No What does it entail? If you are the sole and separate owner of real property, it means that you have an undivided interest in the property (i.e., there are no other owners). In other words, federal land patents put into evidence by a land owner cannot be challenged by a state court because it flows from a United States treaty and, therefore no court has -jurisdiction over title or ownership to land traced to this paramount source of title. Example, a wife filing a Quit Claim Deed to her husband and in it assigning her interest in the Land Patent to her husband. Part of the method by which the new United States decided to dispose of its territories, was stipulated in Article IV, Section 111, Clause 2, of the U.S. constitution: The Congress shall have the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States. The way to own property in a Freehold status is to rescind ALL CONTRACTS with the Foreign Corporate Federal Government and the Corporate Regional State, county and municipality. I would want to look at a court file, to see what really went wrong, and how. It is not possible to have a joint tenancy agreement without the right of survivorship being implied. becoming a state citizen, obtaining a certified copy of the 2. 64133. 1935), In one notable instance, where the United States Army and a hundred years of persuasion failed, a highway has succeeded. 21. 560) (Emphasis added) [83] So what you may be involved in, as a so called 'property owner', is a form of feudalism, which is basically in modem terms: "A system based upon a servant relationship between the servant and a superior (State, Banking Co., Corporation, or other). Choose wisely! For example, a beneficiary who stands to inherit real property through a will or trust is not considered a legal owner of the property until the. the declared will of the people of all the United States and shall be superior to the constitution and laws of any individual state. The originalgrantee(recipient of the land) then sold or granted parcels of land within his/her grant to private citizens and other legal entities. ACRES U.S.A.: What about that Mexican family that owned land in New Mexico? Most states in the United States employ the common law simple, allowing someone to hold ownership of land in fee simple. "It's an archaic notion that was probably out-of-date even in When you own property Feudally, you do not really own it, but are only renting it, and the owner has control of the use of the property. In California, a joint tenancy may also be created if the transfer involves one or more persons who already hold title to a property in a different form. In addition, the government powers ofpolice powerandescheathave been retained in the American legal system. [175]. The law won't protect you if you don't know how to use it. interest by reason of that fact, and such a servitude was forfeited by the State's failure to it in the federal patent proceedings. Even today, any public land in any state is still under the United States Government. Get Form Now Download PDF. The record referred to is the title of abstract and all documentary evidence pertaining to it: It is an axiom of hornbook law that a purchaser has notice only of recorded instruments that are within his chain of title. LANDI: Yes. It doesn't matter whether you're an heir, It doesn't matter whether you were an assign. Life went on as usual with no clues to the fact that all property had been hypothecated to the Board of Governors of the Federal Reserve; and as trustees. The key to finding case law in every state upholding federal treaty and its laws can be found in its law libraries in the Key Digest under "public lands". Tucked into the paragraphs of the newly released Land Patents, Memorandum of Law, History, Force and Effect is a reference to a case styled Summa Corporation v The State of California. The material facts connected with these cases will be found in the reports of these cases, and are in substance as follows: In the fall of 1838 Matthew Arrison agreed to sell to four brothers Harmstad, four adjoining lots of ground, reserving out of each lot a yearly rent of $60, payable half-yearly on January 1st and July 1st, in every year; the first half-yearly payment was to fall due on the 1st of July 1839. [B] (28). The servant for the payment of a property tax (fee) has a right to use the land on conditions! What each of these legal statements in the various factual situations says is that the color of title is never described as the absolute or actual title, rather each says that"is one of the types of titles necessary to convey ownership or apparent ownership. Some government people who are a bit busy nowadays, filling land patent orders are telling people there were no patents in the original 13 colonies. It will specify the names of the owners, their civil status, and any declaration of an heir. Get the people to 'believe' they need to pay a property tax to support the schools (free education) and the Government can add another link in the chain in the enslavement of the people in this "Land of the Free!". U.S. 127 (1850)], Congress has the sole power to declare the dignity and effect of titles emanating from the United States and the whole legislation of the government must be examined in the determination of such titles. Step by step. Appeals are all done on paper. (Emphasis added), The Act of Congress of April 24, 1820 was one of the earliest statutes passed for granted land Patents, along with the Homestead Act, Sec. The founding fathers knew that free men could survive only as long as they owned property, because it was this ownership that accounted for broad spectrum distribution of income and preservation of the jury system. Low 33F. If you still have questions or prefer to get help directly from an agent, please submit a request. (emphasis added) Later on, in 1862, a Homestead Act stated in Section 4: "That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor". I guess I'm going to have to foreclose on you. For this reason, anyone inheriting or purchasing real property should speak with a lawyer or financial adviser prior to vesting title. Just the federal land patent. 