If the county can tax the property, require a permit to improve it, take it away from you if you do not pay the tax, who owns it? Register of Deeds or County Recorder then Records in "Real Estate" file. When making up your photo ID, you MUST, absolutely MUST, place a disclaimer on the ID such as: "Not a government issued identification.". Am. (42) All federal "Land Patents" flow from the treaty (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." As a result, several lawsuits were filed to quiet title. LANDI: The substance of all federal land patents is based upon treaty law. He says, objection overruled! ), same reference, pg. Lets say that you buy a car from a dealer, and that you discharge the price of the car with Federal Reserve debt (FRAUDS). 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. Enjoyment of the property during the period where the mortgage was in good standing could be assured through the equity courts, while the right to foreclose on the property to merge the common law and equity title were guaranteed in the common law courts. In your letter, be sure to ask for a Certified copy of the Land Patent. Phone (804)746-1074). The courts have ruled that the Federal Reserve Bank/System is not an agency of the U.S. Government, but rather a Private Corporation! The originalgrantee(recipient of the land) then sold or granted parcels of land within his/her grant to private citizens and other legal entities. However, there are exceptions. 4-6. Cassidy v Aroostook, 134 Me. Odometer mileage. I grant that the charter to Penn was in free and common socage, to which feudal tenures had at that time been reduced in England, and that the oath of fealty belonged to socage tenures as much as to original feuds, and was expressly recognized in the charter. LANDI: Say, fine. I'm doing the historical research on the federal patents in California. ACRES U.S. A.: Right. 3. When the people put enough pressure on the King, the King conveyed the land to the people in what is known as Allodial title, or true ownership. In addition, the government powers of police power and escheat have been retained in the American legal system. A simple tax deed by itself is only a color of title and does not meet all the requirements of the law for a fee simple, allodial title. 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. If you still have questions or prefer to get help directly from an agent, please submit a request. But there may also be a distinction in the form or type of payment that you made in and for the land. 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. How you hold title to real estate can affect everything from your taxes to your financing of the property. Feudal ownership is a deception, because you have, in actuality, contracted for a third party to own the property. 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.". So, these distinctions must be made clear in the minds of certified sovereigns, yet, in the context of working with and not against. The holder of a Declaration of Land Patent, as an Assign, is the absolute owner of the property as described on that Patent. The right to the ownership of property and to contract with respect of its use is unalienable. These various cases and quotes illustrate one fact that should be thoroughly understood. This Lawless Government has been preparing America for the time when the land will be confiscated to pay off the indebtedness to the Federal Reserve that has America on the verge of financial collapse. To prevent this from happening, you must write in your Declaration of Land Patent only the legal description of the property to which you are an assignee. [137], Part IV: The Power And Authority Of A Patent, Legal titles to lands cannot be conveyed except in the form provided by law. (15) Baldwin v Ratcliff, 125 Ill. 376 (1888); Bradley v Rees, 113 Ill. 327 (1885). And by the old feudal law, the nonperformance of these services was not redressed by distress, but by forfeiture of the feud. ACRES U.S.A.: OK, can you walk us through the procedure? So the..term OWNERSHIP" may take on a totally different meaning, dependent upon the type of title one has in the land. Hence, that southern most portion is, in actual fact, included in the Treaty of Guadalupc Hidalgo. 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. 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. 322 Ill. App. Treaties, for example, can take powers away from the Congress and give them to the president. In other statutes, the Supreme Court recognized much of these same ideas. This is because the property is "sold" under color of law, and not according to the Common Law. 27. It can also be used to change the character of real property to or from community property in marriages or domestic partnerships (e.g., a newly married spouse uses an interspousal deed to change the character of their separate real property into community property). 44, 650 (1917). By definition, the word perpetuity means: Continuing forever. "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. 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. Once this sale is complete, the property can never be resold. The contract said that it should be completed in six years and that seven percent of the company's gross should be paid to the state in perpetuity. 