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Following that, the people voted in the Lottery. Jim Hightower put the goal of the previous administration at 10,000 super farms. The usual cost of a patent copy is $1.35 a page, she said. Q: Why send the Bureau of Land Management $20.? If the question were up for the first time, we might perhaps doubt whether the alteration made by Arrison was fatal to Mrs. Wallace's rights; but we consider ourselves concluded on that question by the previous decisions, and have not therefore discussed it. He Won! LANDI: I think the problem that you're having out there right now is getting the patent recognized in court. which covers land from not only the original 13 colonies, but all the land west to the Mississippi River. Essentially, a Land Patent is the first conveyance of title ownership to land which the U.S. Government grants a citizen who applies for one. 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. In the old days, it is my understanding, that land held under these titles could not be licenced, seized, or taxed! 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, Ch. 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. L. The holder of a land patent, which has been certified. This "Citizen", having an interest in the basic land/title issue, and fully understanding the principles involved, the truth that "we are merely serfs upon the land," that no one really owns their land, and having no need to participate in "their" deceitful fraud has turned his energy toward other interests. For this reason, the enclosed Declaration of Land Patent has in it, adequate language for this purpose. 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 is simply better or stronger than another, or will prevail over it." [B] (22). Always take an extra COPY to the recorder and say, Would you endorse a copy for me? Our main objective is to provide an international platform for all good governments, organisations and peoples to file and record good title to their corpus (natural body), landed property, and to private conveyances. (32) Sabo v Horvath, 559 p. 2d 1038, 1040 (Aka. Here are the offices that can issue a Land Patent if provided with the legal description of your property. This is the ground on which the present case is attempted to be supported. This new type of ownership was acquired in all thirteen states. 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. It is thus opposed to "feud.". [156]. When, therefore, a man aliens all his estate, and leaves no reservation in him, as if tenant in fee make a reoffment, or tenant for life alien his life estate, no rent can be reserved, except it be by a deed. If you look at your tax bill I'm sure even in your state you will see that the land is assessed at one amount and the improvements at another amount. 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. Then does this now mean I do not have to pay property taxes? 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. becoming a state citizen, obtaining a certified copy of the This step is necessary due to the fact that Congress has passed a law stating that it is Fraud for anyone to carry an non-governmental identification card without the disclaimer. Strictly speaking, in regards to land, we go to yet another definition, and that is of land being held in ALLODIUM, as- [85] "Land held absolutely in one's own right, and not of any lord or superior; land not subject to feudal duties or burdens. 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. 4. (Black's Law Dictionary, 5th Ed., pg.70)(Emphasis added). )(possession 9/10 of the law). [71]. (2) Karlson v Murphy, 56 N.E. 21. an allodial state. (United States v Reynes, 9 How. They are in deed more supreme than ordinary laws, for congressional laws are invalid if they do not conform to the Constitution, whereas treaty laws can override the Constitution. The formula of the Monetary Power for a world program to deprive landowners of their lands has been stated thus: We shall soon begin, to establish huge monopolies, colossal reservoirs of wealth, upon which even the big properties will be dependent to such an extent that they will all fall together with the government credit on the day following the political catastrophe. 322 Ill. App. 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. That is, if they can get the people to believe in certain things, then the Government can not only control the people, but also get the people to pay for their own servitude! In this important debate, the reason for such a particular act in general and the protection afforded by the patent in particular were discussed. How do I hold alleodial title in California? Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Please be sure to consult a legal or financial professional before making any investment or purchasing decisions. 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. A resolution of Congress that merely stated its intent 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. 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. 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". It in no way describes or defines your vested interest in the land. ANGELS CAMP. 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. It must be certified! None of the three by itself passes the absolute or allodial title to the land, the system of land ownership in America originally operated under, and even combined, all three can not convey this absolute type of ownership. [87]. There is also material in Bouvier's Law Dictionary. CONTACT: FAMILY FARM PRESERVATION, Box 2587, Hwy. Hawaii is the last state with that power to secede. 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. True allodial title is rare, with most property ownership in thecommon lawworldprimarily, theUnited Kingdom, theUnited States,Canada,Australia,New Zealandand theRepublic of Irelanddescribed more properly as being infee simple. That land ceded to the United States by the Treaty of Guadalupe Hidalgo. (3 U.S. 1991). Scroll downtosubscribe. So, the people had a right to allodial land titles as a direct result of the Declaration of Independence and the War for Independence that followed. I'm doing the historical research on the federal patents in California. Maybe there is a 'SUPERIOR' above you, controlling the use of the land and compelling a duty of fee for the 'interest' or 'use' of the land called property taxes! Estoppal has been sustained as against a municipal corporation (county). Two states,NevadaandTexas, created limited allodial title provisions in order to protect property owners from the burden of highly increased property taxes which often occur whenunincorporated landbecomes part of a town or city. 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. 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. Low 33F. You own the land. The Manufacturers Certificate of Origin IS THE TITLE!!! But it's just paper with nothing of value for support! There are people on the Internet trying to peddle this stuff, but it's all snake oil. that any act of the legislature cannot stand in its way because a treaty is the declared will of the people of all the United States and shall be superior to the constitution and laws of any individual State." Message and data rates may apply. 