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Registering Land Titles in Muscovy
- Slavica Publishers
- Chapter
- Additional Information
Rude & Barbarous Kingdom Revisited: Essays in Russian History and Culture in Honor of Robert O. Crummey. Chester S. L. Dunning, Russell E. Martin, and Daniel Rowland, eds. Bloomington, IN: Slavica Publishers, 2008, 441–57. Registering Land Titles in Muscovy George G. Weickhardt The concept that there should be some public record of the transfer of land titles is an ancient one. In the book of Genesis, it is stated that Abraham pur-‐‑ chased land from Ephron the Hittite for 400 shekels, and that the land was “deeded to Abraham as his property in the presence of all the Hittites who had come to the gate of the city.”1 The purpose of proclaiming the transfer to the Hittites at the city gates was obviously to secure clarity and notoriety as to who owned the land and perhaps even to give other claimants to it an oppor-‐‑ tunity to challenge the transaction. These purposes of clarity and notoriety of title are achieved today by recording or registering one’s deed, which in-‐‑ volves depositing the deed with a governmental authority, which maintains it and other similarly deposited deeds in a permanent record. The recorded deeds usually contain a description of the boundaries of the property, or ref-‐‑ erence a survey from which they can be determined. In the Middle Ages in Europe the Church and its monasteries acted as re-‐‑ positories of various documents of legal importance, including records of births, deaths, marriage and sometimes conveyances of property.2 By the late Middle Ages, many of the Hanse cities also recorded similar documents.3 The first modern national recording system was established by the English Parlia-‐‑ ment in 1535, when it enacted the so-‐‑called Statute of Enrollments.4 By the middle of the 17th century Muscovy had also developed a compre-‐‑ hensive system for recording land titles. Through this system landowners en-‐‑ joyed substantial security in title and protection from invalid claims. Indeed the system of title recording in the Muscovite tsardom was as advanced as those in some of the nations of Western Europe. The party whose title was re-‐‑ corded with the Service Land Chancellery (Pomestnyi prikaz) would be rec-‐‑ 1 Genesis 23:18 (New International Version). The King James Version reads “made sure unto Abraham for a possession in the presence of the children of Heth before all that went in at the gate of his city.” 2 Hans Hattenhauer, Die Entdeckung der Verfügungsmacht (Kiel: Hansischer Gilden-‐‑ verlag, Joachim Heitman & Co., 1969). 3 Paul Rehme, Lübecker Ober–Stadtbuch (Hannover: Helwingshe Verlagsbuchhandlung, 1895), passim. 4 Statutes of the Realm, 11 vols. (London: The Record Commission, 1810–28), 3: 549 (the official citation of this statute is 27 H.8 c. 16). 442 GEORGE G. WEICKHARDT ognized by the Chancellery courts as the legal owner of the property. The boundaries to property could likewise be determined from cadastral surveys on file in the same chancellery. In other words, recording one’s title with the chancellery became the means for gaining legal recognition by the tsardom that one owned the land in question. Priority of title was given to the first to record his deed. This system of recording titles had slowly developed over the preceding four centuries, but it was revamped and perfected in the second quarter of the 17th century. This study shall address the origins of this sys-‐‑ tem, and, in particular, whether a foreign model was used. No previous study has addressed the recording of deeds in Muscovy, al-‐‑ though there has been some attention to related subjects. Much attention has been devoted in the literature to the history of land cadasters (pistsovye knigi) and surveys and to the history of the Service Land Chancellery, which even-‐‑ tually became the registry of deeds.5 No attention, however, has been directed to how the Chancellery and the cadasters and other records it maintained were transformed into a system for resolving disputes between private par-‐‑ ties over who held title to property. The origins of the Muscovite recording system can only be understood in relation to the development of land cadasters. The Mongols had conducted three censuses in the 13th century. Nothing remains of these records, which were probably little more than headcounts for purposes of taxation and army recruiting. Local princes eventually assumed responsibility for collecting the Horde’s tribute, which was levied on the basis of a half grivna per sokha. Sokha, of course, literally meant the wooden plow commonly used in Rus’, but for...