388. A Federal Reserve Note cannot pay a debt, because it is only BANK CREDIT, or a debt in itself. For today,, those conditions are the property tax, land use laws and permits. No new Sheriff's Sale was ever scheduled and there is no pending action of any kind in the courts. Is the quest for control and power, by those in authority over you, worth the violation of your "Life", "Liberty", and "Pursuit of Happiness"? However, the sheriff's counsel advised him to go ahead with the Sheriff's Sale anyway. Now, whoever will tum back and read the extract I made from Comyn, will see that the statute quia emptores did not affect leases of chattel interests, but only reoffment by mesne lords. 337, and therefore this rent-service is not converted into a rent-charge. Why send the Bureau of Land Management $20.00? This new type of ownership was acquired in all thirteen states. [92]. 202; 98 N.W. For more details about Californias title-vesting options, read our article about the advantages and disadvantages of each title-vesting option. Sanford v Sanford, 139 US 642. The land is simply not yours! And, on those grounds, the bank has given the farmer a loan. Well now, not too bad, but let's take a look at "FEUDUM", defined as: "A feud, fief, or fee (tax). Since the abstract only traces the title and the title insurance only insures the title, the most important and therefore the first group to examine are the deeds that purportedly convey the fee from seller to purchaser. 593 (1860)], In other words, a color of title is an appearance of apparent title, an "image" of the true title, hence the qualification "color or which, when coupled with possession, purports to convey the ownership of the land to the purchaser. I will bring a witness out from the Bureau of Land Management, and he will testify and witness that this is an exact duplicate of the original document which is admissible, as evidence, in the state court. ACRES U.S. A.: Thousands of people are asking for a copy of the land patent covering their acres. This may be where your duty or fee comes from in the form of your property tax. The Tribune has a new weekly sports newsletter! Allodial title is a concept in some systems of property law. The technical storage or access that is used exclusively for anonymous statistical purposes. For instance, if a tenant in common can only afford to pay 20% of the purchase price, they could secure a proportional 20% interest in the property, with the remaining 80% interest going to the other tenant in common. LANDI: It has a special character to it. The lead case for the Louisiana Purchase States is American Insurance Company v Canter [(I 828) 1 Pet (26 U.S. 51 11 in which Justice Marshall held the power to make treaties is an absolute power of the United States [158] government and from that power arises the right to govern it, i.e., treaty law is superior to any state and is the supreme law of the land. The land was owned, and nobody else had any control, what so ever! That this in that ground of recovery in such instances, is shown by the cases in which it has been held that a lessor cannot bring an action of covenant, after he has assigned the reversion for any breach subsequent to the assignment, but the action can only be brought by the assignee of the reversion. United States v Stone, 2 Us 525. And if I bring it up in my name, will it remove the land as security which the Bank or Mortgage Company can sell and seize in a foreclosure action? The decision of how to hold title is so important because it has far-reaching consequences in everything from marriage and divorce, to bankruptcy and death. I. LANDI: There is a copyrighted form that has all the stare decisis* case law. TELL US WHAT HAPPENED. Q. Even if it had been, Mexican law imposed no servitude on the fee. Abortion clinics crossing state lines not always welcome, Abortion trafficking bill sent to the floor, Lapwai boys in line for 3-peat after semifinal-round win, Pullman boys stunned in Class 2A state semifinal, Heres one issue the Legislature is getting right, Trump and the GOP outflank Democrats in Ohio, March 4 Letters to the Editor: Our Readers Opinions, OPINION: Labrador, Skaug have hastened death penaltys demise. The details of this is listed below: Ownership over the domain: This is the under denomination of the seat which ascends within the numbers. [189]. Taking the doctrine of those cases, the only question left has seemed to us to be, whether Mrs. Wallace had any remedy by virtue of the estate that is in her, and independently of the deed; and all we have said must be understood as applying to that question. automobiles). We have also learned that oil, gas and coal companies are filing these declarations on land already titled in their name through deeds. But then came the Revolution, which threw off the dominion of the mother country, and