The Landed Estate Court Rentals
If you already know where in Ireland your ancestor farmed/resided or if you can find them in Griffith’s Valuation then you should examine the Landed Estates Court Rentals, to see if you can find out more about them. In this week’s Eneclann expert post Fiona gives a brief description of this source and its use to genealogists.
By the mid 19th Century many of the large Irish estates were in serious financial difficulty. Land owners found themselves legally obliged to pay out annuities and charges on their land, mainly to pay mortgages or ‘portions’ to family members contracted by marriage settlements and/or wills of previous generations. All of these payments had to be met, before the owner/ occupier could take an income from their estate.
By the time of the Famine, as prices for sale or rental of land plummeted, the monies that had to be paid out from the individual estates remained the same and many Irish estates became insolvent as debts exceeded earnings. However, the landowners could not sell their estates to discharge their debts, because the land was entailed. In 1848 and 1849, two Encumbered Estates Acts were passed to facilitate sale of these estates. Under the second act (12 & 13 Vict., c. 77) an Encumbered Estates Court was established, whereby the state took ownership of these properties and then sold them on with a parliamentary title, free from the threat of contested ownership.
Establishment of the Land Courts
The Encumbered Estates Court was established in 1849. In 1852 it was replaced by the Landed Estates Courts, which was itself superseded in 1877 by the Land Judges Court, part of the Chancery Division of the High Court. Although there were some differences in the powers of these courts, their principal function remained the same, to sell off insolvent estates.
The Land Courts system was the first significant step towards the break-up of the old estates in Ireland. From the genealogist’s perspective, the Rentals have an added value, because the estate records (rentals, maps, leases) that would have existed prior to these sales, no longer survive. This is because once the parliamentary grant to title was secured by purchase from the Land Courts there was no need to retain any of the documentation regarding previous land title.
What are the Rentals
The Rentals are effectively printed sale-catalogues, which were circulated to prospective purchasers in advance of the sale. They were compiled with the intention of attracting purchasers and of providing information on the estate in a clear and uniform manner. The Land Courts sold estates in every county in Ireland and the Rentals as a whole cover large parts of the country. The estates now sold included urban as well as rural property and many of the Rentals relate to houses and other buildings in villages, towns and cities. The information is printed and presented in a standard manner.
1. The title page in a Rental identifies the estate and gives the date and place of the sale.
2. This is usually followed by brief descriptive particulars of the estate and its situation, intended to bring in prospective buyers. Anyone who has read the property section of a newspaper will know what to expect in this section.
3. The descriptive particulars are generally followed by observations and conditions of sale. The information contained in this section has a limited use only, in that it serves to identify a landowner, and a place down to the townland, parish or barony.
To the genealogist the critical information contained in these Rentals, are the Lot descriptions. These outline the ownership history of the lot, the quantity of land and the yearly rent that can be charged. Most significantly, they also include the list of tenants, the size of the holding and the terms of tenure.
Where a tenant held by lease, rather than on a yearly tenancy, the particulars will also name all lives contracted for (usually three), and any of those named still alive at the time of the sale. So the information contained in the Rentals can allow the genealogist to document connections between close family members going back one or more generations.
The Rentals also usually include a map to situate the estate or lot in relation to the surrounding countryside, and often also a detailed map of the lot itself. In the case of urban property, you will find a village or town-plan.
Example – Joseph Kearney (Ancestor of Barack Obama)
In the Rental for sale of the estate of the Rev. William Minchin, we are told that Lot 5 comprises “The Town and Lands of Moneygall, Kilkekearan … and Gurrane.” If we turn to Lot 5, we get a full description of all tenants, including, (p. 19, no. 43), “the representatives of William & Joseph Kearney… who hold two houses and gardens in [the town of Moneygall] for which they pay an annual rent of £6 10s.”
We can also see the map included in the Rentals for this plot:
The Rental further tells us that this land was held by lease dated 1st May 1800… between William Minchin, and “William Kearney and Joseph Kearney (brother to the said William Kearney), and Joseph Kearney son to the said William Kearney, of whom the said Joseph Kearney, the son of the said lessee William Kearney is now [November 1851] the only surviving life.”
In the instance cited above, a gap in the parish records meant that the evidence in the Landed Estate Court Rentals, was the only documented proof of this family connection. The Joseph Kearney named in this rental as still living in November 1851, was in fact the great (x3) grandfather of President Barack Obama.
Where can they be found
In the Republic of Ireland, the National Archives holds most of the Landed Estates Court Rentals, of which the ones most relevant to genealogical research are two sets of published Rentals. The O’Brien Rentals include almost all Rentals published between 1849 and 1885. The Quit Rent Office set of Rentals is less complete, but includes rentals for the period after 1885. A third set of Rentals is held in the National Library of Ireland. In Northern Ireland another large set of the Rentals is held in the Public Records Office. You can also search the Rentals on findmypast.ie.