1, Sect. If such cannot be proven to the contrary, then ownership of the land is assumed to have passed to the occupier of the land. When this happens, the. 1031 (Dec. 30, 1853): 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. This is the right of the US or state governments to take private land for public use. 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. I confess to a growing unease about what I view as an Accelerating erosion of private property rights of California citizens. The presumption being that it (patent) is valid and passes the legal title. In other statutes, the Supreme Court recognized much of these same ideas. 264) ". with no fee or duty (TAX)!!! Allodial title is secured by various state constitutions. In mid-stream, we ask you the question, "Is property tax evidence of ownership?" All Rights Reserved. Is right of survivorship automatic? 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. ACRES U.S.A.: And the Treaty of Guadalupe Hidalgo made secure these grants? The vassal paid homage and service to the lord and the lord provided land and protection." The transfer of legal title (patent) to public domain gives the transferee the right to possess and enjoy the land transferred. When you do this, you must comply with the provisions of that contract and register the car every year, so the State knows where the car is, obtain a drivers license, and purchase insurance. 21. Mortgage foreclosures of equitable title interests are on the increase, and are the means of implementing this public policy. Those patents created by statute after March, 1789, had the Congressional intent behind such statutes as a reference and basis for the determination of their powers and operational effect. The founding fathers knew free men could survive only as long as they owned allodial title to property, because it is this type of ownership that accounted for broad spectrum distribution of income and preservation of the common law jury system, which they referred to as the "palladium," or the very comer stone, of liberty. A free sovereign individual who has a perfected federal land patent in his possession, is in a very enviable position at law. The plaintiff in ejectment must in all cases prove the legal title to the premises in himself, at the time of the demise laid in the declaration, and evidence of an equitable title will not be sufficient for a recovery. The right of the several states totax real estateis preserved in the Constitution. A tax on real estate to one not the owner is not valid. 68, (1812) (the Act establishing the General Land Office in the Department of the Treasury); 2 Stat. The interface between the two titles (i.e., title deed and allodial title) is the UCc. ACRES U.S.A. What did the Oregon Treaty do? And the whole process helped to contribute to an ever increasing control by Lawless Government. Well, we're going to take a good look at this 'Allodial' thing. ATG, CTIC, CLT, FNTNY, FAM, ORT, STG. The key to finding case law in every state upholding federal treaty and its laws can be found in its law libraries in the Key Digest under Public Lands. 566. It is necessary for industry to deplete the land both of and through speculations, transfer all the money of the world into our hands. To destroy industry, we shall, as an incentive to this speculation, encourage - a strong demand for luxuries, all enticing luxuries. Allodial land, though free of limitations from above, was not free of restrictions from below if the holder chose to have feudal tenants. In most states, property held by churches for the purpose of worship also has status similar to allodial title.American Indianreservations also share some similarity with allodial title. Why are you led to believe that you own the land? 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. 4. Nobody will listen. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. 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"!) Your e-mail address will be used to confirm your account. [175]. How does this affect your land purchase'? Allodial Title LLC | LinkedIn 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. Gold and Silver coins are value, [94] if coined by Congress at the U.S. Mint. When Congress, in 1933, suspended the gold standard (Art. 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 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. Since a Land Patent is not a conveyance of title by someone assigning their equity interest over to you, but a Land Patent is a TITLE AT LAW, which establishes an ALLODIAL FREEHOLD that is judgement proof and even immune from tax liens! LANDI: There is nothing arcane or esoteric about federal land patents, treaty law and the law of nations. Ownership is defined as follows: [75], "OWNERSHIP: The complete dominion, title, or proprietary right in a thing or claim. (see Art. There is in the English reports a long line of cases terminating in Ward v Lumley, decided in the Exchequer in 1860, and reported in 5 Huristone, Young & Gordon, wherein it was held that canceling a lease by mutual consent of both parties, does not destroy the estate vested in the lessee, and the lessor may therefore maintain an action of debt on the demise for the recovery of the rent, a case which is a fair type of its class and which it is said rules the present case in favor of the plaintiff in error. LANDI: You can print an excerpt from a document I submitted to the state court, one referring to the California Supreme Court decision which Summa over turned. They brought in the Chief of Records, as a witness, to testify that the document was true, and certified, and was absolutely correct. A license is "privilege, or permission to do what is otherwise unlawful". Different Ways You Can Hold Title to Property. The Manufacturers certificate of origin (Title) goes from the dealer to the State (regional) Department of Motor Vehicles. 99, (1812); 2 Stat. , which include sole ownership, community property, community property with right of survivorship, , joint tenants with right of survivorship and tenants in common. Texas was annexed to the United States by the independent vote of the inhabitants. 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 lead case that said treaty law cannot be interfered with by a state legislature in Ware v Hylton, 1(1976 3 Dall. First, in the original land patent, that was granted, lets say 100 years ago the land patent document itself says that this patent is granted to the original party AS WELL AS TO THEIR HEIRS AND ASSIGNS. I 0) which denied you the right to PAY YOUR DEBTS AT LAW (which extinguishes the debt), to a system where you can only discharge your debts, but the debt still exists. It is not properly the land, but a n@ in the land." More Eminent domain and land use law Property title Real estate Ask a lawyer - it's free! (Black's Law Dictionary, 5th Ed., pg.559) (Emphasis added) [84]. prior to your making a decision about how to vest title. In 1862, the Homestead Act, Section 4, provided that: No lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the land patent.