established the independent sovereignty of the state (the people), and on the 27th day of November 1779 (I Smith's Laws 480), an act was passed for vesting the estates of the late proprietaries of Pennsylvanian in the Commonwealth. (Note: if you need the land patent faster, like in a week or so, contact Luther Bartrug, 2708 Fenholloway Drive, Mechanicsville, VA. 231 1 1. That means (what should have happened) when you paid off the debt on your land, the State, the Bank, or the party holding the contract until full payment, should of then transferred the proper true title, an Allodial Title. California title-vesting options include sole ownership, community property, community property with right of survivorship, joint tenants with right of survivorship and tenants in common. A vested estate will survive the loss of the instrument by which it is created, for the deed may be proved by secondary evidence or presumed from prescription; but if destroyed by the fraudulent act of the party claiming under it, it cannot be then proved or supplied by any presumption in his behalf. no one bid. One such interest was 'prospecting' and its related area of information. A total of about 80 acres involving 20 plots of land are involved. ACRES U.S.A.: Earlier, you said every inch of land was acquired by treaty and falls under land patent. The statute of quia emptores destroyed subinfeudation in England. As such, when a property owner dies and leaves ownership to more than one heir, the allodial status of the property is lost. 11. An Absolute conveyance is one by which the right or property in a Thing is transferred, by which it might be defeated or changed; as an ordinary deed of lands, in contradistinction to a mortgage which is a conditional conveyance. However, thecourts of equity, which were developed by the sovereign to deal with obvious injustices in the common law courts, ruled that theheirswere entitled to the use of the property, and gave them title in equity. In fact, inDartmouth College v. Woodward, theUnited States Supreme Courtruled that aNew Hampshirelaw that attempted to revoke the land grant toDartmouth CollegefromKing George IIIwas unconstitutional. If the document is only for the purpose of obtaining an allodial There are different types of deeds available in California to serve a variety of needs; the type of property deed that is ultimately used will depend upon the nature of the transfer being carried out. He went to the bank and he borrowed some money because he wasn't making enough, and he had been promised the land values would be increasing. it is still in force. Nothing could be more easily done than this, if contracts of this [136] description could be enforced. Those people have no RIGHTS, WHATSOEVER, other than what Congress gives them. 444, 21st Cong., Sess. Let me parade you through the historical sequence. 437, 9th Cong., Sess. Until the 18th century, almost all common law property ownership depended on proving a link of possession from a royal grant of title to the property owner. Call us today to schedule your free consultation. 'OWNERSHIP-' is a key principle as it pertains to the rights to acquire and use property as well as rights in the land as well. In mid-stream, we ask you the question, "Is property tax evidence of ownership?" There are, available in California to serve a variety of needs; the. Sargent v Herrick & Stevens, 221 Us 404: Northern P,R. Therefore. Nobody will listen. In Idaho, all private property is taxable except as exempted by Considerable cloudiness. In this article, we will focus on fee simple ownership. In France, while allodial title existed before theFrench Revolution, it was rare and limited toecclesiasticalproperties and property that had fallen out of feudal ownership. And this is what Summa Corporation was talking about. (Black's Law Dictionary, 5th Ed., pg. LANDI: The next piece of paper is your declaration, Number three, the top of the sandwich, will be your ordinary deed, whatever it is you call it in your state. 52, 18th Cong., Sess 1, Ch. ACRES U.S.A.: What about those who have lost their farms? A partnership is an association of two or more persons to conduct business together for profit. [116]. ****************************************************************************. But back then, the conveyance of land through purchase was honored (in the law) and full and absolute possession and ownership was transferred! Different Ways You Can Hold Title to Property. But the problem is, it seems to bog down at that point. Gibson v Chouteau, 80 US 92. Now, he could be ordered and directed as what to plant, where to plant, when to plant, how much of each crop, and even be ordered to destroy crops already in existence. ALTA insures only "good title" per #32 p.5. However, in all these cases, it is also clear that if the title ceases to be used for the purposes for which it was granted, it reverts to the state or the federal government. At your local library at your courthouse or university. ACRE. Therefore, if any title on land would be wanted or sought after, as a treasure, it would certainly be an 'Allodial Title' would it not'? ), If you PAY for it in Gold Coin, and on a Bill of Conveyance, do your Title search, and survey, file those three documents with the clerk of Circuit Court and the county recorders office, then you own allodial property and the county cannot tax it, make you get any permits, take it from you, or. The only authority responsible to the holder of a Declaration of Land Patent is the United States Government. 