We won't share it with anyone else. [178], HOW WHERE TO OBTAIN CERTIFIED FEDERAL LAND PATENT (FLP). There must he strict compliance with statutory requirements to divest property owners of their property titles for non payment of taxes. In other words, the legal description from your deed or abstract is what you must use. For example, in a property with two tenants in common, Owner A could own a 75% interest and Owner B could own a 25% interest. Box 9547, Kansas City, Mo. That makes it admissible evidence in the state court. However, the land patent its remains the highest title at law, and few persons have updated a land patent in their name. The land patents issued prior to the initial date of recognition of the United States Constitution were ratified by the members of Constitutional Congress. 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. Criminal Trespass Charges, Civil Charges and Charges for Fraud should be included in your Statement of Charges. [181]. Co. v Trail County , 115 US 600. Not that it is untrue as a general position that a vested estate will survive the instrument of its creation, but that the position is too broadly stated when it is made to include an incorporeal hereditament which lies in grant, and can only exist by virtue of a deed, devise, or record, or by prescription, which is rather to be considered as an evidence of a former acquisition, than as an acquisition de nora: 2 Black 266. I Sect. It may be filed with, before, or after your lawsuit is filed. [B] (27). What is community property with right of survivorship? With the Department of Interior they have tried to say, well these are swamplands, these are tidelands, and they belong to us because, as we became a state, these lands automatically became ours. LANDI: Okay, now let me explain something to you. Actual or threatened exercise of power over the property of another is coercion and duress which will render the payment involuntary. No, it wasn't! I have seen my share of dishonest judges but, I have also learned how to force there hand in court, on the record. 153 (1852); Stewart v. Flowers, 44 Miss. As Senator Edwards stated: But, he said, it is not my purpose to discuss, at large, the merits of the proposed change. An estate held by absolute ownership, with out recognizing any superior to whom any duty is due on account there of". (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. 64113: (An interview with Carol Landi) [D) Common Law Liens," from "Memorandum of L-aw - History, Force, and Effect of the Land Patent, n (supra). All that is really necessary to have a vlid title is to have a relatively clean abstract with a recognizable color of title as the operative marketable title within the chain of title. An allodial title gives you absolute right to land, without any obligation to any landlord, sovereign or government. What Pennsylvanian ever obtained his lands by openly and humbly kneeling before his lord, being ungirt, uncovered, and holding up his hands both together between those of the Lord, who sat before him, and there professing that he did become his man from that day forth, for life and limb, and certainly honour, and then receiving a kiss from his lord? Trust transfer deeds are often utilized by settlors after a trust is created to fund their real property into the trust. [100]. Ill. 344, 367 (1837)]. 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 that traces its source to the paramount or common source of title from the United States government, banks and private corporations notwithstanding, because federal land patents were never corporations - only to private citizens hence the term 'private land claim" or "PLC" (as we call it) used by the Bureau of Land Management as the date of the original patent. 99, (1812); 2 Stat. Almost every interest held by co-owners is a tenancy in common unless it is acquired as part of a partnership, by a married couple or is created as a joint tenancy. Irrespective of hardships, family members could always go back to the land, the family farm, to survive and rebuild any monetary loss and self esteem! "allodial'' title to property that supposedly would grant When you do this, you must abide by the provisions of the contract and register it every year, so the owner knows where it is, buy insurance (a paeans scheme) and get a drivers license. The two year limitation on contests of federal land patents issued to private land claimants was extended by the Act of March 3, 1891, and is still in force today. Section 58 covers Louisiana. 26. A sample of both are enclosed. Four little letters L-A-N-D. Some of the more common types of deeds you may have heard of include the following: Vesting title to real estate tends to be more complicated than vesting title to personal property, as real estate not only consists of the real property itself; it includes usage and ownership rights, too. Allodial title cannot be mortgaged. In England, a man, who owned free from authority of the king, was known as a freeholder and his land as a freehold or allodial freehold. If you haven't filed a Declaration of Homestead, then you should do so and attach it to your Land Patent. He was the Superior, the Sovereign on his land. LANDI: He has to bring suit for trespass. 