one wants to see people lose their land for non-payment of property And yet the accident of services being annexed to an allodial grant, did not make it feudal, which shows that the genuine distinction consisted in fealty, and not in services. The State records the Title on microfilm and ISSUES a Certificate of Title, which does nothing but certify that there is a Title. Also books on State Law Digests. Register of Deeds or County Recorder then Records in "Real Estate" file. You may file a Declaration of Homestead on up to 160 [64] acres, but not more. Published by BenmerguiLaw.com Real Estate Lawyers in Miami Florida. This is a federal land patent, Case law says; state or federal courts cannot touch land patents. When you own property, Allodial, no one can claim any control over your property but you. AN, ALTERNATIVE WAY TO GIVE THE OTHER PARTY NOTICE IS TO PUBLISH A, "NOTICE OF DECLARATION OF LAND PATENT" in a legal publication in your county, Include the legal description on your property in the ad with this warning: "If any party having a claim, lien or debt or other equitable interest fails to file a suit in a court of law within 60 days [65] from the date of filing or on (insert date), then they shall waive all future claims against this land and it will become the property and allodial freehold of the Assignee to said Patent. 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. Part V: Treaties - The Substance Of Federal Land Patents. Each issueprovidesinsight into the latest probate developments,delves intosome ofKeystonesmore interesting cases, andgives importantupdates about our firm. 264) ". with no fee or duty (TAX)!!! ACRES U.S.A.: And what does it really mean? How do you want to hold title if the property in question is not real property but personal property? 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. Our question, then narrows itself down to this: is fealty any part of our land tenures? The states carved out of this treaty are the present states of Oregon, Washington, Idaho and the southwest corner of Wyoming. The legislation turned title of the land over to the City of Angels Camp, which in turn is issuing quit-claim deeds to the property owners. Clerk is bonded to perform "ministerial duties" NOT "Judicial". 43 USC 59 establishes duly certified copies of federal land patents shall be evidence in all cases where originals would be evidence. You are then, a Free American and NOT a U.S. Citizen. LANDI: This had to do with the Mexican War following the War with Mexico, under this treaty,, the United States paid Mexico $15 million dollars in gold coin for reparations and all that conquered territory now known as the states of California, Nevada, Utah, Arizona, and the western portions of Colorado and New Mexico. All the courts in the United States must take judicial notice of these federal patents and their evidentiary effect under these federal statutes. No equitable interest, however strong, to land described in such a patent, can prevail at law, against the patent. It was therefore necessary to extinguish all foreign interest in the soil, as well as foreign jurisdiction in the manner of government. (Art. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. However, simply because two people are married does not necessarily mean that they own property as Community Property. Quit-claim deeds - A quit-claim deed is a color of title [B] (10) and can pass the tide as effectively as a warranty with full covenants. This is what Summa (supra) was all about. A. The necessary result of the Coronado Beach decision (U.S. v Coronado Beach Co., 255 U.S. 472 (1921), is that even "sovereign" claims such as, those raised by the State of California in the present case must, like other claims, be asserted in the patent proceedings or be barred Those decisions control the outcome of this case. LANDI: Yes. 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. Low 33F. Treaties, for example, can take powers away from the Congress and give them to the president. 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'??? 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. [179]. (2nd ed. PROPERTY OWNERS RECEIVE DEEDS TO ANGELS LAND. said. LANDI: It pertains to the pecking order or authority. Treaty Of Guadalupe Hidalgo, 9 Stat. When you sign all those papers at the dealership, you are contracting for the Regional State to own your car! ACRES U.S.A.: But you see the judges in these equity courts are not looking at it that way. ACRES U.S. A.: Just for the sake of argument, would you set up, for me, in as good a narrative as you can, the defense that the farmer has? 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 feel, freehold, heirs, reoffment, and the like. We already know and can substantiate that an original land patent will protect your land from any equitable or collateral attack. 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'. This was preliminary to the allowing of his entry, and discloses the policy of Congress. 365 (Ill. App. Echart v Commissioners, C.C.A. (Nor does any other person in this country, unless they are a politician.) What does the bank call as collateral'? It also gave quite a liability on the Treaty of Guadalupe Hidalgo. 