Be sure to keep your green tickets when they come back. It is crucial for anyone who is being transferred property to understand the various ways to hold title in California, because the California title-vesting option they select will affect not only their ownership rights, but also the ways in which they are entitled to use the property. To get a better understanding of this issue, we must take a look at certain definition, from Black's Law, as follows: "ALLODIAL. 781 thru 873, shows that a Patent of land is to be the title to land and anything else is FRAUD. ****************************************************************************. process can be speeded up by calling the BLM Visitor Center at While it is generally believed in America today that the purpose of the American Revolution was to resist taxation without representation, the actual reason was to eliminate the cause of this and many other injustices, and that cause was the admiralty jurisdiction imposed within the bodies of the counties. unless a separate written agreement is signed by you and Keystone Law Group, P.C. paragraph, and in part said: "Since a mining claimant has merely a possessory interest in the, location, the United States has PARAMOUNT TITLE in the land". But now the question is this; "Why do you, the so called property owner, do not have and hold an "Allodial/Paramount Title" to the land (And Home) that you THINK you own? App. In point of fact, the state of California has just recently begun to acknowledge U.S. Supreme Court decisions. What is tenants in common with right of survivorship? This editorial was published by the Post Register of Idaho Falls. 409 (1944); Heineman v Hermann, 52 N.E. Of better use are the more pragmatic statements conceming tide. Most of the contacts have been in Idaho County, where Gritz, a 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. PROPERTY OWNERS RECEIVE DEEDS TO ANGELS LAND. The understanding of Natural Law is centered upon bringing our own Conscience into alignment with Objective Morality. Minter v Crommelin, 18 US 87. We have also learned that oil, gas and coal companies are filing these declarations on land already titled in their name through deeds. No new Sheriff's Sale was ever scheduled and there is no pending action of any kind in the courts. (B] (35). The Lewiston Tribune recently launched a new afternoon newsletter featuring stories and photos that will appear online before they are published in the newspaper. M, Tigerton, Wis. 54486. Therefore, when you participate in the Federal Banking System, you are participating in a private money system, which is a privilege, and therefore a duty and fee is extracted, in the form of a tax, but since Federal Reserve Notes are not Lawful Money (no substance backing it!) 11, Ch. Any basis for a legal approach must be supported by a legal theory. Such was the effect of the statute. In the debates in Congress prior to passage of this act, Senator King of New York said in March 1820 "it was calculated to plant in the new country a population of independent unembarrassed freeholder that it would place , in every man, the Power to Purchase a freehold. High around 50F. The law in 1820 prohibited the borrowing or use of credit for the purchase of government land. LANDI: If the bank, or lending institution lays claim to the land by the lien theory, it must have been presented in the contest of the federal land patent within the two years after the last act of 1891, supra, or forever be barred. Ill. 344, 367 (1837)]. Under the National Constitution, Article IV & 111, Clause 2, Congress was given power (by the people) to dispose of its territories and the land acquired for the people of the United States by purchase and by TREATY. 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. * = To abide by, decided cases. Q: Where can I obtain a brief on Land Patents? if they fail to file a suit in court within the 60 days, the case is substantially weakened if they file it later. 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. An estate held by absolute ownership, with out recognizing any superior to whom any duty is due on account there of". The bureau of Land Management, I believe, will charge a dollar or so to certify. "In support of this statement, the feudal principals that have entered into our conveyancing are alluded to, and several cases 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. 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. The second distinction to be made is that between national and international. Property owned under allodial title is referred as allodial land. National is pertaining to that which is in the public (as just described) and therefore international is that which is in the private. Title insurance then guarantees that a title is marketable but not absolutely free from doubt, and under the color of title system used most often in this country today, no individual operating under this type of title system has the absolute or allodial title. Q: Why send the Bureau of Land Management $20.? The land patent will, therefore, prevent your ejectment and removal from the land or the property you occupy on the land. LANDI: He has to bring suit for trespass. 1, Ch. (Black's Law Dictionary, 5th Ed., pg. Title to personal property may accrue in three different ways; by original acquisition, by transfer by act of law, by [78] transfer by act of the parties. Under the ruling of the court below there was a verdict and judgement for plaintiff; whereupon the defendant sued out this writ, assigning the judgement of the court below for error. In ejectment the legal title must prevail, and a patent of the United States to public lands pass that title; it can not be assailed collaterally on the ground that false and perjured testimony was used to secure it. I don't know of any court that will foreclose on a property without some kind of notice to the farmer that a court proceeding is taking place, or in the alternative, the farmers don't know what to do when the default notice comes that the farm is going up for sale. But remember, the issue here is "That you don't own your land!" Wills - A will passes only a color of title and can pass only so much as the testator owns, though it may attempt to pass more. 1818 [8 Stat. They checked on it, and they agreed with his surveys and gave him a federal patent. [190]. I conclude, therefore, that the state is lord paramount as to no man's land. [164]. Amazing but true! Ground-rent Deed invalid for fraudulent Altemation in hands of Flurchaser for Value without Notice. (24) Close v Stuyvesant, 132 Ill 607; 24 N. E. 868 (1890). One of the letter documents that I had received was quite a surprise, since I had skimmed over it some time back. The patent alone passes land from the United States to the grantee and nothing passes a perfect title to public lands but a patent. I would want to look at a court file, to see what really went wrong, and how. Appeals are all done on paper. I. Patents and other evidences of title from the UNited States government are not controlled by state recording laws and shall be effective, as against subsequent purchasers, only from the time of their record in the county. As for payment, you cannot pay a debt with a check or Federal Reserve Notes (FRAUDS). LANDI: My first question! You cannot serve two masters. 