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Beginners => Family History Beginners Board => Topic started by: davesixstringsperry on Monday 13 October 25 16:37 BST (UK)
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Hi! Newbie here, with a question relating to land and probate in England. Wondering if anyone else has come across this in their family search. One of my relatives owned a field, and I'm interested to find out how it came into her possession. I'm wondering if it was passed down to her (especially as she had farmers on her mother's side). I have her mother's will (dated 1925 and enacted 1929) which gives her half of everything, which states "save and except Settled Land". Does anyone know how I'd go about finding more about what land was passed down the generations, if any? Thanks in advance for any tips!
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if you know where the land was I wonder if you could search the land registries for it,
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Or you work your way back through all the wills
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Yes, I wonder if Land Registry is the way I need to go. Thanks!
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Or you work your way back through all the wills
Or find the Tithe records.
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I suggest starting with the 1910 Valuation Office Survey (also known as the Lloyd George Doomsday Survey). This was compiled between 1910 and 1915 and provides a listing of all land in England and Wales over 1 acre in area. Probably the easiest site to use initially is The Genealogist (https://www.thegenealogist.co.uk/lloyd-george-domesday/). This information can then be tied in to the tithe maps mentioned by macwill, which cover an earlier period. Land registration was pretty hit and miss prior to the Land Registration Act 1925 (https://www.legislation.gov.uk/ukpga/Geo5/15-16/21/enacted), and the local county record office for the area where the land is located would be a good starting point. Given the timing of the mother's will, it's possible that a solicitor dealing with the mother's estate would have been mindful of the need to register the land (per the 1925 Act) and so that might give you a starting point. However there is no guarantee a. that it actually was registered with the local Land Registry, and b. that there will be any details about earlier ownership.
Do you understand the significance of the term 'settled land'? If not, take a look at the Settled Land Act 1925 (https://www.legislation.gov.uk/ukpga/Geo5/15-16/18/section/1), perhaps in conjunction with the Wikipedia article on the subject. The 1925 Act relaxed the old common law restrictions on strict settlements.
Both of the Acts mentioned were part of wider reforms of real property ownership during the mid 1920s.
Another piece of legislation which may have a bearing on the earlier ownership of the land is the Married Women's Property Act 1882 (https://en.wikipedia.org/wiki/Married_Women%27s_Property_Act_1882). This was the first time that (most) married women were allowed to own real property in their own names. This may apply to the mother if she inherited the land from her family's side, rather than from her husband. Due to the mention of settled land, she may have held the land in trust.
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For the sake of clarity, my previous reply applies to real property in England and Wales. If the land lies in Scotland the starting point would be a search of the sasine register at the Registers of Scotland (https://www.ros.gov.uk/services/search-property-information).
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Much appreciated! And we are talking about England.