[192], *****************************************************************************, UNITED STATES DEPARTMENT OF THE INTERIOR REGIONAL OFFICES. Also, Dennis Schlueter of Fort Collins, Colorado has stated: he knows of banks who are foreclosing on mortgages, that are then filing these DECLARATIONS OF LAND PATENTS on the property that they just foreclosed on. The reply could have been that the rent-service depended on no formal reservation, but that it resulted by inherent necessity out of the tenure, and that distress was its inseparable incident. With respect to landed property, for instance your home, a title deed is evidence of a legal title-claim of a fictional legal entity seen as the ALL CAPS PROPERTY ADDRESS, and is a mis-representation of a real brick and mortar property that exists in reality. Now it is apparent that any right of distress which Arrison or his alienee, Mrs. Wallace, possessed, would in England be referred to the deed, because the reversion was gone from them, and all the essential qualities of the tenure went with the reversion. It is noteworthy that all lands under this treaty, purchased by private individuals from the United States, were paid for in gold and silver coin, after which a federal land patent was confirmed and issued to the private claimant. Q. [103]. obligations, according to Carl Olsson, an Idaho deputy attorney 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. GIVING NOTICE IS A BASIC PRINCIPLE OF LAW. When you sign all those papers at the dealership, you are contracting for the Regional State to own your car! You can check it out at: https://gokcecapital.com/GLADDon't forget to check out our inventory of $1 Down properties at: https://gokcecapital.com/listingDisclaimer: we are not lawyers, accountants or financial advisors and the information in this video is for informational purposes only. Because the laws were passed by Congress setting up Land Offices to grant land patents, the best jurisdiction in which to raise these issues are the Federal Courts. No new Sheriff's Sale was ever scheduled and there is no pending action of any kind in the courts. You would then own your land free and clear, fee simple. 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. "By what authority does the U.S. Government and your State Government hold land in paramount title (untaxable, unalienable, and unseizable) and yet denies the very people of this country the RIGHT to hold their land in same status in Allodium?". A tax on real estate to one not the owner is not valid. Sect. We need not take theirs into consideration. Many state constitutions make reference to allodial title within its jurisdiction. Louisiana, Arkansas, Oklahoma, Kansas, Nebraska, Iowa, Wisconsin, North and South Dakota, Montana and Wyoming and the Northeast two-thirds of Colorado. In 1862, the Homestead Act. LANDI - The Oregon Treaty of 1846 was an agreement with Great Britain that gave the U..S. undisputed claim to the Pacific Northwest south of the 49th Parallel. TheFifth Amendment to the United States Constitutionrequires just compensation for eminent domain compelled sale. 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. Property owned under allodial title is referred to as allodial land, allodium, or an allod. The court wouldn't listen to his arguments. But back then, the conveyance of land through purchase was honored (in the law) and full and absolute possession and ownership was transferred! LANDI: Yes. Most property ownership in common law jurisdictions is fee simple. Send a copy of the affidavit to the pertinent agency, along with the original True copy and certification and service. 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. "Zoning law" included.*. They kind of define that as 'something like" an owner! The Texas Treaty? Is that what you're saying? The case of Arrison v Harmstad, 2 Barr 191, and Wallace v Harmstad, 3 Harris 462, having settled that an action of debt on such ground-rent deed, or on the original contract prior to the deed, but supposed to be executed by possession, or for use and occupation, or of covenant on the ground-rent deed, will not lie--that all the covenants in the deed are gone, and that the estate in the land is vested in the grantee, freed and discharged therefrom--that the spoliator may lose, but could not gain from his wrongful act, and that any innocent purchaser of the rent is in no better condition, having bought from the spoliator nothing at all, and that there is no similitude between these cases and the case of negotiable paper in third hands, the owner of this deed, Mrs. Wallace, resorted to a distress for rent, on which distress this action of replevin was founded, as above. If multiple parties are jointly purchasing a property but cannot make equal contributions, tenancy in common is, , as equal contributions are not required with this. The law won't protect you if you don't know how to use it. ACRES U.S.A.: How. Appeals are all done on paper. Rent belongs to this category, and is implied by Lord Coke's "etc.," and is indeed the most perfect illustration of an incorporeal hereditament, for it issues directly out of the thing corporate, without being any part of it. Here is what you do. The Manufacturers certificate of origin (Title) goes from the dealer to the State (regional) Department of Motor Vehicles. [170]. If you do not file for "homestead exemption or make any other contracts with the County or State, then you cannot be assessed any tax or be forced to obtain permits to improve upon your property. You now have your allodial title. ". landowners immunity from property taxes. The first patent issued in New York City on March 4, 1788 to John Martin and is simply for Lot number 20, Township 7, Range 4. The bottom line is the degree, quantity, nature, and extent of interest; and which party to the contract(s) possesses what. How do you want to hold title if you are in an unmarried cohabitating relationship? Well hang on, we're getting warm. Your Property(s) may be in one or more Sections and/or Counties. 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. ACRES U.S.A.: Well, what is it, when you have a mortgage? 99, (1812); 2 Stat. The servant is without and is denied the true title, and is involved in what is called simply a 'feudal system'. (Robert Deardorff, 7002 N. Graham Rd., #128 Indianapolis, IN. [172], LANDI: You appeal it right then and there, I don't know if you have what is called a demurrer, a declaratory plea. 1, Ch. Historical Background: this is the registration number of a property. 