1, Sec. The only authority responsible to the holder of a Declaration of Land Patent is the United States Government. The ownership is qualified when use, of the property is restricted." 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. This being in accordance with their understanding, the deeds were executed and delivered - the Harmstads took away their four deeds, while Arrison took away the four counterparts. 13. (2 Sharswood's Black. If no one protested that claim within a two year period, it could no longer be attacked under any circumstances, it was final. What is community property with right of survivorship? Civ. (Thomas' ed), star page 333. Now, he went back into court and he said: That sale is illegal. This means that the law presumptively considers any property that was acquired over the course of a marriage or domestic partnership as belonging equally to both partners, regardless of which partner acquired the property. I have not searched out the HJR as yet, although the HJR would be a simple matter to locate in the United States Statutes by year of annexation, month and day in the statutes. The Administration (government) holds this land as TRUSTEE for the people! 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. 28. You own the land! But, the patriots, of that day, insisted that the King of England did not own the land so it was not his to grant. They also knew that manipulation of the money supply, via debt, would ultimately take from the people their substances, by concentrating the property into the hands of a few, which is now the curse of the majority of the world. Keep two copies for yourself, and file the original Affidavit with a copy of the true copy certification and service with the Recorder of the Judicial Circuit or District in your area. A Land Patent can only be filed on property that has been assigned to you. Once this is filed, the Land Patent is updated in her husbands name). If multiple parties are jointly purchasing a property but cannot make equal contributions, tenancy in common is a good way for them to hold title, as equal contributions are not required with this California title-vesting option. "It's an archaic notion that was probably out-of-date even in That land ceded to the United States by the Treaty of Guadalupe Hidalgo. is involved in a 'belief system scam'. You have perfect title to it. They get into court and they get clobbered something awful. Now on to Land Patents- Because all Federal Land Patents flow from Treaties that fall under the "Supremacy Clause," no State, private banking corporation or other federal agency can question the superionty of title to land owners who have perfected their land by Federal Land Patent. , which include sole ownership, community property, community property with right of survivorship, , joint tenants with right of survivorship and tenants in common. Tenancy in common is another viable option for two or more owners who wish to jointly own property. Upon a persons death, it is not uncommon for property disputes surrounding their assets to arise among their surviving loved ones. And this is what Summa Corporation was talking about. Why must we give the other side `NOTICE'? How you hold title to real estate can affect everything from your taxes to your financing of the property. Before we get into what Allodial Titles, and Land Patents are, let's go to the first U.S. Supreme Court case on land titles for a clearer and basic understanding as to what our forefathers established through their experience and sacrifice for their progeny. A form of vesting title to property in which real property can be held by married persons. A partnership interest in real property is one owned by co-owners who are in a business partnership together for a partnership purpose. In order to discover your particular interest in this "fee simple absolute" (your degree of serfdom), we must know of all adhesion contracts you have consummated, placing additional burdens and restrictions upon your use of that land. (12) Kendrick v Latham, 25 Fla. 819 (.1889). [Stone v United States, 2 Wall. 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. After the Revolution, the land became the property of each State's people, with the authority of the people to parcel out the land to claimants in a fair and equitable manner. No corporate entities or agents thereof are authorised to issue Certificates of Sovereignty or Certificates of Allodial Titles. [116]. 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. Allodial Titles & Land Patents First and foremost, there is no such thing as an "allodial title"! Success! WE HOLD THAT CALIFORNIA CANNOT AT THIS LATE DATE ASSERT ITS PUBLIC TRUST EASEMENT OVER PETITIONERS PROPERTY, WHEN Petitioner's PREDECESSORS-IN-INTEREST HAD THEIR INTEREST CONFIRMED WITHOUT ANY MENTION OF SUCH AN EASEMENT in proceedings taken pursuant to the Act of 1851. Allodial title cannot be taken away by fraud, only by legitimate contract. Thomas Jefferson wrote: "If the American people ever allow the banks to control issuance of their currency, first by inflation and then by deflation, the banks and corporations that grow up around them will deprive the people of all property until their children will wake up homeless on the continent their fathers occupied." None of these cases have been overruled and are still valid, well established, law. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. In plain English, a Land Patent which gave you an allodial freehold, that was "judgement proof and yes- even immune from tax liens. 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. Should a Declaration of Land Patent be violated. A court of law will not uphold or enforce an equitable title to land as a defense to an action of ejectment. 