11, Ch. [188]. We use cookies to ensure that we give you the best experience on our website. ). The legal definition of Paramount is as follows: Paramount Title: "In the law of real property -- one which is superior to the title with which it is compared, it is used to denote a title which is better or stronger dm another .. (Black's Law, 4 Ed. I found the case and low and behold it was an eminent do , under the fifth amendm@n . How do I hold alleodial title in California? Amazing but true! It was therefore necessary to extinguish all foreign interest in the soil, as well as foreign jurisdiction in the manner of government. 201]. The lagoon became part of the united States following the war with Mexico, which was formally ended by the Treaty of Guadalupe Hidalgo in 1848. State Treasurer v Wright, 28 Ill. 509: Whitaker v Haley, 2 Ore. 128. It's much easier on the community to let this farmer go down the tube than it is to put the bank in jeopardy, to a point where there is a run on the bank. 92 (1871). amount. Snow accumulations less than one inch. ; Allodium Land held absolutely in one's own right, and not of any lord or superior; land not subject to feudal duties or burdens. IRS sells foreclosed property with that particular statement! ACRES U. S. A.: And this brings us to the Treaty of Guadulupe Hidalgo, 1848. 8. automobiles). Joint tenancy is a form of title in which two or more persons share equal ownership of a property in addition to being equally responsible for any obligations (e.g., debts, repairs) that arise as a result of it. 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. A. United States Supreme Court interprets a federal statute, the courts of this state are bound by it. ), If you PAY for it in Gold Coin, and on a Bill of Conveyance, do your Title search, and survey, file those three documents with the clerk of Circuit Court and the county recorders office, then you own allodial property and the county cannot tax it, make you get any permits, take it from you, or. Designation S/ TIT: This corresponds to the numbers on the house, parking, apartment or storage, to indicate where it is located. 11, Ch. 122 [185]. But the bank can make no claim on that. No one can attack a federal land patent. This includes $4.25 for the patent plus a search fee. IBI (31) Legal title to property is contingent upon the patent issuing from the government. A license is "privilege, or permission to do what is otherwise unlawful". 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. Here is what you do. I venture to suggest that much of the confusion of ideas that prevails on this subject has come from our retaining, since the American Revolution, the feudal nomenclature of estates and tenures, as fee, freehold, heirs, feoffment and the like. However, proving ownership in absence of the documents was an impossibility, andforgeriesof crown grants were common and difficult to detect. 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. Once Allodial title to the body is properly enacted and issued, the earlier birth registration and all its government obligations become superseded. Louisiana, Arkansas, Oklahoma, Kansas, Nebraska, Iowa, Wisconsin, North and South Dakota, Montana and Wyoming and the Northeast two-thirds of Colorado. So, there is a difference between land and its improvements. This ia a resolution of Congress that merely stated the intent of Congress that the territory shall be divided into three to five states to be created upon the existence of a certain number of inhabitants required to become states of the union--nothing more, nothing less. they held legal title. While a "No Bid" is better-for a lending concern to bid the existing lien is a formality and is not powerful enough to overcome a Patent. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. 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. In the September edition of the "Center for Action'' newsletter 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? You may file a Declaration of Homestead on up to 160 [64] acres, but not more. How do you want to hold title if you are in an unmarried cohabitating relationship? Because of the great socialist experiment in California, (courtesy of our unusual Senator Alan Cranston), California and Justice Rose Bird are not convinced yet that California is a part of the United States. The land represented the wealth of the family, it was the family! 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. Allodial titleis a concept in some systems of property law. Criminal Trespass Charges, Civil Charges and Charges for Fraud should be included in your Statement of Charges. Any remaining controversy is between the bank and the title insurance company. Surface: this is the extension of the land or property in square meters. We go over the various ways to hold title in California below. 