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. However, proving ownership in absence of the documents was an impossibility, andforgeriesof crown grants were common and difficult to detect. [144]. Who's controlling who? Choose wisely! A license is "privilege, or permission to do what is otherwise unlawful". The treaty-making power is an extraordinary power, liable to abuse. The speculator acquired power over choice spots, by procuring occupants to seat themselves on them and who abandoned them as soon as the land was entered under their preemption rights, and the speculation accomplished. Based on the information above, what is the ideal. 10, Constitution for the United States of America). e if the property in question is not real property but personal property? The Illinois Supreme Court went into detail in its determination that a tax deed is only a color of title: There the complainant seems to have relied upon the tax deed as conveying to him the fee, and to sustain such a bill, it was incumbent of him to show that all the requirements of the law had been complied with. Whereas, the private has to do with any other organisation or corporation that are not directly connected to the local state government. However, when he applied, for, and received, such "benefits" as farm subsidy, government supported grain storage, etc., he became further bound to the trust and incurred certain additional obligations and duties, he voluntarily subjected himself to the coercive terms of adhesion. This is stated an the front of the Certified copy of the Land Patent, which was obtained through the Bureau of land management, Department of the Interior of the United states of America. The Nevada Legislature in 2005 prohibited applications by property owners for allodial title after June 13, 2005. 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. How could he receive anything out of those lots, against his absolute deed in fee simple, except, by an express reservation? But now let the case be looked at from another stand-point. Texas was annexed to the United States by the independent vote of the inhabitants. There are people on the Internet trying to peddle this stuff, but it's all snake oil. When you buy a car, you must also know the difference. Section 58 covers Louisiana. [B] (34). 1935), In one notable instance, where the United States Army and a hundred years of persuasion failed, a highway has succeeded. Patents are tied to the Bible, in Genesis 47 by way of the word assigned in italicized print. Using the same example, if Owner B died, his share in the property would not automatically transfer to Owner A. California is known as a community property state. (7) Dryden v Newman, 110 111. The economists here present, must, carefully weigh the significance of this combination. Her learned counsel does not impugn those cases, but he seeks to parry the authority of them by a distinction so nice as to be highly creditable to his acumen, even if it be not well founded in law. [71]. ACRES U.S. A.: But the land that no biological person had laid claim to was just wilderness, claimed by Mexico. Rather it may be said a color of title is prima facia evidence of ownership of land, and rights to possession of the land until such time as that presumption of ownership is disproved by a better title or the actual title itself. So the mortgage foreclosures, in the words of the great thinkers, will deliver the landed resources of the United States into a few strong hands. 85, (1850) (Military Bounty Service Act); 8 Stat. That Statute is 3 Stat. [Wallace v Hanmtad, 44 Pa. 492, (1863)). 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. The Congress has the EXCLUSIVE RULE OVER THE Citizens of the District of Columbia, it's territories, Insular possessions and Federal enclaves. As a result. A Declaration of Homestead can only be filed on property that you actually live on. The parcels in question were created when old mines, with federally owned claims, were gradually worked out and broken up for sale. original land grant or land patent from BLM and filing a In this case, the owner will have an absolute title over his or her property. Consider the playing field of the diagram ahead, which is liken onto a tennis court. So true is the maxim that incorporeal hereditament lie only in grant. 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. We have not thought it worth while to consider the case in connection with the Statute of Frauds and Peduries, for if that statute should be found to be applicable, it would only bring us to the conclusion which we reach without it. 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). The Act of 1851 stated that anyone who was establishing a claim had to have it confirmed by the United States Land Commission. Could it be that those we elect(?) 1, Ch. : it describes a persons ownership and usage rights to a piece of property. So the bank says: You don't have the collateral you had last year. When they paid it they asked for their deeds, and found they have not been recorded. To resolve this mis-representation, we issue a Certificate of Allodial title to the real travelling conveyance machinery. 