396 (1865)) [128]. It seems to me that her fight of distress must be judged by the deed, and that the deed is no more available for this purpose than it was for the actions of debt and covenant. However, it is worth noting that if the property was acquired by one spouse during marriage, all or a portion of the property could be considered community property (i.e., property that is equally owned by both spouses), regardless of whether title is acquired in the sole name of one spouse, unless the other spouse signs a document waiving their ownership rights. E. The Declaration of Land Patent "CLOUDS" title to the land forever. We are all very familiar with birth registration, which has been a requirement of most commonwealth State Governments since 1873. It can be clearly seen that the intent of these early lawmakers was for the people of this country to be FREEMEN AND FREEHOLDERS of their land, and not ever be subject to have it taken from them by any government, feudal authority or banker or any other party who might have a claim against the person who owned the land. That's the first layer of the sandwich. 11, Ch. I guess I'm going to have to foreclose on you. With regard to real property, for a person to hold title, they generally must be the recipient of a physical document known as a deed, which states that the subject real property is being conveyed to them. (Emphasis added). App. You do not have paramount title to your car, which is your property('? However, even today, new land patents continue to be issued, mostly for gas, oil and mineral rights on public lands. ACRES U.S.A.: Where do you appeal it? A person's allodial title is his or her right to own property without owing fealty or any other duty to a superior. [C] "Acres U. S. A., A Voice for Eco-Agriculture, " November 1984, Volume 14, No. Fully restoring allodial character to your land and its title is a multi-step process comprised of three to five sequential segments, depending on the circumstances of each individual. That simply meant that there was "No Superior" to the land owner. The landowner sued the bank for trespassing. Clerk is bonded to perform "ministerial duties" NOT "Judicial". Our site is the place to be at if you want to get access to and download this form. ACRES U.S.A.: What law was the decision based on? In particular, land is said to be "held of theCrown" inEngland and Walesand theCommonwealth realms. (Black's Law Dictionary, 5th Ed., pg.70)(Emphasis added). No one can challenge it. still today the highest evidence of title and have never been refuted by any court of competent jurisdiction. This includes $4.25 for the patent plus a search fee. I am presently researching these federal mortgages, and fighting some with federal land patents. In other statutes, the Supreme Court recognized much of these same ideas. such as a sheriff's deed. [169]. 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. 1. Mr. Hightower is the Texas Commissioner of Agriculture. He applied to Congress and said, I would like to settle on this land and whatever provision you require for me to settle on this land I would like to have it confirmed and have a patent (in those days they didn't know about deeds, so they called them patents) so that it will be mine. Also qualified in Florida Personal Injury, Immigration, and Commercial Litigation Attorneys in South Florida. Tenancy in common is another viable option for two or more owners who wish to jointly own property. Actual or threatened exercise of power over the property of another is coercion and duress which will render the payment involuntary. 20. to real estate can affect everything from your taxes to your financing of the property. Look up the Supreme Court Digests [66] on Land Patents, also a set of books called 43 USCS 17. The bank has to prove it has title to the land, in order to take it over. 13. (Black's Law Dictionary, 5th Ed., pg. 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. LANDI: He brings it right to state court. Record FLP + Declaration of Land Patent + Deed. Our question, then, narrows itself down to this: is fealty any part of our land tenures? Am. G. The Declaration of Land Patent stops ejectment. 869 (June 15, 1846): An agreement with Great Britain that gave the United States undisputed claim to the Pacific Northwest south of the 49th parallel. If such cannot be proven to the contrary, then ownership of the land is assumed to have passed to the occupier of the land. News: city@lmtribune.com; Subscriptions: online@lmtribune.com; Other: webmaster@lmtribune.com. Every protection a farmer needs is in that treaty and the judge knows that the by [173] Supreme Law of the Land, he cannot touch or have any jurisdiction over it. ACRES U.S.A.: And what does it really mean? [93]. No one can make any claims on that land with a federal land patent on it, unless he brought up that claim during the patent proceedings in 1851 under that two year statute of limitations. If the estate were feudal the absence of the stawte would lead to a different conclusion - but with great deference to all counter opinions, I hold that the estate was strictly allodial, and that Anison retained only what was expressed in the deed. So, on the day of the sale and while he and a witness were in the sheriff's office, he called the Federal Clerk of Courts and told him what was happening. How do you want to hold title if the property in question is not real property but personal property? It seems strange that so fundamental a question as this should be in doubt at this day, but it has never had, so far as I know, a direct judicial decision. One must remember, however, the state will use any means to remove a servant/slave who fails to pay the taxes, even to the point of using a SWAT TEAM! It should be noted however that if the servant falls to pay the property taxes or violates any of the conditions, the servant will be removed off the land and another servant will be allowed to use the land on the same conditions! (67 U.S.) 765 (1865)], The patent is the instrument which, under the laws of Congress, passes title from the United States and the patent when regular on its face, is conclusive evidence of tide in the patentee. Treaty Of Ghent: 8 Stat. 8, (1847) (Act to raise additional military force and for other purposes); 5 Stat. 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. The manors and lands which had been surveyed for the proprietaries were excepted, and a pecuniary compensation to them was provided. Allodial title cannot, in theory, be legally taken away against the will of the owner. Just the federal land patent. Winds E at 10 to 15 mph.. Cloudy. Webster's first dictionary (1825 ed) says "allodium" is "land which is absolute property of the owner, real estate held in absolute independence, without being subject to any rent, service, or acknowledgment to a superior. [80], "THE PROPERTY TAX --- SCHOOL FUNDING ISSUE", "OWNERSHIP VS FRAUD IS IT A MASTER-SLAVE RELATIONSHIP, Well there's a lot of emotions flowing out and about, around this here Property Tax --- School Funding Issue! The idea of allodial title is based on antiquated English law that provided a way for land to be owned free of feudal obligations, according to Carl Olsson, an Idaho deputy attorney general. 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.