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The patent is the only evidence of the legal fee simple title. 6. It is this case and the implications it holds, that prompted her to raise a family, but she is back--in her words, "an advocate," meaning she fights for causes and principles often left unattended by ordinary lawyers. 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". An allodial right is a right found in the lex non scripta, the unwritten law - common law - 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. Under the Acts of Assembly I have alluded to, the state became the proprietor of all lands, but instead of giving them like a feudal lord to an enslaved tenantry, she has sold them for the best rice she could get, and conferred on the purchaser the same absolute estate she held herself, except the fifth of gold and sliver, and six acres in the hundred for roads, and these have been reserved, as everything else has been granted, by contract. l,c. I suspect that the only problem the farmers are having with the courts is purely procedural. Additionally, joint tenants must have equal ownership interests in the property. Why are you called a landowner, when you are compelled to duties, fees, and taxes'? ACRES U.S. A.: Thousands of people are asking for a copy of the land patent covering their acres. The boundaries of the territory are given in Article 11 of the treaty, i.e., the western boundaries of those states today known as Mississippi, Tennessee, Kentucky, Illinois and Minnesota - all the states from the Mississippi River and eastward to include the, original 13 colonies. In point of fact, the state of California has just recently begun to acknowledge U.S. Supreme Court decisions. This leaves us with a predicament as to whether or not our current birth registration is a lawful one. When I read the Summa Corporation decision, I had known about the Treaty of Guadalupe Hidalgo through researching a case right here in Contra Costa County. as to the nature of any relationship and the amount to be charged for the intended legal services. 15. For this reason, anyone inheriting or purchasing real property should speak with a lawyer or financial adviser prior to vesting title. which covers land from not only the original 13 colonies, but all the land west to the Mississippi River. Allodial Title: 5 Things You Should Know Gokce Capital 13.9K subscribers Subscribe 18K views 1 year ago Has the term "allodial title" popped up while you've been scanning real estate sites?. LANDI: Yes. 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. No one can challenge it. derive. These deeds include the ones as follows: warranty deed, quit-claim deed, sheriff's deed, trustee's deed, judicial deed, tax deed, will, or any other instrument that purportedly conveys the title. Then does this now mean I do not have to pay property taxes? But now those people who are in the know, or supposed to be, from REAL ESTATE AGENTS, STATE OFFICIALS, to POLITICIANS, obviously are not directed to this information, or most likely this information has been suppressed or even denied, not only from them but from you too, the so-called property owner!!! Since Land Patents cannot be collaterally attacked as to their "Validity" or "Authenticity" as the highest evidence of title; Federal Land Patents were given free and clear 'ALLODIAL Title' with no encumbrances, then and now. Jenny Mae? H. A "Sheriffs Deed" or other type of document transfer shall be proof of fraud. We must develop, by every means, the importance of OUR SUPER GOVERNMENT, REPRESENTING IT AS THE PROTECTOR AND BENEFACTOR OF ALL WHO VOLUNTARILY SUBMIT TO US. 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. 201]. But in leases for years, the reversion remains in the lessor, and goes by assignment, to his assignee, and carries with it the right of action. 11. [186], LAND PATENT STOPS BIDDING AT SHERIFF SALE. ACRES U.S.A. Under Indiana Law, when no bids are placed on a property, the property reverts back to the owner after 4 p.m. the same day. [188]. For example, a beneficiary who stands to inherit real property through a will or trust is not considered a legal owner of the property until the. R. 151, where a lost release of an annuity was pleaded without profert, the King's Bench sustained the plea and overruled the demurrer to it. (B] (35). landowners immunity from property taxes. [91], This same point and principle applies to your automobile, you think you own it, but the State compels you to 'Drivers License, Registration, and Insurance, because the State holds the true title to your car, you merely carry a 'Certificate of Title', certifying that a true title exists. However, instead of just sending in $10 as Gritz suggests and National is pertaining to that which is in the public (as just described) and therefore international is that which is in the private. The Nevada Legislature in 2005 prohibited applications by property owners for allodial title after June 13, 2005. No It is the mechanism and procedure for an individual to lay claim to his right to allodial title of land, as was established by the Declaration of Independence (our first organic Law) and the. at 456-571]. Sect. As Senator Edwards stated: But, he said, it is not my purpose to discuss, at large, the merits of the proposed change. Two points are raised or established, the first, from a court case, called STANEK v WHITE, 215 NWR 781 (1927), states: [77], "There is a distinction between a debt discharged and one paid. Town of Frankfort v Waldo, 128 Me. 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. Thomas Jefferson would have called it "landed aristocracy.". ACRES U. S. A.: And this brings us to the Treaty of Guadulupe Hidalgo, 1848. Well now, not too bad, but let's take a look at "FEUDUM", defined as: "A feud, fief, or fee (tax). 