The Lease Lands of Cambridge

[Pages:33]The Lease Lands of Cambridge

Cambridge Historical Society May 8, 2019

George Putnam and Joel Page

A presentation about so-called "lease lands" in the town of Cambridge, Vermont. Given by George Putnam and Joel Page at the Cambridge Historical Society on May 8, 2019.

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"All of the above described and herein conveyed land is lease-land, subject to an annual rental to the Town of Cambridge."

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Suppose you were searching the chain of title for a property you own in Cambridge, and you found this language in an early deed. What does it mean? Whatever it means, it is surely ancient language, right? It cannot have much relevance for today, can it?

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"All of the above described and herein conveyed land is lease-land, subject to an annual rental to the Town of Cambridge." Town of Cambridge Land Records Volume 45 Page 528 August 22, 1969

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Not so fast. This language is only 50 years old ? 1969. And this language can have a great deal of relevance today. A title insurance company is likely to consider this language a title defect, and a bank may refuse to lend money against this property as collateral.

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What we'll cover

? Origin of lease land ? Example lease payments in Cambridge ? The law pertaining to lease land ? Where is it in Cambridge?

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There is much we don't know. But we'll share what we have learned.

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It all started with Benning Wentworth

? Colonial governor of New Hampshire

? Governor for 25 years: 1741?1766

?before the American Revolution

? Issued about 130 town charters in the New Hampshire Grants ? now Vermont

? Included public shares of land to be set aside

Image credit: Wikipedia, public domain

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It all started with Benning Wentworth. He was the colonial governor of New Hampshire for 25 years ? from 1741 to 1766. In other words, before the American Revolution.

Benning Wentworth issued about 130 town charters in what was then called the New Hampshire Grants, and is now Vermont. In each charter, he included public shares of land to be set aside. The public shares were about 5% of the total land.

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The Republic of Vermont continued the practice

? American Revolution 1775-1783

? Republic of Vermont 1777-1791

? Pictured: Thomas Chittenden, first governor of the Republic of Vermont

? The Republic of Vermont continued to issue town charters

? Also included public shares of land to be set aside

Image credit: Wikipedia, public domain

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Two years after the American Revolution began in 1775, the independent Republic of Vermont was formed in 1777. The new government of the Republic of Vermont continued the practice of issuing town charters with public shares of land to be set aside.

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What is a public share of land?

? Publicly owned land subject to a perpetual lease ? The lease payments went to support church or school ? Lessees could trade the lease, but they did not "own" the land ? The purpose was to create a self-sustaining town

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Approximately half of Vermont towns have Wentworth charters (e.g., Underhill) Approximately half of Vermont towns have Vermont charters (e.g., Cambridge)

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When discussing lease land in a Vermont town, the first thing to know is: Which kind of town is it? Is it a town with a Wentworth charter? Or is it a town with a Vermont charter? Because there are differences between the two types of charters pertaining to lease land. Every town in Lamoille county has a Vermont charter, except Stowe which has a Wentworth charter. Every town in Chittenden county has a Wentworth charter. The easy way to know if a town has a Wentworth charter or a Vermont charter is to check the date of the charter. If it was 1766 or earlier, i.e., before the American Revolution, it's a Wentworth charter. If it was 1777 or later, it's a Vermont charter.

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