts, and Maine, as well as eastern Pennsylvania...
(1664–1775) was an English
English colonial empire
The English colonial empire consisted of a variety of overseas territories colonized, conquered, or otherwise acquired by the former Kingdom of England between the late 16th and early 18th centuries....
and later British
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
crown territory
Crown colony
A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....
that originally included all of the present U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s of New York, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
and Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, along with inland portions of Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, and Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, as well as eastern Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
. The majority of this land was soon reassigned by the Crown, leaving the territory now known as New York State.
The province resulted from the surrender of Provincie Nieuw-Nederland
New Netherland
New Netherland, or Nieuw-Nederland in Dutch, was the 17th-century colonial province of the Republic of the Seven United Netherlands on the East Coast of North America. The claimed territories were the lands from the Delmarva Peninsula to extreme southwestern Cape Cod...
by the Dutch Republic
Dutch Republic
The Dutch Republic — officially known as the Republic of the Seven United Netherlands , the Republic of the United Netherlands, or the Republic of the Seven United Provinces — was a republic in Europe existing from 1581 to 1795, preceding the Batavian Republic and ultimately...
to the Kingdom of England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
in 1664. Immediately after, the province was renamed for James
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
, Duke of York
Duke of York
The Duke of York is a title of nobility in the British peerage. Since the 15th century, it has, when granted, usually been given to the second son of the British monarch. The title has been created a remarkable eleven times, eight as "Duke of York" and three as the double-barreled "Duke of York and...
, brother of Charles II of England
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
. The territory was one of the Middle Colonies
Middle Colonies
The Middle Colonies comprised the middle region of the Thirteen Colonies of the British Empire in Northern America. In 1776 during the American Revolution, the Middle Colonies became independent of Britain as the states of New Jersey, Pennsylvania, New York and Delaware.Much of the area was part of...
, and ruled at first directly from England.
Scholars and historians such as Irving Mark, Sun Bok Kim, and others have described New York in the colonial period as embroiled in a class struggle
Class struggle
Class struggle is the active expression of a class conflict looked at from any kind of socialist perspective. Karl Marx and Friedrich Engels wrote "The [written] history of all hitherto existing society is the history of class struggle"....
from the start, first under the Dutch patroon
Patroon
In the United States, a patroon was a landholder with manorial rights to large tracts of land in the 17th century Dutch colony of New Netherland in North America...
system, then under the British ducal
Duke
A duke or duchess is a member of the nobility, historically of highest rank below the monarch, and historically controlling a duchy...
system, and later under Hamiltonian banking interests, but always in tension with the tenant classes and the "'independent' local jurisdictions" of Long Island and other parts of New York, as well as with nearby colonies particularly New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
and Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
.
New York State
The New York Provincial CongressNew York Provincial Congress
The New York Provincial Congress was an organization formed by rebels in 1775, during the American Revolution, as a pro-rebellion alternative to the more conservative Province of New York Assembly, and as a replacement for the Committee of One Hundred.A Provincial Convention assembled in New York...
of local representatives declared itself the government on May 22, 1775, first referred to the "State of New York" in 1776, and ratified the New York State Constitution in 1777. While the British
Kingdom of Great Britain
The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...
regained New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
during the American Revolutionary War
American Revolutionary War
The American Revolutionary War , the American War of Independence, or simply the Revolutionary War, began as a war between the Kingdom of Great Britain and thirteen British colonies in North America, and ended in a global war between several European great powers.The war was the result of the...
using it as its military and political base of operations in North America, and a British governor was technically in office, much of the remainder of the former colony was held by the Patriots
Patriot (American Revolution)
Patriots is a name often used to describe the colonists of the British Thirteen United Colonies who rebelled against British control during the American Revolution. It was their leading figures who, in July 1776, declared the United States of America an independent nation...
. British claims on any part of New York ended with the Treaty of Paris (1783)
Treaty of Paris (1783)
The Treaty of Paris, signed on September 3, 1783, ended the American Revolutionary War between Great Britain on the one hand and the United States of America and its allies on the other. The other combatant nations, France, Spain and the Dutch Republic had separate agreements; for details of...
.
As the British empire lost its grip on power in the region, British law was replaced with American constitutionalism in the late 18th Century
18th century
The 18th century lasted from 1701 to 1800 in the Gregorian calendar.During the 18th century, the Enlightenment culminated in the French and American revolutions. Philosophy and science increased in prominence. Philosophers were dreaming about a better age without the Christian fundamentalism of...
. During this period and into the early 19th Century
19th century
The 19th century was a period in history marked by the collapse of the Spanish, Portuguese, Chinese, Holy Roman and Mughal empires...
, American economic growth would be characterized by mass agricultural production driven by tenant farmers in the North and slave-labor in the South, consolidated banking in New York City
Wall Street
Wall Street refers to the financial district of New York City, named after and centered on the eight-block-long street running from Broadway to South Street on the East River in Lower Manhattan. Over time, the term has become a metonym for the financial markets of the United States as a whole, or...
, and land speculation.