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. Of course, the other alternative is to shut all the schools down and tum over the education to `private enterprise' and 'home schools'! such as a sheriff's deed. 80. With every Affidavit that you send to an agency, the number or identification card must be surrendered. ", ESTATE: The degree, quantity, nature, and extent of interest which a person has in real property is usually referred to as an estate, and it varies from absolute ownership down to naked possession. [BI (3). Because the specifics of your situation determine which California title-vesting option is ideal, it is best to speak with a lawyer, who can present you with the advantages and disadvantages of each California title-vesting optionprior to your making a decision about how to vest title. A Declaration of Homestead can only be filed on property that you actually live on. Farmers cannot be lawyers, and lawyers cannot be farmers, there's no question. The two year limitation on contest of federal land patents issued to private land claimants was extended by the Act of March 3. The reason, therefore, why this class of cases does not embrace this case, is that here was a conveyance in fee simple of an allodial estate, without any reversion remaining in the grantor, and therefore all his remedies for rent on his contract. It was called a forgery, and treated as such, and neither law nor equity would tolerate it even in the hands of an innocent purchaser. As for payment, you cannot pay a debt with a check or Federal Reserve Notes (FRAUDS). Taking the doctrine of those cases, the only question left has seemed to us to be, whether Mrs. Wallace had any remedy by virtue of the estate that is in her, and independently of the deed; and all we have said must be understood as applying to that question. Let me tell you about a case up in Oregon. automobiles). The Act of 1851 established [143] a two year limit to contest claims, after which the confirmed land claims were closed forever by the issuance of a federal land patent that generally included the phrase: given this day to his heirs and assigns forever. or the powers that are in the 'mushroom business', keeping everyone in the dark and feeding them 'bull'? 5), and only Gold and Silver coin can be used to pay debts. If a defendant is not responding, or if he is responding, then he doesn't his appeal rights. Jur. Farm equipment cannot be seized on federally patented land without trespassing. Along with the declaration of Land Patent and the Declaration of Homestead is a certified copy of the original land patent which you can obtain from your nearest land office. What does it entail? If you are the sole and separate owner of real property, it means that you have an undivided interest in the property (i.e., there are no other owners). He could sue the judge for involving himself in a case in which he did not have jurisdiction. I'll send a news article from Northern California in which the BLM had to participate and [162] obtain an act of Congress to clear the way for clear title under treaty and patent law. So now the question is, does the title you hold, or will receive, give you full absolute ownership, free and clear, fee simple, not subject to any duty or tax . do you hold your land in Allodium with a paramount title'??? (Emphasis added. Normally, the "allodial" title is vested in a stool, skin, clan, family, and in some cases, individuals." Allodial Title under Act 1036 Allodial title is among the interests created under Section 1 of Act 1036. Am. 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. [190]. Moreover, it was nearly impossible to determine if land was subject to common law encumbrances (i.e. In 1862, the Homestead Act. The right of the several states totax real estateis preserved in the Constitution. 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. Deeds can also be used to convey something less than full ownership rights, like a life estate, which grants the recipient certain temporary rights of ownership for the duration of their lifetime. In the debates in Congress prior to the passage of this Act, Senator King of New York said " it (the Act) is calculated to plant, in the new country, a population of independent, unembarrassed freeholders it will put the power in every man to purchase a [68] freehold, the price of which can be cleared in three years it will cut up speculation and monopoly it will prevent the accumulation of an alarming debt, which experience proves never could or would be paid." Thus, Congress was given the power to create a vehicle to divest the National government of all its right and interest in the land. Later, at the sale, the sheriff told the bidders, including the bank's attorney, that there was a Land Patent on the property and that if they bought it, they could never be able to get a clear title and would never be able to get a loan on the land. California title-vesting options include: Community property with right of survivorship, We go over the definitions of each of these. L. The holder of a land patent, which has been certified. How do you want to hold title if you are single? According to conservative estimates, possibly half a million U.S. farmers will be driven from the land in the next several years. These freeholders in the original thirteen states now held allodial the land they possessed before the war only feudally. [B] (9). California, you will remember, was badly turned upside down between the Mexican Government, Spanish Government, and the Gold Rush. While most of us are not heirs, ARE NOT WE ALL ASSIGNS? Bank claims ceased March 3, 1893 - FOREVER BARRED per #12-14 pgs.2&3. Consider and understand that, your government(?) The aristocracy as a political force has passed away. Wilcox v Jackson, 13 Peter (US) 498. Just the federal land patent. For example,universitiesandcollegesthat hold property for educational purposes can be described as having allodial title. [100]. Often, all three are necessary to properly pass the ownership of the land to the purchaser. When they paid it they asked for their deeds, and found they have not been recorded. Where a land patent exists, no lien or mortgage could be ever placed on the land. Fealty to him from whom the lands were holden was the great characteristic of feudal tenures; the services of fealty were enforced by distress, and hence, although a feud were granted absolutely, in fee simple, by livery of seisin only, and without a word of reservation expressed, the lord had his right of distress for the rent, which came to be the substitute of the feudal services. 