1,A.D. The very first requisite step is to restore your own status and standing to that of sovereign Elector so you have proper authority Tenancy in common is another viable option for two or more owners who wish to jointly own property. Therefore, every federal land patent in every state thereof flows from that treaty. Under USCA Constitution, Article 4, section 3, clause 2, Congress, in exercise of its discretion in disposal of public lands, had power, by this section, to restrict alienation of homestead lands after conveyance by United states in fee simple, by providing no, such lands shall become liable to satisfaction of debts contracted prior to issuance of patent. The notification that a Patent existed before the transfer shall be sufficient for the charges stated. Idaho residents who hope to avoid paying property taxes by 8, Cl. You will also find many court cases and related documents on the DCS computer system, especially in the directories: Q. ACRES U.S. A.: Just for the sake of argument, would you set up, for me, in as good a narrative as you can, the defense that the farmer has? 1, Ch. However, the land patent its remains the highest title at law, and few persons have updated a land patent in their name. LANDI: No. If desk clerk refuses to file use procedure outlined above by Paul Tomas. [Marshall v Ladd, 7 Wall. This includes $4.25 for the patent plus a search fee. Consequently, if the assignee of the reversion sue the assignee of the term, or the assignee of the term sue the lessor, the action is local, and must be brought in the county where the land lies: Thursby v Plant, I Saund. We need to look no further than the first section of the very first article of the state Constitution to learn that the sovereign people of California have proclaimed: "All people are by nature free and independent and have inalienable rights. Restrictions in Force: Registry of any mortgage, lien or restriction on the property. Our main objective is to provide an international platform for all good governments, organisations and peoples to file and record good title to their corpus (natural body), landed property, and to private conveyances more. 56, 18th Cong., Sess., 1, Ch. How the New Buyers are Going to Take Title? 85, (1850) (Military Bounty Service Act); 8 Stat. ACRES U.S.A.: Okay, and it came to the United States by treaty. Now to begin with, our entire country was acquired through treaties with other countries as our young nation conquered lands from the original 13 colonies and - westward to Califomia- EyeEy inch of land in our couma comes under tr@ law. 2d 60, 30 Ill. App. Now if these land patents were worthless pieces of paper, then why is everybody jumping on the bandwagon? Land was to be held by allodial title, which simply means there is "No superior or overlord" to the land owner. You have permission to edit this article. (2) Karlson v Murphy, 56 N.E. a title is often described as one which would ensure to the purchaser a peaceful enjoyment of the property [B] (21); and it is stated that such a title must be obvious, evident, apparent, certain, sure or indubitable. Look up the Supreme Court Digests [66] on Land Patents, also a set of books called 43 USCS 17. There was an error processing your request. Since federal land patents cannot be collaterally attacked as to their validity or authenticity as the highest evidence of title, no mortgage institution can claim title to land by its "lien." Californias title-vesting options can be complicated to understand. How do I hold alleodial title in California? Once a Declaration of Land Patent is in place and duly recorded it cannot be removed. The boundaries of the territory are given in Article 11 of the treaty, i.e., the western boundaries of those states today known as Mississippi, Tennessee, Kentucky, Illinois and Minnesota - all the states from the Mississippi River and eastward to include the, original 13 colonies. It seems that every year, along with teacher strikes, the property tax issue arises, with all the pros and cons. Even as to the lands held by the proprietaries themselves, they held them as other citizens held, under the Commonwealth, and that by a title purely allodial. Given this and that some research questions that Texas actually issues Allodial titlesacquiring an Allodial title in either of these states is no longer an option. Please click this link, complete the form, and we will engage with you in due course. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. (United States v Reynes, 9 How. In order to get the right answer(s), one must ask the right questions, like: Are property taxes necessary'? 80. 11. they select will affect not only their ownership rights, but also the ways in which they are entitled to use the property. LANDI: What you do is build a sandwich. To prove this, we go to the second point, the definition of Title, as found in Bouvier"s Dictionary of Law: "The means whereby the owner hath just possession of his property. published by James (Bo) Gritz are instructions for filing for an When I spoke to you before I talked about the Summa Corporation decision in the U.S. Supreme Court this past spring. The federal land patent is the paramount common source of titles from the United States government. Ownership is defined as follows: [75], "OWNERSHIP: The complete dominion, title, or proprietary right in a thing or claim. Criminal Trespass Charges, Civil Charges and Charges for Fraud should be included in your Statement of Charges. I