1901 Avenue of The Stars Suite 615 Los Angeles, California 90067, Proposition 13s Change of Ownership and Common Ownership, Reversal Of Trial Court Judgment in Property Ownership Dispute, Fiduciary Duties Business Partners Have to Each Other. ALL STATE COURTS LACK JURISDICTION OVER FEDERAL LAND PATENTS, TREATY LAW = Superior Status can NOT be overruled even by U.S. Supreme Court! There is no specific reference to allodial title in the text of the treaty. [B] (26). (Black's Law Dictionary, 5th Ed., pg.559) (Emphasis added) [84]. The issue of allodial v feudal land titles in Africa was addressed by the Supreme Court of the State of Pennsylvania in the case of Wallace v Harmstad in 1863: I see no way of solving this question, except by determining whether our Pennsylvania titles are allodial or feudal . [118]. No one can attack a federal land patent. Statute of quia emptores not in force in Pennsylvania. Rent-service was the only kind of rent originally known to the common law; a right of distress was inseparably incident to it so long as it was payable to the lord who was entitled to the fealty; and it was called a rent-service because it was given as a compensation for the military or other services for which the land was originally liable. LANDI: Is he's a defendant, and he has a patent on his land he says to the bank: you are making a claim on my land, you want to foreclose on it. 607, 617 (1890). The Constitution in its original form was ratified by a convention of the states on September 17, 1787. How do you face that proposition'? Let us now look at and define the word "FEUDAL", it is: "Pertaining to feuds or fees; relating to or growing out of the feudal system or feudal law; having the quality of a feud, as distini!uished from 'Allodial". [149]. [164]. I 0). (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. Allodial title is secured by various state constitutions. LANDI: He brings it right to state court. But back then, the conveyance of land through purchase was honored (in the law) and full and absolute possession and ownership was transferred! that provided a way for land to be owned free of feudal 2. The interface between the two titles therefore, is the UCc. in my name, and it will be my private claim. What does the bank call as collateral'? 2. In the old days, it is my understanding, that land held under these titles could not be licenced, seized, or taxed! I would want to look at a court file, to see what really went wrong, and how. No court appearances. (1) 1 Kent Commentaries, 471; Western Union Telegraph Company v Call Publishing Company, 181 U.S. 765, 770 (1901). Amazing but true! 1, Ch. This new and more powerful tide protected the sovereigns from unwarranted intrusions or attempted takings of their land. Either side of the court represents two different jurisdictional courts of law. ACRES U.S.A.: But in the mean time they have carted a farmer's cattle, as they did in Illinois. All of the documents described in these cases are the main avenues of claimed land ownership in America today; yet, none actually conveys the true and allodial title. Now you waltz up to the courthouse and say, I want this stuff a matter of record and I want to know where you record this. In case of ejectment, where the quesfion is who has the legal title, the patent of the government is unassailable. landowners immunity from property taxes. LANDI: What you do is build a sandwich. A: Yes. This was preliminary to the allowing of his entry, and discloses the policy of Congress. Those patents created by statute after March, 1789, had the Congressional intent behind such statutes as a reference and basis for the determination of their powers and operational effect. One such interest was 'prospecting' and its related area of information. As noted above, a deed is a document that conveys ownership. unless a separate written agreement is signed by you and Keystone Law Group, P.C. 2d 238 (Ill. App. (U.S.) 612 (1849). Can it exist then independently of the deed? Escheat, which was one of the incidents of feudal tenures, is sometimes mentioned as making the feudal origin of our titles, and the allegiance which we owe to the state is also often spoken of as fealty. This is your declaration that you are a Free American, and not a United States Citizen (Citizen of the District of Columbia). LANDI: If you don't know how to go into court, you're in the position of the fellow who goes into farming without knowing a tractor from a disc. ACRES U.S.A., Carol Landi, in the course of this business of being an advocate, you have come in contact with the land patent the law, the concept, and what's being done. I mean it's not really money, there's no substance, it's just paper! See also Article 6, Sec.2 of the U.S. Constitution. You now have your allodial title. 7. He could sue the judge for involving himself in a case in which he did not have jurisdiction. These cases illustrate the power and dignity given to the patent. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. You've got your federal land patent on the bottom. That land ceded to the United States by the Treaty of Guadalupe Hidalgo. All federal land patents in this area also flow from treaty law, still the supreme law of the land by which all judges in all states shall be bound as to the validity of the patents. Ownership is defined as follows: [75], "OWNERSHIP: The complete dominion, title, or proprietary right in a thing or claim. It was assumed by many, before the Revolution, that England rightfully "owned" America. 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. 