Carpenter, a BLM land law examiner at Boise. [B] (27). On the other hand, when there are multiple owners of real property, the persons or entities interests will be those of co-owners. Your Property(s) may be in one or more Sections and/or Counties. ACRES U.S.A.: Why does the treaty confer superior status to the land patent, a status that cannot be retreated from by lessor courts, even the Supreme Court. Because of the confusion of land claims by the Gold Rush settlers on Mexican land grants, Congress enacted the Act of Congress, March 3, 1851, to ascertain and settle the private land claims in the State of Califomia. Nothing about it but the name is feudal, and this is another instance in which a word applied in a sense different from its original [113] meaning, suggests ideas which have been exploded. 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. You now have your allodial title. Submitting this form below will send a message to your email with a link to change your password. ; terms not agreed upon as between contracting parties, but terms dictated by a superior to an inferior. In the case of the Department of Motor Vehicles, the Number Plate, Registration, Certificate of Title, and Driver's License must be enclosed with the Affidavit, etc.. Am. A total of about 80 acres involving 20 plots of land are involved. Because, birth certification is evidence of legal title to the legal entity (the ALL CAPS NAME, which is fictional), whereas Sovereignty Certification is evidence of title to the real living flesh and blood being (which is real). Jim Hightower put the goal of the previous administration at 10,000 super farms. Your account has been registered, and you are now logged in. Section 69, at 230-233. 2. The law won't protect you if you don't know how to use it. Also note in later verses the beginning of sharecropping. Additionally, tenants in common do not have a right of survivorship. Please click this link, complete the form, and we will engage with you in due course. Get the people to 'believe' that 'they' own their own land and they will pay the taxes on it, most of them, with a smile on their face! The case is a trial court case and it cannot be found in any reporters, so I just went over to the court with the name. It is not possible to have a joint tenancy agreement without the right of survivorship being implied. 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. And that is precisely what they did. The Act of 1851 which has been updated in the Act of Congress, 1891 has to be reviewed. 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. Californias title-vesting options can be complicated to understand. Because the specifics of your situation determine which, is ideal, it is best to speak with a lawyer, who can present you with the advantages and disadvantages of each. 1, Sec. Additionally, joint tenants must have equal ownership interests in the property. What does 'ownership' really mean? 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. When you buy a car from a dealer, the MANUFACTURER CERTIFICATE OF ORIGIN is sent to the State (Department of Motor Vehicles). In other words, if a tenant in common dies, their portion of the property will either go to their heirs if they dont have an estate plan, or be disposed of through their will or trust. Winds SSE at 5 to 10 mph. [189]. The law alone must be the fountain from whence the authority is drawn; and there can be no other source. Since we live concurrent to contracts-law societies, it is paramount that every man and woman become sovereign certified, which is to issue a properly enacted Allodial title to their body. 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. LANDI: It pertains to the pecking order or authority. 21. He says, objection overruled! [61]. LANDI: That's a loan of credit. Look underthe section on Land Patents. Can Somebody Take Away Property Gifted to You? Please be sure to consult a legal or financial professional before making any investment or purchasing decisions. Let me tell you about a case up in Oregon. ACRES U.S.A.: In other words, the British were giving away something by treaty they really didn't have? Create a password that only you will remember. It will specify the names of the owners, their civil status, and any declaration of an heir. The object of the Legislation is manifest. 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. All our lands are held mediately or immediately of the state, by the titles purged of all the rubbish of the dark ages, excepting only the feudal names of things not any longer feudal. When taxation of real property began, because of "the confusion of ideas that prevails on this subject," the people unknowingly, and voluntarily accepted the premise that government was the Superior and the legal title holder; and their interest in the land was merely an equitable one. No, it wasn't! 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. 437, 9th Cong., Sess. 20. 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. 2d. I know the difference. Also books on State Law Digests. 829, defines Grant as a conveyance(? All feudal land patents in this area also flow from treaty law. Q. Land was usually sold in parcels of 160 acres for $1.25 per acre. Potential land belongs to the person who receives it and his assigned heirs forever. What is community property with right of survivorship? has started a settlement near Kamiah. 6. Suddenly, that family found itself in the United States. (Emphasis added). These groups include: Schemes to obtain "allodial title" usually advise property owners to file a deed of allodial title with the local registry office, or to publish a notice of "allodial" title in a localnewspaper. you cannot pay your debts at law, they are only pieces of paper of which a debt attaches! The only authority responsible to the holder of a Declaration of Land Patent is the United States Government. 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. 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 was stated this way in the case of McConnell v Wilcox: [132], From what source does the title to the land derived from a government spring? Warranty deed - A warranty deed is like any other deed or conveyance, [B] (5) and a warranty deed or conveyance is a color of title. You may file a Declaration of Homestead on up to 160 [64] acres, but not more. 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. I am dealing with residential foreclosures presently, including those under FNMA (Fannie Mae) and FHLMC (Freddie Mac) both and all of which come under Title 42 USCS "Banks and Banking". Thus, "fee simple absolute" is an over broad, catch-all, phrase that encompasses all interests in land from allodial down to naked possession. 