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. (1) 1 Kent Commentaries, 471; Western Union Telegraph Company v Call Publishing Company, 181 U.S. 765, 770 (1901). You can only discharge the debt with Federal Reserve Notes. I'm going to appeal it. Mine owners apparently never went through the formality of patenting the land before they sold it. "Anyone who says that property taxes can be avoided by creating The right to the ownership of property and to contract with respect of its use is unalienable. The case is WALLACE v Harmstad, S Ct 492 (1863), and the opinion of@the Court was delivered, May 6th 1863, by Justice Woodward, and in part, he stated: "I see no way of solving this question, except hy determining whether our Pennsylvania titles are allodial or feudal. On the basis of all the case law I have seen, there is no doubt in my mind that a land patent issued by the Bureau of Land Management which gives you a title at law is far superior to any title acquired in equity. Let us consider this table of distinctions: Distinction between Public and Private Jurisdictions. However, the land patent its remains the highest title at law, and few persons have updated a land patent in their name. [80], "THE PROPERTY TAX --- SCHOOL FUNDING ISSUE", "OWNERSHIP VS FRAUD IS IT A MASTER-SLAVE RELATIONSHIP, Well there's a lot of emotions flowing out and about, around this here Property Tax --- School Funding Issue! Historically, it was distinguished as property held absolutely and not subject to a feudal relationship. In your letter, BE SURE TO ASK FOR A CERTIFIED COPY. This is the approximate cost for most copies of the original patents. The interface between the two titles therefore, is the UCc. What each of these legal statements in the various factual situations says is that the color of title is never described as the absolute or actual title, rather each says that"is one of the types of titles necessary to convey ownership or apparent ownership. Black's Law Dictionary 2nd edition offers these definitions: Before 1774, all land in the American colonies could also be traced to royal grants, either a single enormous grant creating each proprietary colony (e.g. This is the ground on which the present case is attempted to be supported. Many people, with good intentions, support the schools, to a point, irrespective of the poor quality (the results) and the underlying goals of such controlled education. How do I know it is correct? United States. ], A patent issued, by the government of the United States is legal and conclusive evidence of title to the land described therein. It is, however, frequently used to denote a title. The bureau of Land Management, I believe, will charge a dollar or so to certify. . Ground-rents are Rents - Service. 27. Some states within the US (notably Nevada and Texas) have provisions for considering land allodial under state law, but such land remains rare. It certainly can, in the absence of the statute quia emptares, if our titles be feudal: it as certainly cannot, if our titles be allodial. In the U.S., only governments can hold land in allodial title, for example federal government owned parks and national forest land. But there may also be a distinction in the form or type of payment that you made in and for the land. 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. Is this not a government of the people, by the people, and for the people? Interspousal deeds are often used in divorce proceedings to confer sole ownership of a community property asset to one spouse. (28) Bagnell v Broderick, 38 U.S. 436 (1839). Another act on the 9th of April 1781, (2 Smith 532), provide for opening the land office and granting lands to purchasers; and, says the 11th section, "all and every the land or lands-granted in pursuance of, this act shall be free and clear of all reservations and restrictions as to mines, royalties, quit-rents, 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, and to all and all manner of profits, privileges, and advantages belonging to or occurring from the same, and that clear and exonerated from any charge or encumbrance whatever, excepting the debts of said owner, [73] The province was a fief held immediately from the Crown, and the Revolution would have operated very inefficiently towards complete emancipation, if the feudal relation had been suffered to remain. Black's Law, 4th Ed. It describes a situation wherereal property(land,buildingsandfixtures) is owned free and clear of any superior landlord. Please bear with me, my leading is not in vain! It did not depend on contract, it resulted necessarily out of the grant of the feud. 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. - This was the oath of fealty which was, according to Sir Marlin Wright, the essential feudal bond so necessary to the very notion of a feud. 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. No one can touch that federal land patent, except the United States Government. 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. One of the earliest statutes for granting land patents was passed by an Act of Coneress. (Note: a variation of the above when two people own a property is for one to file the land patent and then file a Quit Claim Deed and assign the Land Patent to the,second party. Thus any tax deed which purports, on its face, to convey title is a good color of title. is the. ACRES U. S. A.: And of some importance, is the Gasdsen December 30, 1853 110 Stat, [1031]. In addition, the government powers of police power and escheat have been retained in the American legal system. 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.". 2d 800, 806 (1957). Based on the information above, what is the ideal way to hold title in California? [109]. It can be clearly seen that the intent of these early lawmakers was for the people of this country to be FREEMEN AND FREEHOLDERS of their land, and not ever be subject to have it taken from them by any government, feudal authority or banker or any other party who might have a claim against the person who owned the land. * = To abide by, decided cases. is so important because it has far-reaching consequences in everything from marriage and divorce, to bankruptcy and death.