748, 12th Cong., Sess. A tax on real estate to one not the owner is not valid. Why must we give the other side `NOTICE'? You may file a Declaration of Homestead on up to 160 [64] acres, but not more. To encourage railroad growth and provide transportation for over three million new settlers that had immigrated from the East into a wilderness devoid of roads, the government gave the first railroad land grant 2,595,000 acres of federal land, six alternate numbered sections (640 acres in a section) of unpreempted, land for every mile of track built, to be issued to fund the building of the Illinois Central, with a branch to Chicago. The problem came to light, some three years ago, when a local surveyor, trying to determine title for a land division he had surveyed, found out the property still was federally owned and under jurisdiction of the Federal Bureau of land Management. Please be sure to consult a legal or financial professional before making any investment or purchasing decisions. These sources include the Congressional debates and case law citing such debates. But remember, the issue here is "That you don't own your land!" I will give you an example. It in no way describes or defines your vested interest in the land. It was part of those unknown lands that were part of all that territory obtained from Great Britain under the TroV of Peace with Great Britain, 1783 (8 Stat, 801, in which the original 13 colonies derived their independence together with lands Britain gave to the original 13 colonies of territory westward to the Mississippi River. But the statute of quia emptores was never in force in Pennsylvania, Ingersoll v Sergeant, 1 Wh. Is that what you're saying? 80. The servant is without and is denied the true title, and is involved in what is called simply a 'feudal system'. 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. Then he argues that the plaintiffs distress was not by virtue of the deed, but was founded on the intrinsic and essential qualities of the estate in the grantor, and that the reference to the deed in the avowry was only for the purpose of defining the estate and the amount of the rent. According to conservative estimates, possibly half a million U.S. farmers will be driven from the land in the next several years. 1, Sec. Present all concerned parties with a copy of your Certified Land Patent and declaration of Land Patent. the price of which could be cleared in 3 years that it would cut up speculation and monopoly that it would prevent the accumulation of alarming debt which experience proved never would and never could be paid" !!! 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. From the Calaveras (California) Enterprise. It's part [176] of their service. Mitchell v City of Rockland, 45 Me. If you look at your tax bill I'm sure even in your state you will see that the land is assessed at one amount and the improvements at another amount. 5. 92 (1871). The very first requisite step is to restore your own status and standing to that of sovereign Elector so you have proper authority This is primarily to distinguish the the property system from the feudal system. I found the case and low and behold it was an eminent do , under the fifth amendm@n . 264) ". with no fee or duty (TAX)!!! 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. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[300,250],'thebusinessprofessor_com-box-4','ezslot_1',121,'0','0'])};__ez_fad_position('div-gpt-ad-thebusinessprofessor_com-box-4-0');Allodial title was originally employed in the United States when it declared independence from England. 64133. taxes, but that is what will happen if the taxes are not BLM officials agreed to cooperate to make sure the land became the legal property of those who had purchased it from the mines, however, an Act of Congress was necessaq to clear the way. 77), it is said, "that though there are some opinions that feudal tenures fell with the Revolution, yet all agree that they existed before, and the better opinion appears to be that they still exist," in support of this statement, the feudal principles that have entered into our conveyancing are alluded to, and several cages are cited in which the consequences and qualities of feudal tenures have been recognized in our estates, although generally, in these very cases, it has been assumed that our property is allodial. 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. You cannot serve two masters. This was accomplished by allowing the same taxing agencies to act as administrating agents for this newly formed trust. In a recent case, Robert Deardorff of Indianapolis, Ind. And it finally came to a terminal point because the land values have dropped. That simply meant that there was "No Superior" to the land owner. (3 U.S. 1991). (2nd ed. Before we go on to Patents, and with a little understanding of 'Grants', we will take a little time to touch up on the 'Purchase' of land as it affects title. Even today, any public land in any state is still under the United States Government. A person's allodial title is his or her right to own property without owing fealty or any other duty to a superior. It was clearly the policy of congress, in passing the preemption and patent laws, to confer the benefits of those laws to actual settlers upon the land. 263, where he says, "In pleading a grant the allegation is that the party at such time did grant, but if by accident the deed be lost, there are authorities enough to show-that other proof may be admitted; the question in that case is whether the parties did grant? In point of fact, as against a federal land patent, it is extremely doubtful that any of the present lending institutions were in existence in 1891 in order to present any claim against the owner of land under a federal land patent flowing from a United States treaty, also known as the Law of Nations, in which no private citizen can dispute the terms of a treaty or act of Congress. 393. (join the Trust wherein "US" are the trustees). What are the Different Ways you can Hold Title for Your Property in California. 