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. (9) Williamson (supra) at 650; Boston and Kansas City Cattle Loan Co. v Dickson, 11 Okla. 680, 69 p. 889 (1902). A holder of an allodial title, (i.e., there being no Superior or overlord) cannot be taxed on that property against his consent. In addition, the government powers ofpolice powerandescheathave been retained in the American legal system. I attribute that to, my background information as, being an Assistant Deputy Tax Collector. Of course, there are many nuances within the law. +44 (0)203 954 2571email. You see, this man could sue the bank. But someone should be able to tell the farmers what signs to watch for and when to take action before the action hits them. The Social Security Number is the Main Contract with this Foreign government that creates this status of slavery. al., 93 111. 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. In order to correct this problem, it is important to return to those documents the early leaders of the nation created to properly ensure that property remained one of the inalienable rights the newly established sovereign freeholders could rely on [131] to always exist. [Wis. Stat. A Declaration of Homestead should be attached to your Declaration of Land Patent, but the legal description in your Declaration of Homestead must be 160 acres or less to comply with Federal Law on filing Homesteads. Her patents all acknowledge a pecuniary consideration, and they stipulate for no fealty, no escheat, rent-service, or other feudal incident. Prior to this tine, during the Constitutional Convention, there was serious debate on the disposal of what the convention called the "Western territories," now the states of Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota,, more commonly known as the Northwest Territory. 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. The lead case that said treaty law cannot be interfered with by a state legislature in Ware v Hylton, 1(1976 3 Dall. I Sect. What Happens to Your Property After Getting Married? Why are you, the individual(s), the true substance and strength of this country, denied the proper lawful title to your land? 2181]. Visit video blogshere. The basis of English land law is the ownership of the realty by the sovereign and from the crown all titles flow. or the powers that are in the 'mushroom business', keeping everyone in the dark and feeding them 'bull'? state statute, he said. When a rent was granted out of lands by deed, the grantee had no power to distrain for it, because there was no fealty annexed to such grant. McCarthy v Greenlawn Cem., 158 Me. A few have come from the LANDI: Yes. Message and data rates may apply. 46, quoting Wright's Law of Tenures 35: "Fealty, the essential feudal bond, is so necessary to the very notion of a feud, that it is a downright contradiction to suppose the most improper feud to subsist without it; but the other properties or obligations of an original feud may be qualified or varied by the tenure or express terms of the feudal donation.". A Declaration of Homestead can only be filed on property that you actually live on. (Black's Law Dictionary. A Declaration of Homestead should be filed whether or not you file a Land Patent. It can be used either to transfer ownership rights from a current owner to a new owner, or to add another owner onto title for the property. ACRES U.S. A.: But the land that no biological person had laid claim to was just wilderness, claimed by Mexico. They brought in the Chief of Records, as a witness, to testify that the document was true, and certified, and was absolutely correct. The only time community property laws may not apply is if the spouses or domestic partners had previously entered into a marital agreement (such as a prenuptial or postnuptial agreement) in which they waived their community property rights. [166] [italics added] From this solemn pronouncement of the people, identifying the protection of their property with the defense of their lives and liberty and describing such interests as "inalienable," I conclude that preserving the sanctity of a citizen's private property is a singular responsibility of government and its courts. Take note that AIIodiaI is the opposite of Feudal. For example: The farmer/tenant was left to his own devices and discretion as to what to plant, when to plant, how much to plant, etc. general specializing in tax matters. All you need is smooth internet connection and a device to work on. But the most important question is: "is property tax indicia (evidence) of true ownership"? is the. But, as owners of land, they are harmful to us in that they are independent in their sources of livelihood. However, in reality, previous grants prior to those territories becoming U.S. possessions were recognized. The bank has to prove it has title to the land, in order to take it over. How could he receive anything out of those lots, against his absolute deed in fee simple, except, by an express reservation? Where a landlord after a sale of lots reserving groundments, and delivery of the deeds, obtained possession of them, and having fraudulently altered the causes reserving the rents, sold them: the purchaser, though bona fide and without notice of the fraud, cannot recover, either by action at law or by distress. The interface between the two titles therefore, is the UCc. a federal land patent was laid on that property. 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. Part Ill: LAND Patents - Why They Were Created. (Sharswood's) 42, and note. Allodial title cannot, in theory, be legally taken away against the will of the owner. Actual or threatened exercise of power over the property of another is coercion and duress which will render the payment involuntary. (Art. The right to the ownership of property and to contract with respect of its use is unalienable. He says that a ground-rent reserved in a deed by a grantor is an estate which vests in him the instant the fee simple in the land vests in the grantee that estate is a rent-service; that it continues to exist, though the instrument reserving it be destroyed- and that a right of distress is one of the necessary legal incidents of the estate. Vehicle identification information, including vehicle identification number (VIN), make, model, and year. LANDI- Number one, you tell the court it doesn't have jurisdiction over federal land patents. But there may also be a distinction in the form or type of payment that you made in and for the land. 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? Mrs. Wallace having executed a distress, was sued in this action of replevin, when she avowed for rent in arrear, as reserved by one of the four deeds which were the subjects of animadversion in the above cited cases. (B] (35). 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.