confess to a growing unease about what I view as an Accelerating erosion of private property rights of California citizens. Thus, legal entities only exist within the public, as they pertain to and somewhat mis-represent real property that exist within the private. The derivation of the word is still doubtful, though it is probably compounded of theGermanic"all," whole or entire, and "odh", property. Often, all three are necessary to properly pass the ownership of the land to the purchaser. (See A on the Treaty Power, p. 1), CITY PROPERTY: Can also be "patented" obtain Range and Township Numbers from City Engineer + total Certified Legal Description of lot/Property (obtain FLP as above) Record with a Declaration of Land Patent + Certified FLP + Declaration of Homestead attached and marked "Exhibit A & B"on Declaration of, Land Patent write: "Attached hereto are Exhibits A & B". For Gods' sake, WAKE UP!!!" A: Yes. Rent-service, then, was an essential element of the feudal tenure. But then came the Revolution, which threw off the dominion of the mother country, and established the independent sovereignty of the state and on the 27th day of November 1779 (I Smith's Laws,480), an act was passed for vesting the estates of the late proprietaries of Pennsylvania in the Commonwealth. 13 Peter (US) 436. 68, (1812) (the Act establishing the General Land Office in the Department of the Treasury); 2 Stat. NOW THE QUESTION IS! Designation S/ TIT: This corresponds to the numbers on the house, parking, apartment or storage, to indicate where it is located. (See also 40 AM JUR, 577 thru 688) [79]. It's attacking the legal proficiency of the plainfiff's pleading. Cost is $25. It is all so simple, you can expect judges to be confounded by it; as the scriptures say, "God takes the foolish things of the world to confound the wise, and God *takes the weak things of the world to confound the strong. In federal courts, the rule that ejectment cannot be maintained on a mere equitable title is strictly enforced, so that ejectment cannot be maintained on a mere entry made with a register and receiver, but only on the patent, since the certificates of the officers of the land department vest in the locator only equitable title. A Patent cannot be violated or transferred without the permission of the Assign. You see, this man could sue the bank. If you have a certified document that purports to be a lost or destroyed piece of paper, and someone certifies it as true and correct copy, this is admissible as evidence in a court. The services which the vassal was bound to preform were indeed declared by the lord at the time of the investiture in the presence of the other vassals: 1 Craise's Digest 9, and were assented to of course by the vassal: but as these were to a great extent uncertain, they could not be specified, and were only declared in a general way, as to attend on the lord in war, and on his courts in times of peace; to defend his person, and aid him to pay his debts, etc. process can be speeded up by calling the BLM Visitor Center at ". Some states created a form of allodial title while others retained the tenurial system with the state as the new ultimate landholder. in my name, and it will be my private claim. Sign up today to receive the Rundown, a curated collection of the week's top sports stories assembled every Monday by Tribune sports editor Donn Walden. Some time afterwards an agent of Arrison procured from the Harmstads their four deeds, for the alleged purpose of getting them recorded, and while they were with Arrison, or another party beneficially interested in the ground-rents, the same, together with the four counterparts, were, either by Arrison or by some one under him, altered, by the filling up of the blank in each of them with the words "within ten years front the date there of." It's much easier on the community to let this farmer go down the tube than it is to put the bank in jeopardy, to a point where there is a run on the bank. This includes $4.25 for the patent plus a search fee. [186], LAND PATENT STOPS BIDDING AT SHERIFF SALE. The stern ruling in those cases was applied without hesitation to a bonafide purchaser of the ground-rent without notice of the fraud, so that, as far [102] as concerns Arrison, and all persons claiming under him, the part of the deed which was intended to enure to his benefit, may indeed be said to be dead. Boise, 208-384-3183, to get the actual cost and sending just that ACRES U.S.A.: Does this patent inure to heirs and assigns? I 0). What this does is cloud the title to the property of other persons who are living in properties that are part of the legal description of the original land patent. 520, 31st Cong., Sess. For instance, if a tenant in common can only afford to pay 20% of the purchase price, they could secure a proportional 20% interest in the property, with the remaining 80% interest going to the other tenant in common. at 456-571]. Furthermore, any entity that is considered public and/or national is governed by admiralty law (or, law of the seas); and any entity that is considered private and/or international is governed by the common law (or, law of the land). Legally, pertaining to real property, any condition extending the inalienability [Black's Law Dictionary, p. 1027 (5thed. For example, a title company insures "good title" and a bank has given a farmer a loan on those grounds. Now I realize that every point cannot be raised here, either in support or otherwise, but you must start with the basics.