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. The interface between the two titles (i.e., title deed and allodial title) is the UCc. To do so, he must ignore the American Revolution, and all our legislation about lands, and place himself back upon the [114] common law, as it stood in the thirteenth century, before the statute of quia emptores was passed. Many couples who divorce decide to sell the property and divide the proceeds equally. Subinfeudation was what the statute destroyed, and it destroyed it by vesting the reversion in the ultimate signory. Additionally, this type of operation must be recorded for purchase and sale, clarification, merger, division, partition, notary responsibility for the registration and more. 42 F2d 158; 283 U. S. 140. Titles to Land in Pennsylvania are allodial. "Get your land back, under a lawful, paramount, Allodial Title whereby you own it free and clear, fee-simple, ABSOLUTELY, owing nothing to nobody!" 8, Cl. Who's fooling who? unless a separate written agreement is signed by you and Keystone Law Group, P.C. The Constitution in its original form was ratified by a convention of the states on September 17, 1787. 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. With the many restrictions placed upon the land, and of course, with the State owning the land (State holds true titles) the people cannot use the land for their needs, purposes, or desires. 26. But then came the Revolution, which threw off the dominion of the mother country, and established the independent sovereignty of the state (the people), and on the 27th day of November 1779 (I Smith's Laws 480), an act was passed for vesting the estates of the late proprietaries of Pennsylvanian in the Commonwealth. [B] (9). I confess to a growing unease about what I view as an Accelerating erosion of private property rights of California citizens. The State records the Title on microfilm and ISSUES a Certificate of Title, which does nothing but certify that there is a Title. Again, can you say the same thing about your land title'? I will give you an example. ALL STATE COURTS LACK JURISDICTION OVER FEDERAL LAND PATENTS, TREATY LAW = Superior Status can NOT be overruled even by U.S. Supreme Court! Moreover, as liens cannot attach to allodial title, it is difficult to finance improvements to a property held in allodial title as, once incorporated, the improvements become part of the allodial title and become exempt from lien or seizure of the property to pay a contractor's bill. Black's Law, 4th Ed. 120 N LaSalle St #900, Chicago, IL 60602 0.33 mi [149]. What does the bank call as collateral'? This treaty with Great Britain was signed on June 15, 1846, [9 Stat. 15. CONTACT: FAMILY FARM PRESERVATION, Box 2587, Hwy. THE STATE HAS THE TITLE!!! Another Act of 9th of April 1781, 2 Smith 532, provided for opening the land office and granting lands to purchasers; and, says the 11th section, "all be free and clear of all remorvations and restrictions as to mines, royalties, quitrents, or otherwise, so that the owners thereof respectively shall be entitled to hold the same in absolute and unconditional property, to all intents and purposes whatsoever, belonging to or accruing from the same, and that clear and exonerated from any charge or encumbrance whatever, excepting the doubts of the said owner, and excepting and reserving only the fifth part of all gold and silver ore for the use of the Commonwealth, to be delivered at the pit's mouth, clear of all charges. LANDI: This was a treaty between Mexico and the United States in which the U.S. paid $10 million dollars in gold coin to Mexico for that southernmost strip of New Mexico, The treaty is significant because it refers back to the Treaty of Guadalupe Hidalgo and conferred all the same rights and privileges to citizens of that territory as in the 1848 treely. The next question is; if the land patents were issued 100 or more years ago to persons who are no longer alive, and if I now reside on only a portion of the land that was originally described in the original land patent, then how do I bring up the land patent in my name'? A quitclaim deed is used to transfer ownership from the current owner to a new owner, to add a new owner to title or to disclaim or waive ownership rights in favor of another party (e.g., a divorced spouse signs a quitclaim deed to cede ownership rights to the family home as part of a divorce settlement). Where's your proof? YOU ARE AN ASSIGNS to all allodial title or freehold. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. 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. [189]. WHEN THE GOVERNMENT, LAND OFFICES ORIGINALLY ISSUED THE LAND PATENTS, THEY PUBLISHED, THE LAND PATENT WITH LEGAL DESCRIPTION FOR 60 DAYS: WHEN NOT, CHALLENGED BY ANYONE, THE LAND PATENT WAS THEN GRANTED. The exclusive right of Possession, enjoyment, and disposal. Accordingly, a partners interest in the partnership real property is directly tied to the partners interest in the partnership. taxes and attacks. 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. Please contact our office to schedule a complimentary consultation or call now at 305.407.9464 for immediate, live assistance. Even as to the lands held by the proprietaries (City of Philadelphia) themselves, they held them as other citizens held, under the, Commonwealth, and that by a title purely allodial. 