A conditional purchase application

Conditional Purchases were introduced in 1862 as a way of getting small landholders on the land. They selected a portion of land, paid an initial deposit of %10 of the value, and then had to pay it off. The conditions were that they had to reside on the property, and they had to improve it – build a house, fences, etc. They could select land before it was surveyed, so by the time the surveyor came around there was often some improvements already built, which the surveyor often described and marked on the plan.

My ancestor Richard Eason (1829-1922) selected some land near Blayney in 1871. The land is Portion 199: 40 acres in the Parish of Graham, County of Bathurst, which is just north of the town of Blayney in New South Wales.

The Conditional Purchase number and Richard’s name was recorded on an old parish map:

Graham Parish map 1884 detail

NSW Lands Department, Historical Parish Maps. Bathurst County, Graham Parish, 1884. Detail showing Portion 199.

Historical parish maps can be viewed on the Parish Map Preservation Project website. The names that appear on the maps are those of the first title holders. Conditional purchasers could take 30-40 years to finish paying the land off, and if there was a mortgage involved then the bank became the first title holder. Later maps of this parish show the City Bank of Sydney on this portion.

Once I had the Conditional Purchase number, CP71.252, I could go to State Records NSW at Kingswood and ask to see the Conditional Purchase Register for that year:

Conditional Purchase Register 1871

State Records NSW: NSW Lands Department, Conditional Sales Branch, Conditional Purchase Register 1871.

The register gives a summary of the history of the purchase up until the title was issued by the Registrar General. Transfers of ownership to mortgagees can be seen, as well as the transfers back to Richard when he discharged the mortgage. Each of these transfers required a separate form to be filled in, and these forms are part of the correspondence for the purchase.

You can get quite a bit of information from the register, but if you want the actual documents you have to go further and trace the correspondence through the Correspondence Registers. It sounds easy but it is quite time consuming, and easy to make mistakes and lose your way. You must write down each document number recorded in this register, and then find each one in the relevant Correspondence Register to find out what happened to the document. It was either put away or filed with another document. If you are lucky, all the documents will be filed together and you will eventually find where they are. If not, you have to find and retrieve each one separately. If you are very unlucky, you may lose the trail and be unable to find the document, or the document may have been misplaced.

The documents I eventually found included this one – the original application form:

Conditional Purchase application form

State Records NSW: NSW Lands Department, Conditional Sales Branch, Correspondence files 1877-1951, NRS8103. Letter no. 71/5977.

I am inclined to think that Richard filled out this form himself, product of the Irish Education system as he was. He said he could read and write when he arrived in the colony in 1850, as did most of the people on the Oriental with him. The handwriting looks similar throughout, except for the signatures of others.

There are many other documents for this purchase, including:

  • 1871 – a letter from the surveyor in which he describes the improvements made by the applicant and the land contained an extra 6 acres and 3 roods, which the applicant had agreed to pay for.
  • 1871 – a list of deposits paid, with £1.13.9 against Richard’s name
  • 1874 – the Declaration of the Conditional Purchaser, where Richard declares that he has been in contonuous residence and made £50 worth of improvements
  • 1897 – Notification of Alienation of the land to Richard Chambers (his older sister’s nephew). I believe this to be the result of a mortgage.
  • 1885 – Transfer of Conditional Purchase returning ownership of the land from Richard Chambers to Richard Eason
  • 1891 – Transfer of Conditional Purchase to the City Bank of Sydney in consideration of the sum of £450
  • 1904 – Transfer of Conditional Purchase back to Richard Eason
  • and so on

The title was eventually issued in 1916, at which point the entries in the Conditional Purchase Register end, as control was passed from the Conditional Sales Branch to the Registrar General.

On the map you can see many other names of the people that Richard must have known. Robert and William Ewin were his brothers-in-law. A sister-in-law married a Thornberry. The Easons, Ewins and Thornberrys all came from the same couple of parishes in County Tyrone in northern Ireland.

Richard built a house on this land and raised his family in it, even though his wife died not long afterwards. His son John raised his own family there. John’s son Richard, my grandfather, sold the land and took the materials for his own building.

A couple of years ago I visited this land and saw the remains of the house. I have written about this previously. I met the current owner of the property, who gave me a photo of Richard’s son John Eason, my great-grandfather, that I had never seen before.

Fernside

I’ve traced many conditional purchases since then, but none have been as exciting as this first one for my great-great-grandfather!

Further information:
State Records NSW Archives in Brief No 93 – Background to conditional purchase of Crown land

This post is based on a post previously published for Australia Day 2011 on my blog Carole’s Canvas.

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