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. For example, if the deed or another agreement specifies otherwise. That was the very first patent in this country. For example, a title company insures "good title" and a bank has given a farmer a loan on those grounds. App. LANDI: Because of the confusion of land claims by the Gold Rush settlers on Mexican land grants, Congress enacted this act to ascertain and settle the private land claims in the state of California. Therefore: statutes, legislations and acts of parliament are only applicable to legal entities that are registered within the public, national state or localised realms, whereas the UCc is applicable to communications and correspondences between entities across jurisdictions. 14. 388. 10, Constitution for the United States of America). YOU HAVE JUST CONTRACTED FOR THE STATE TO OWN YOUR CAR!!!. Estoppal has been sustained as against a municipal corporation (county). Although allodial title cannot be lost in most circumstances, that also means that it cannot be transferred or encumbered without losing its allodial status. But no so today! 607, 617 (1890). [Id. Four little letters L-A-N-D. To resolve this mis-representation, we issue a Certificate of Sovereignty as the true Allodial title to the natural Human Being. Ownership of property is absolute or qualified. 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. 223 (1869). Tenancy in common is another viable option for two or more owners who wish to jointly own property. 2d. "Zoning law" included.*. LANDI: The substance of all federal land patents is based upon treaty law. All feudal land patents in this area also flow from treaty law. 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. 22. LANDI: John Martin apparently squared off or surveyed a plat of land, a public layer, that did not belong to a private owner. Look up the Supreme Court Digests [66] on Land Patents, also a set of books called 43 USCS 17. 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. (United States v Creek Nation, 295 U.S. 103, Ill (1935); see also United States v Cherokee Nation, 474 F. 2d 628, 634 (1973)]. A key component of joint tenancy agreements is the right of survivorship. The second distinction to be made is that between national and international. Then the government patented it over to somebody - a soldier, perhaps! (9) Busch v Huston, 75 Ill 343 (1874); Chickering v Failes, 26 Ill. 508 (1861). [B] (34). 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. Baron Gilbert, in his excellent little work on the "Law of Replevins, " tells us that the distress came from the civil law into the common law, and that there appear no footsteps of it in the feudw authors. No new Sheriff's Sale was ever scheduled and there is no pending action of any kind in the courts. The term title is most often used in relation to real property, but it can also refer to the manner in which personal property (e.g., vehicles, artwork, bank accounts) is held. Nothing passes to you unless the United States government grants you this land and it belongs to you, then you can do whatever you want. It is all so simple, you can expect judges to be confounded by it; as the scriptures say, "God takes the foolish things of the world to confound the wise, and God *takes the weak things of the world to confound the strong. and the judges in every state shall be bound thereby, anything in the Constitution or the laws of any State to the contrary notwithstanding any act of the legislature cannot stand in the way because a treaty is. You own the land. The effect of the statute, to state it more briefly, was to take the rent-service out of the tenure, upon subinfeudation, and to convert it into a rent-charge, which must have a contract to support it. 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. If title to property is held as community property with a right of survivorship, it simply means that the surviving spouse or domestic partner automatically assumes full ownership of the property upon the death of the other title holder (i.e., their spouse or domestic partner). Legally, pertaining to real property, any condition extending the inalienability [Black's Law Dictionary, p. 1027 (5thed. U.S. 127 (1850)], Congress has the sole power to declare the dignity and effect of titles emanating from the United States and the whole legislation of the government must be examined in the determination of such titles. 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. Unless they have entered into a legal contract that forbids them to terminate their interest in the property, tenants in common also have a legal right to sell their fractional share of a property. Please be sure to consult a legal or financial professional before making any investment or purchasing decisions. 43 USC 59 establishes that duly certified copies of federal land patents shall be evidence in all cases where the originals would be evidence, Section 57 covers the states of Oregon and California. of a patent to anyone who pays for one, according to Sally It is numerical digits which will vary depending on the area, or municipality in which the property is located. Furthermore, any entity that is considered public and/or national is governed by admiralty law (or, law of the seas); and any entity that is considered private and/or international is governed by the common law (or, law of the land). 2. 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. ACRES U.S.A.: The land, the building and the cows. Information on this site and your receipt or use of it (1) does not create an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified real estate attorney in Los Angeles. However, in reality, previous grants prior to those territories becoming U.S. possessions were recognized; ownership under French and Spanish crown grants in the Louisiana Purchase and Guadalupe-Hidalgo/Gadsden territories remained valid. (11) Grant v Bennett, 96 Ill, 513, 525 (1880). In a valuable note by Judge Sharswood to the opening passage of Blackstone's Chapter on Modem English Tenures (2 Sharswood's Black. The idea of allodial title is based on antiquated English law Treaties make international law and they also make domestic law. Fenn v Holmes, 21 Howard 481. This is in regard to holding title to real estate in California, by allodial title. 