Transferring Use

Do you regularly use deeds in your genealogical research? If so, do you ocassionally encounter phrasing that you haven’t seent before? As I was searching for Crawford deeds in early Botetourt county, I came across such a phrase:

transferring use into possession

Since someone had shared that they asked AI for help interpreting legal language, I asked ChatGPT what this phrase meant.

Thanks ChatGPT for the explanation!

The deed I was looking at was a 1770 deed in Botetourt County, Virginia where William Preston sold land on Patterson’s Creek to John Crawford.

Botetourt County Virginia
Deed Book 1, 1770-1773

image 37 of 301

page 26

This Indenture made the fifth Day of February in the year of our Lord one
thousand seven hundred and seventy Between William Preston County of Botetourt of the one part
and John Crawford Junr of the same County of the other part Witnesseth that
the said William Preston for and in Consideration of the sum of five sh[illings]
Current Money of Virginia to him in hand paid by the said John Crawford
at or before the sealing and delivery of these presents , the receipt whereof is
hereby acknowledged hath granted , bargained and sold , and by these presents
doth grant bargain and sell unto the said John Crawford one certain tract
or parcel of Land containing seventy seven acres be the same more or less
Granted to the said William Preston by Letters Patent bearing date the [twelfth
Day of September one there and eleven hundred and sixty seven , lying and being

image 38 of 301
page 27

being in the County of Botetourt formerly Augusta on Patterson’s Creek a Branch
of Craig’s Creek and bounded as followeth to wit Beginning at a White oak
on a hill near a small meadow thence North Eighty degrees East forty poles
to two white Oak Saplins by a Gulley South ten degrees West forty four
poles to a Walnut South sixty degrees East seventy poles to a Spanish Oak in
a hollow South ten degrees West one hundred poles to a hickory south eighty
Degrees West forty poles to a Large White Oak in the Barrens , North thirty Degrees
West Eighty four poles South one hundred poles to the beginning and all
Houses , Buildings , Orchards , ways , Water , Water courses , profits , Commodities
Hereditaments , and appurtenances whatsoever , to the said premises are
hereby granted , or any part thereof belonging , or in any wise appertaining , and the
Reversion and Reversions , remainder and remainders , Rents , Issues , and
profits , thereof : To have and to hold the said Tract or parcel of Land and
all and singular [other] the premises , hereby granted with the appurtenances
unto the said John Crawford his Extors Administrators and assigns from
the day before the Date hereof , for and during the full [term] and time of one
whole year , from thence next ensuing , fully to be complete and ended
Yielding and paying therefore the rent of one pepper corn , on [any] day now
if the same shall be lawfully demanded to the extent and purpose that
by Virtue of these presents , and of the statute for Transferring use
into Possession . the said John Crawford may be in actual Possession
of the premises , and be thereby enabled to accept and take a grant and
release of the Reversion and inheritance thereof to him and his Heirs
In Witness whereof the said William Preston hath hereunto set his
hand and seal , the day and year above Written .
William Preston .
At a Court held for Botetourt County the 13th Feby 1770 These indentures of
Lease & Release were acknowledged by the said William Parly hereto
and ordered to be recorded [(To come in after the relegar)]
Teste John May CBC