He Won! 11, Ch. LANDI: Because of the confusion of land claims by the Gold Rush settlers on Mexican land grants, Congress enacted this act to ascertain and settle the private land claims in the state of California. 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. [179]. Obtain a certified copy of the "Deed of Transfer" or "Sheriff s Deed. 20. The idea of allodial title is based on antiquated English law declaration of land patent with the county recorder. 11. For this reason, anyone inheriting or purchasing real property should speak with a lawyer or financial adviser prior to vesting title. The Nevada Legislature in 2005 prohibited applications by property owners for allodial title after June 13, 2005. Mr. Deardorf then told the sheriff this, word for word. 1. Thus the jurisdictional laws that apply to the legal entities of the ALL CAPS NAME, a PROPERTY ADDRESS and a VEHICLE DESCRIPTION are different to the jurisdictional laws that apply to the Certified Sovereign man/woman and Allodial Title to landed properties and to travelling conveyance machineries (a.k.a. 7. 590, 1 Ith Cong., Sess. We go over the various ways to hold title in California below. You would then own your land free and clear, fee simple. (2) Karlson v Murphy, 56 N.E. Make sure that you retain ALL rights to the property on the Bill of Conveyance. Choose wisely! 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. However, the money lenders found a way around land patents by creating, new paper instruments like deeds of trust and mortgages, all of which convey equitable interests. Ground-rents are Rents - Service. Basically, the title insurance company is at fault. Until it issues, the fee is in the [183] government, which by the patent passes to the grantee, and he is entitled to enforce the possession in ejectment. If desk clerk refuses to file use procedure outlined above by Paul Tomas. Winds SSE at 5 to 10 mph. BC 1701. That is, if they can get the people to believe in certain things, then the Government can not only control the people, but also get the people to pay for their own servitude! For Gods' sake, WAKE UP!!!" The right to the ownership of property and to contract with respect of its use is unalienable. If the document is only for the purpose of obtaining an allodial I 0). The Treaty is declared the will of the People of the United States and shall be superior to the Constitution and the laws of if any individual State. Is it because the need and greed for power and control over the masses that necessitates the fraud and scams to keep the State coffers full and the sheep in line, thinking and believing that they own their land, thereby making it a little easier to fleece! 172, (1824); 3 Stat. The question of supremacy of confirmed federal patent proceedings, pursuant to an 1851 Act that had been enacted to implement the Treaty of Guadalupe Hidalgo in 1848, versus a claimed public trust easement by the City of Los Angeles, and State of California, was decided by the United States Supreme Court in April, 1984 (Summa Corporation v State of California, 104 U.S. 1751) In this case petitioner (Summa Corporation) owned the fee title to the Bailona Lagoon, a narrow body of water connected to a manmade harbor located in the City of Los Angeles on the Pacific ocean. For instance: department for transportation, the postal service, education, national health service, fire department, police department and so forth. Jenny Mae? When any of it is wanted for public purposes, the state, in virtue of her political sovereignty, takes it, but she compels herself, or those who claim under her, to make full compensation to the owner. 2d. Beadle v Smyser, 209 US 393. Text STOP to stop. I 0) which denied you the right to PAY YOUR DEBTS AT LAW (which extinguishes the debt), to a system where you can only discharge your debts, but the debt still exists. Ownership in land is: "THE COMPLETE DOMINION, TITLE, EXCLUSIVE RIGHT OF POSSESSION, ENJOYMENT, RIGHT TO CONTROL WITH ABSOLUTE DOMINION OVER IT!! April 24, 1820. which prohibited the use of credit for the purchase of government land. Where can I find more case law on Land Patents? The formula of the Monetary Power for a world program to deprive landowners of their lands has been stated thus: We shall soon begin, to establish huge monopolies, colossal reservoirs of wealth, upon which even the big properties will be dependent to such an extent that they will all fall together with the government credit on the day following the political catastrophe. If the co-owners meet all the requirements of a Joint Tenancy, the joint tenants hold what is called the right of survivorship. 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. Regardless of how the property is held, property acquired by a partnership for a partnership purpose is the property of the partnership and not the individual partners. This is what Summa [104 U.S. 17541 was all about. (42) All federal "Land Patents" flow from the treaty (e.g. ACRES U.S.A.: What practical application does this knowledge bring to farmers who are now being foreclosed on by government agencies, namely FMHA and PCA and Land Bank? are seeking to enforce judgments against deceased debtors estates. I would have no compunction about even IRS auctioning off my land because, as long as I have the patent recorded, on it, then I can challentye the new buyer that IRS didn't guarantee clear title, and that I still own my land. (Black's Law Dictionary). You own the land. Mine owners apparently never went through the formality of patenting the land before they sold it. 402 under general, to wit: Absolute or Conditional Conveyance. Those are the three pieces of paper. It doesn't matter who is on that land today. Pertaining to feuds, fees; relating to or growing out of the feudal system or feudal law; having the quality of a feud, as distinguished from 'allodial' (Emphasis added), "FEUD. 111, Cl. ACRES U.S.A.: And then there was the Louisiana Purchase? In the case of the Social Security Administration, if you have a card, it must be surrendered and accompany the affidavit. The plaintiff in ejectment must in all cases prove the legal title to the premises in himself, at the time of the demise laid in the declaration, and evidence of an equitable title will not be sufficient for a recovery. 