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. (9) Williamson (supra) at 650; Boston and Kansas City Cattle Loan Co. v Dickson, 11 Okla. 680, 69 p. 889 (1902). 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. When making up your photo ID, you MUST, absolutely MUST, place a disclaimer on the ID such as: "Not a government issued identification.". 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. In California, vesting instructions provide the escrow holder with instructions on how the new buyers are going to take title how they are going to hold title in the county records. 5. Odometer mileage. Given this and that some research questions that Texas actually issues Allodial titlesacquiring an Allodial title in either of these states is no longer an option. As such, when a property owner dies and leaves ownership to more than one heir, the allodial status of the property is lost. And that is precisely what they did. Based on the information above, what is the ideal. [138], Issuance of a government patent granting title to land is 'the most accredited type of conveyance known to our law'. So, no guarantee goes with purchase of foreclosed lands, except, that you put a federal land patent on it. The only authority responsible to the holder of a Declaration of Land Patent is the United States Government. You now have your allodial title. 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. Interspousal deeds are often used in divorce proceedings to confer sole ownership of a community property asset to one spouse. In this, the Supreme Court held that a treaty is the supreme law of the land (Article VI, Section 2: "and the judges in every state shall be bound thereby, [157] anything in the Constitution or the laws of any State to the contrary notwithstanding"!) Historical Background: this is the registration number of a property. It is not properly the land, but a n@ in the land." Generally, ownership rights are established under common . This is what happened. 2. In addition to identifying the owner of a vehicle, a California Certificate of Title is an official source of information about the vehicle. 3d 899 (Ill. App. 202; 98 N.W. Forever. To PAY a debt, you must barter, or pay in Gold or Silver Coin, which cancels the debt. 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. But remember, the issue here is "That you don't own your land!" Although the feudal system was rapidly disappearing from England in the 18th century, to be replaced with a system oftaxation, in theory the feudal chain of title still exists, although it is a formality. Under the Torrens system, the title to real property is held by the state and is subject to taxation and . And, the interfacing and interacting body of law between them, is the UCc. A. What does this rancer do? ALL STATE COURTS LACK JURISDICTION OVER FEDERAL LAND PATENTS, TREATY LAW = Superior Status can NOT be overruled even by U.S. Supreme Court! If you don't want it, they wont do it, and you don't pay. (Sept. 18691, A patent is the highest evidence of title, and is conclusive against the government and all claiming under junior patents or titles, until it is set aside or annulled by some judicial. What does that do? If some land remained unoccupied, Jefferson said: that anyone occupying it had possession, the right of ownership, land title, was then to be held by way of ALLODIAL TITLE. No claims could be made after the issuance date of the patent. Allodial title cannot be mortgaged. 18. The lead case that said treaty law cannot be interfered with by a state legislature in Ware v Hylton, 1(1976 3 Dall. Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Until it issues, the fee is in the [183] government, which by the patent passes to the grantee, and he is entitled to enforce the possession in ejectment. [110] This term "rent-service" is feudal language, as we have seen, and yet there is nothing in the application of such terms to determine the quality of the tenure; for Cruise tells us, 1 Digest 7, that the circumstance of annexing a condition of military service to a grant of lands does not imply that they are held by a feudal tenure for the possessors of allodial property, who were called in France liberi homines, were bound to the performance of military service. , respectively, signs a document transferring title to the property into their name. The federal land patent is the paramount common source of titles from the United States government. Here is what you do. What Happens to Your Property After Getting Married? These sources include the Congressional debates and case law citing such debates. 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. It's one of those 'belief scams', you believe its money, that it has value, and your 'confidence' thus makes it so! Therefore, if I were the new buyer, I would tell IRS, I want my money back for fraud for not telling me that there was a federal land patent on the land, that I can't fight to get off my land. You bring that up. The term title is most often used in relation to real property, but it can also refer to the manner in which personal property (e.g., vehicles, artwork, bank accounts) is held. The intent of Congress is manifest in the determinations of meaning, force, and vested in the patent. [99]. Well hang on, we're getting warm. Accordingly, a partners interest in the partnership real property is directly tied to the partners interest in the partnership. Unlike a traditional deed, TOD deeds do not convey a present interest in the property to the recipient; rather, the TOD deed only takes effect upon the death of the settlor and can be revoked by the settlor at any time during their lifetime.