781 thru 873, shows that a Patent of land is to be the title to land and anything else is FRAUD. [121]. However, when the colonies won theRevolutionary War, they did not want to retain a feudal system of land ownership. in Section 4, provided that "no lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debts contracted prior to the issuing of the land patent.". There have been dozens of statutes enacted pursuant to Art. After the review of several different land patents, the one enclosed in this paper is, considered the one that best sums up what is to be said. www.riseofthemoors.orgTaj Tarik Bey - Allodial Title - Claim of estate - https://www.youtube.com/watch?v=DVDEszYxxg0Believing that this Declaration is a furt. Conversely, if title is held as just community property, then the deceased spouse has the right to dispose of 50% of the property through their will or trust. Taxes lawfully assessed, are collectible by agents in money and notes, cannot be accepted in payment. The Treaty of Paris (1783), which ended formal hostilities and recognized American independence, also had the effect of ending any residual rights held by the original grantees or the Crown. 337, a case which has been so often recognized and followed as to have become a rule of property. In common legal use, allodial title is used to distinguish absolute ownership of land by individuals fromfeudalownership, where property ownership is dependent on relationship to alordor thesovereign. The court wouldn't listen to his arguments. ACRES U.S.A. 2d 800, 806 (1957). L. The holder of a land patent, which has been certified. of a patent to anyone who pays for one, according to Sally Ground-rents are Rents - Service. However, since there is little to lose and possibly much to gain, it would be wise to file a DECLARATION OF LAND PATENT, in the future event that it is sustained. Why are you, the individual(s), the true substance and strength of this country, denied the proper lawful title to your land? I guess you would be called a quasiowner. LANDI: Say, fine. Texas was annexed to the United States by the independent vote of the inhabitants. Some of these statutes had very specific intents of aiding soldiers of wars or dividing lands in a very small region of one state, but all had the main goal of creating in the sovereigns - freeholders on their lands - a status in which they were beholden to no lord or superior. Allodial Title Fill Out Printable PDF Forms Online [82]. Joint Owners Right to Sell or Encumber Real Property, escrow officer with ask the buyer for vesting instructions. When completing the transfer or purchase of property, it is important to consider types of deeds and ways to hold title in California, which include sole ownership, community property, community property with right of survivorship, joint tenants with right of survivorship and tenants in common. 16. ACRES U. S. A.: And this brings us to the Treaty of Guadulupe Hidalgo, 1848. This new type of ownership was acquired in all thirteen states. The two year limitation on contest of federal land patents issued to private land claimants was extended by the Act of March 3. It's a vital system along with the Cadastral Certificate that can help to determine if a property lies within or outside of any municipal regulations. This formula, "or his legal representatives," embraces representatives of the original grantee in the land, by contract, such as assignees or grantees, as well as by operation of law, and leaves the question open to inquiry in a court of justice as to the party to whom the patent, or confirmation, should enure. 1, Ch. Fenn v Holme, 21 Howard 481. YOU HAVE THE CHOICE, MAKE IT! Some states created a form of allodial title while others retained the tenurial system with the state as the new ultimate landholder. ACRES U.S. A.: For now, what do we do? ACRES U.S.A.: In other words, you get this original information, put it on the appropriate document, and then have it recorded in the courthouse. 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. This is in regard to holding title to real estate in California, by allodial title. Additionally, this type of operation must be recorded for purchase and sale, clarification, merger, division, partition, notary responsibility for the registration and more. (your name - Assignee). A total of "10,000" farms for the nation has been the goal of public policy ever since the Committee for Economic Development wrote its Adaptive Program for Agriculture, but true to "People's Republic" type thinking, the matter has never been taken up with the American Public. We've got to protect the creditors. A. If no one protested that claim within a three year period from the date of the Act, it could no longer be attacked under any circumstance! LANDI: That's right. Why Are the Ways to Hold Title in California Important in Probate? Of course this applied to the land as well, because of the "STATUS" of not only the land, but the "owners" as well. Titles to Land in Pennsylvania are allodial. 1038 (1897). When it is stated that a color of title conveys only an appearance of title, such a statement is correct but, perhaps, too vague to be properly understood in its correct legal context. Winning a case requires the best representation, at the Law Offices of Isaac Benmergui, P.A., we are committed to delivering the best legal services in a professional and confidential manner. And they give you the reference of where they recorded it. Choosing a selection results in a full page refresh. (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". 5 and Art. When making up your photo ID, you MUST, absolutely MUST, place a disclaimer on the ID such as: "Not a government issued identification.". tel. 77, (1812); 2 Stat. [B] "Memorandum of Law - History, Force, and Effect of the Land Patent". The very next treaty of the United States from which all land patents flow under the supremacy clause is the Louisiana Purchase from France under the Treaty of Cession, April 20, 1803; 8 Stat, 201, signed at Paris in which our young nation gained the territory of the following states. What is tenants in common with right of survivorship? D. Title insurance cannot be obtained for this property. However, we do not know for certain that the existing procedures will vest in us the same rights and immunities by filing a DECLARATION OF LAND PATENT, and updating it in your name.