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. Cadastral Certificate: This is a document which indicates all technical data of a property, including it's location, lot surface, the cadastral value of the property, and more. We have also learned that oil, gas and coal companies are filing these declarations on land already titled in their name through deeds. I attribute that to, my background information as, being an Assistant Deputy Tax Collector. The lawyers pay the woman off; sometimes uniformed guards accompany her to the elevators.Lewis H. Lapham (b. LANDI: Some are backed by the full face and credit of the United States government, some are not. 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. A copy of the County Plat Map where you circle the part you want them to find the patent on makes the search job easier. 4 in 1862 and as stated earlier, the disposal of its territories and land acquired for the people is by purchase and by TREATY (Contract of and by the, 4) Oregon Treaty, 9 STAT.869 (June 15, 1846), 5) Treaty of Guadalupe Hidalgo, 9 STAT.922 (1848), The Treaty (Contract) Law cannot be interfered with, as the Supreme Court has held that 'Treaties' are the 'supreme law of the land'. 337, and therefore this rent-service is not converted into a rent-charge. [134]. original land grant or land patent from BLM and filing a 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. Call us today to schedule your, A Creditors Ability to Reach Non-Probate Assets to Satisfy Creditors Claims, California Community Property vs Separate Property: The Pereira & Van Camp Formulas. In a down-to-the-wire barnburner of an Idaho Class 1A Division II state semifinal, third-seeded Kendrick settled a score from last year and dislodged the defending champions in one fell swoop Friday at Caldwell High School. The right to use the land does not grant absolute title. (Md.) 1976)]. The law in 1820 prohibited the borrowing or use of credit for the purchase of government land. This title must be reasonably free from doubts as necessary to not affect the marketability or salability of the property, and must be a title a reasonably prudent person would be willing to accept. For this reason, anyone inheriting or purchasing real property should speak with a lawyer or financial adviser prior to vesting title. Forever. The technical storage or access that is used exclusively for anonymous statistical purposes. (9) Williamson (supra) at 650; Boston and Kansas City Cattle Loan Co. v Dickson, 11 Okla. 680, 69 p. 889 (1902). PeQple v Hines, 89 P. 858, 5 Cal. To prove this, the best evidence must be produced, which is the deed, but if that be destroyed, other evidence may be received to show that the thing was once granted. " I hung my hat on the Summa Corporation decision that just came down from the high court. California title-vesting options include: We go over the definitions of each of these ways to hold title in California in the following sections. 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. A partnership interest in real property is one owned by co-owners who are in a business partnership together for a partnership purpose. 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! Restrictions in Force: Registry of any mortgage, lien or restriction on the property. I know the difference. A form of vesting title to property in which real property can be held by married persons. In theDomesday Bookit is called alod. 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 father occupied. Under common law, joint tenancy could only be created under a single will or transfer. Gadsden Purchase, 10 Stat. ACRES U.S.A: So now we've arrived to 1984, and this farmer, who has that piece of land, orginally patented to some, is being foreclosed, and they haul him into court. 869, 6/15/1846), 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. Obtain a certified copy of the "Deed of Transfer" or "Sheriff s Deed. 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. Since most taxing schemes are based upon fraud and theft, demand your public servants to retum the power [90] and authority to regulate the money system back to the U.S. Treasury, and then demand the Treasury to turn on the printing presses. Despite sounding similar, community property and, community property with right of survivorship in California, What is right of survivorship in California, community property with a right of survivorship. 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. They did not search that title back far enough to its original source to see who owned that land. 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. 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! Since your Government can and should operate honestly, they can just send the 'cash' directly to the schools! Tucked into the paragraphs of the newly released Land Patents, Memorandum of Law, History, Force and Effect is a reference to a case styled Summa Corporation v The State of California. Freddie Mac? Any contract that requires a Social Security Number, 7. (12) Kendrick v Latham, 25 Fla. 819 (.1889). Not consenting or withdrawing consent, may adversely affect certain features and functions. An estate in the land held of a superior on condition of rendering him services. A: Yes. 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.
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