2. Under land registry, deeds and charges were not recognized unless they were filed, and persons who filed were given priority over previous transactions that had not been filed. Ask for the Land Patent Brief by S. J. Stewart. The debts or claims of other parties will remain, but the land will be removed from assets which they can attach. The Act of 1830, however, proved to be of little avail; and then came the Act of 1838 (5 stat. He squared it out. 3. 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. 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. 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. 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. Why are you led to believe that you own the land? 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. Treaty law is the law of the nations. One may hold land by allodial right, or in an allodium, but there is no Lawful piece of paper that says "Allodial Title" at the top of it. A judge has told them to throw you out. There are 193+2 countries, publicly operating in bankruptcy, that make up todays world. 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. Moreover, it was nearly impossible to determine if land was subject to common law encumbrances (i.e. [B] (28). Essentially, this merely recognized that no person holding land in the new United States owed any allegiance or duty to the Crown or any English noble. 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. There [119] could be a transfer or sales tax imposed by the State at the time of purchase, but no taxation on the property itself against the owner's consent. The transfer of the property to a second person or persons in the form of that stated above is what will be necessary to obtain. [112]. Here is an overall breakdown of the form for Real Rights: Real Estate, Personal, & Intellectual Property, Managerial & Financial Accounting & Reporting, Government, Legal System, Administrative Law, & Constitutional Law, Business Entities, Corporate Governance & Ownership, Business Transactions, Antitrust, & Securities Law, Commercial Law: Contract, Payments, Security Interests, & Bankruptcy, Operations, Project, & Supply Chain Management, Global Business, International Law & Relations, Management, Leadership, & Organizational Behavior, Research, Quantitative Analysis, & Decision Science, Investments, Trading, and Financial Markets, Business Finance, Personal Finance, and Valuation Principles, Characteristics of Record in the Allodial System, Homeowner's Association (HOA) - Explained. The state of California has been trying to grab land - federal land and offshore drilling land. ACRES U.S.A.: Because of the Louisiana Purchase or the Treaty of Cession, 1803? Please be sure to consult a legal or financial professional before making any investment or purchasing decisions. Among these are enjoying and defending life and liberty, and protecting property and obtaining safety, happiness, and privacy." Subinfeudation was what the statute destroyed, and it destroyed it by vesting the reversion in the ultimate signory. *To abide by, adhere to, decides cases. Part V: Treaties - The Substance Of Federal Land Patents. 3d 366 (1981). I now direct you to the definition of Allodial, it is: "Free; not holden of any lord or superior; owned without ablization of vassalage of fealty; the opposite of feudal." He is shown the contract and he rules on the contract, and that's it. They knew about the Mississippi River, I believe. The federal land patent is the paramount or common source of titles from the united States government. The derivation of the word is still doubtful, though it is probably compounded of theGermanic"all," whole or entire, and "odh", property. In order to understand the validity of a patent in today's property law, it is necessary to turn to other sources than the acts themselves. LANDI: There is nothing arcane or esoteric about federal land patents, treaty law and the law of nations. However, trustees often abused this privilege, and heirs found that the courts of common law would refuse to recognize the "use" clause, and would instead grant title in law to the trustee. Generally speaking, if property is acquired during the marriage, it is presumed to be Community Property. IV Sec. The vassal paid homage and service to the lord and the lord provided land and protection." If the best evidence of the grant cannot be had, the next best will be received; but the result of the evidence must be to establish the grant. 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. 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 exclusive right of Possession, enjoyment, and disposal. Allodial titles are very rare in the United States because most states have adopted the Torrens system of title registration. Following that, the people voted in the Lottery. If somebody has a claim, if the bank says, they have a claim on that land, they are going to foreclose. Deeds generally - Deeds constitute colors of title (BI (7) and a deed that purports to convey interest in land is a color of title. Most property ownership in common law juri With the feudal tenant registered as a beneficiary of this trust via a Birth Certificate, and title to the land held in trust, further involvement and the consequent subjection to the controls of management was left to the individual. An obvious distinction betwixt that case and the present is the absence of all fraudulent intent in the destruction of the lease; but not to insist on this, let me say that all cases of that sort proceed on the ground that, the lease leaves a reversion in the lessor, in virtue of which he may sue for rent. colonial America.''. You now have your allodial title. LANDI: That's rights. The Land Patent, issued by the Bureau of Land Management, Department of the Interior, of the United States Government; is the highest and best Title at Law. (12) Peck v Janness, 7 How. LANDI: No. An allodial title is a title of ownership to real property that is free from any encumbrances, taxes, or liens. pg 1267). You got that certified at the Bureau of Land Management. Escheat, with us, depends on positive statute, which makes the state the heir of property on defect of known kindred of the decedent. Well now, that's dam right interesting. 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. 75, (1862) (the Homestead Act); 9 Stat. According to conservative estimates, possibly half a million U.S. farmers will be driven from the land in the next several years. Low 33F. A patent certificate, or patent issued, or confirmation made to an original grantee or his legal representatives of the grantee or assignee by contract, as well as by law, Hogan v Pace, 69 US 605. 6. I am presently researching these federal mortgages, and fighting some with federal land patents.
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