Fairmount Park Commission (Philadelphia, Pa.)

Researchers investigating the history of Fairmount Park properties should be familiar with the briefs of titles which accompany many of the title papers assembled during the 1860s and 1870s. This was when the City of Philadelphia acquired most of the initial properties which comprised Fairmount Park. These briefs were prepared in order for the Fairmount Park Commission to be assured that a good and clean title was assumed by them. In most cases, the briefs cover the entire history of the property from the patent granted by William Penn or his commissioners until the acquisition by the Fairmount Park Commission. The conveyancers, attorneys and others who prepared these briefs consulted not only the public records of the Recorder of Deeds and the clerks of the various courts, but occasionally had access to the original deeds and mortgages which had been passed through the ownership of the land. Many of these deeds, mortgages and other instruments were eventually given to the Park Commission at the time of the property’s acquisition. Others were retained by the former owner for various reasons. In many cases, the compilers of the briefs consulted documents which have never been recorded. Indeed, the Fairmount Park Title Papers contain an unrecorded deed from 1686 and several other unrecorded instruments from the early 1700s.

The Brief of Title generally is a detailed accounting of the history of the property ownership. It will list the date of the transfer, the dimensions of the property, the date of acknowledgment, and the date of recording and the book and page in which the recorded instrument may be found. Occasionally, the consideration will also be mentioned. If there are any court proceedings relating to the property, then the docket entries will be reproduced. Any changes in ownership through death, inheritance, marriage, et al, will also be noted. The compiler of the Brief often is mentioned, as well as an opinion from a lawyer that the Brief as presented illustrates a clean title to the property.

There are over 250 different Briefs of Titles contained with the Title Papers of Fairmount Park. In addition, three briefs of title to Fairmount Park estates acquired before the creation of the Fairmount Park Commission have also been noted in this bibliography. Since many properties within East and West Park were subdivided during the 1850s and 1860s, the briefs concerning these properties cover only the short period of time of subdivision with a note referring the user to a more comprehensive Brief. There exist six different published Briefs in these files. These cover the Belmont Estate, Lansdowne No. 3, Mantua Farm, Mifflin Land Association, part of the Landsdowne Land Company property, and a section of the lower Wissahickon Valley. Duplicate copies have emerged, often with unique notations continuing the title from the printed brief to the 1870s. 1

By the time the Fairmount Park Commission and the City expanded the boundaries of the Wissahickon Park and began to acquire additional properties elsewhere along Cobbs Creek, Tacony Creek, and Pennypack Creek, the need for these detailed Briefs of Title was replaced by the purchase of title insurance from a reputable title insurance carrier. Therefore, most properties acquired by the Fairmount Park Commission after 1885 will contain the title insurance policy rather than a brief of title.

Local historians will find that this bibliography and index of the Briefs of Titles contained within the Fairmount Park Commission Title Papers will assist greatly in their understanding of the forces which shaped the land prior to its acquisition for park purposes.

Jefferson M. Moak Archivist II

1 The history of the printed Brief of Title has yet to be written. It first appears in the early 19th century and becomes a staple during the period 1850-1880. Over 400 separate published Briefs have been located in various repositories in Philadelphia. Many of these also contain manuscript notations updating the brief past its publication date. The rise of the title insurance industry reduced the need for the published briefs for insurance purposes. None have been found to have been published after 1902.

From the guide to the Fairmount Park Commission Index to Briefs of Title of Fairmount Park Properties, 1867-1962, (City of Philadelphia, Department of Records, City Archives)