1976)]. THE PATENT IS THE HIGHEST EVIDENCE OF TITLE AND IS CONCLUSIVE OF OWNERSHIP OF LAND IN COURTS OF COMPETENT JURISDICTION. So, no guarantee goes with purchase of foreclosed lands, except, that you put a federal land patent on it. An email message containing instructions on how to reset your password has been sent to the e-mail address listed on your account. Under Indiana Law, when no bids are placed on a property, the property reverts back to the owner after 4 p.m. the same day. Thus, legal entities only exist within the public, as they pertain to and somewhat mis-represent real property that exist within the private. On the basis of all the case law I have seen, there is no doubt in my mind that a land patent issued by the Bureau of Land Management which gives you a title at law is far superior to any title acquired in equity. Further, Senator King from New York stated: He considered the change as highly favorable to the poor man and he argued at some length, that it was calculated to plant in the new country a population of independent, unembarrassed freeholders that it would cut up speculation and monopoly; that the money paid for the lands would be carried from the state or country from which the purchaser should remove; that it would prevent the accumulation of an alarming debt, which experience proved never would and never could be paid. The U.S. Government signed a contract granting that Land Patent to the original party, their heirs or assigns. There are multiple ways owners of real property in California can hold title. 3d 899 (Ill. App. A total of about 80 acres involving 20 plots of land are involved. Make photocopies of both before using them or you may retype your own. Time will tell on that one, just don't hold your breath! Any remaining controversy is between the bank and the title insurance company. The land is simply not yours! You may file a Declaration of Homestead on up to 160 [64] acres, but not more. Partnership property can be held in the name of the partnership itself, or an individual. You got that certified at the Bureau of Land Management. Although in Dartmouth College v. Woodward the United States Supreme Court rebuffed New Hampshire's attempt to convert Dartmouth College from a private college into a public university, the Court decided this based on the Constitution prohibiting states from impairing the obligations of the contract that created the private corporation that owned the land, and not based on any principle that the land was somehow immune from state control. (24) Close v Stuyvesant, 132 Ill 607; 24 N. E. 868 (1890). If someone was going to file a claim against property that you thought was yours, would you not want to be given NOTICE? Allodial title cannot be taken away by fraud, only by legitimate contract. The land was owned, and nobody else had any control, what so ever! (Art. They knew about the Mississippi River, I believe. In a recent case, Robert Deardorff of Indianapolis, Ind. Parties in possession of real property have the fight to stand on their possessions until compelled to yield to the rule title determined by trial by jury. for a disappointment, state and federal officials say. It's one of those 'belief scams', you believe its money, that it has value, and your 'confidence' thus makes it so! 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. They only, discharge the debt and the debt still exists. 1, Sect. LANDI: This had to do with the Mexican War following the War with Mexico, under this treaty,, the United States paid Mexico $15 million dollars in gold coin for reparations and all that conquered territory now known as the states of California, Nevada, Utah, Arizona, and the western portions of Colorado and New Mexico. Allodial title is a right of property to land. If he had understood the facts and the applicable law, as it applies to those facts, he could have used the law to extricate himself from such an intolerable situation, in lieu of having the law used against him. 11, Ch. All our lands are held mediately or immediately of the state, but by titles purged of all the rubbish of the dark ages, excepting only the feudal names of things not any longer feudal. California is known as a community property state. [138], Issuance of a government patent granting title to land is 'the most accredited type of conveyance known to our law'. Allodial title is a real property ownership system where the real property is owed free and clear of any superior landlord. automobiles). Imagine a 'Title', on your land, where you are not subject to duties, fees, or taxes! "Zoning law" included.*. However, if nine justices of the United States Supreme Court are not confused by it, under the supreme law of the land, why should a state judge be permitted to ignore it? Subinfeudation was what the statute destroyed, and it destroyed it by vesting the reversion in the ultimate signory. (Black's Law Dictionwy, 5th Ed., pg.979) (Emphasis Added). [B] (8) A deed which, on its face, purports to convey a title constitutes a claim and color of title. II R. Patton & C. Patton, Patton on Land Titles. How does this affect your land purchase'? Therefore, if I were the new buyer, I would tell IRS, I want my money back for fraud for not telling me that there was a federal land patent on the land, that I can't fight to get off my land. It could almost he a simple thing, such as a will. A persons way of holding title may come into play in probate when: While the community property presumption tends to take precedence in property disputes between spouses during life, recent case law indicates that the title presumption may reign supreme in probate court after the death of an owner. 1. Transfer of a Patent is by release of Patent Interest Right and not by some form of 'USURY INSTRUMENT' of Trust or Warranty. Black's Law Dictionary 2nd edition offers these definitions: Before 1774, all land in the American colonies could also be traced to royal grants, either a single enormous grant creating each proprietary colony (e.g. After filing in the legal description of your property, add the following language in the Quit Claim Deed: "The first party to this deed, (name) grants and deeds to the second party (name), with all rights, privileges and immunities, Land Patent # per the above legal description and updates the Land Patent in the second party(s) name and to his heirs and assigns forever." (5) Williamson (supra) at 650; (Okla. 1947); Cincinnati Tobacco Warehouse Co. v Lefevre, 146 N.W. Partnership property can be held in the name of the partnership itself, or an individual. This was the oath of fealty which was, according to Sir Martin Wright, the essential feudal bond so necessary to the very notion of a feud. This was done through grant or purchase. When looking at the information above, the allodial system contains within it the characteristics of the relevant land. 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.