Town of Frankfort v Waldo, 128 Me. [82]. You have perfect title to it. The Seminole Indians surrendered to the Tamiami Trail. Therefore, if any title on land would be wanted or sought after, as a treasure, it would certainly be an 'Allodial Title' would it not'? They kind of define that as 'something like" an owner! 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. It occurs when real property (i.e. Hawaii is the last state with that power to secede. April 24, 1820. which prohibited the use of credit for the purchase of government land. Under the deeds executed in accordance with this agreement, each of the Harmstads entered upon his lot and built a house thereon. A color of title is that which in appearance is title but which in reality is not title; [B] (1) and, in fact, any instrument may constitute color of title when it purports to convey title to the land, as well as the land itself, although it is void as a muniment of title. Why has the State denied you true title to your property? The idea of allodial title is based on antiquated English law such as a sheriff's deed. For instance, In the United Kingdom a V5 document is evidence of a legal title-claim of a fictional legal entity seen as the ALL CAPS VEHICLE DESCRIPTION, and is a mis-representation of a real traveling conveyance machinery that exists in reality. 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. In this case, the Supreme Court held that a treaty is the supreme law of the land, pursuant to Article VI, Section 2 of the United States Constitution. To encourage railroad growth and provide transportation for over three million new settlers that had immigrated from the East into a wilderness devoid of roads, the government gave the first railroad land grant 2,595,000 acres of federal land, six alternate numbered sections (640 acres in a section) of unpreempted, land for every mile of track built, to be issued to fund the building of the Illinois Central, with a branch to Chicago. LANDI: We told the banks that, my federal land patent granted land only, and that is all I am claiming is land. 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. In order to correct this problem, it is important to return to those documents the early leaders of the nation created to properly ensure that property remained one of the inalienable rights the newly established sovereign freeholders could rely on [131] to always exist. We've got to protect the creditors. 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. 34, (1807); and 2 stat. 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. However, even today, new land patents continue to be issued, mostly for gas, oil and mineral rights on public lands. Isn't that a contract? After a lockdown that lasted less than one hour Friday morning, Lewiston High School was determined to be secure by law enforcement officers following a report that shots had been fired. Once that is done, Gritz says, "Your property is free from all ACRES U.S.A.: What about that Mexican family that owned land in New Mexico? Basically the title insurance company is at fault; they did not search that title back far enough to its original source to see who owned the land. 8, Cl. However, if nine justices of the United States Supreme Court are not confused by it, under the supreme law of the land, why should a state judge be permitted to ignore it? Many couples who divorce decide to sell the property and divide the proceeds equally. Look at the fine print in a trustee deed sale notice. [192], *****************************************************************************, UNITED STATES DEPARTMENT OF THE INTERIOR REGIONAL OFFICES. If you don't want it, they wont do it, and you don't pay. M, Tigerton, Wis. 54486. All the courts in the United States must take judicial notice of these federal patents and their evidentiary effect under these federal statutes. If multiple parties are jointly purchasing a property but cannot make equal contributions, tenancy in common is a good way for them to hold title, as equal contributions are not required with this California title-vesting option. Some of the more common types of deeds you may have heard of include the following: 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. You would then own your land free and clear, fee simple. 11, Ch. It is important to note that deeds can be used to convey different types of ownership. So. Before we get into what Allodial Titles, and Land Patents are, let's go to the first U.S. Supreme Court case on land titles for a clearer and basic understanding as to what our forefathers established through their experience and sacrifice for their progeny. ACRES U.S.A.: And what does it really mean? The procedures which I will describe are not time tested, as they have not worked their way through the U.S. Supreme Court. When you do this, you must abide by the provisions of the contract and register it every year, so the owner knows where it is, buy insurance (a paeans scheme) and get a drivers license. 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. This means definitely KNOWING which behaviours are RIGHTS because they do NOT cause harm nor loss to other sentient beings, and which behaviours are WRONGS because they DO cause harm or loss to other sentient beings. This would be to reverse the maxim, in idium spoliatofis, omniapraesumuntur. What does the bank call as collateral'? Low 33F. Part of the method by which the new United States decided to dispose of its territories, was stipulated in Article IV, Section 111, Clause 2, of the U.S. constitution: The Congress shall have the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States. The law in 1820 prohibited the borrowing or use of credit for the purchase of government land. Step by step. The top real estate attorneys at Schorr Law have years of experience working on real estate issues, including those involving forms of title. 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. ACRES U.S.A.: How. This is also known as fee simple, which refers to an individuals absolute ownershipofland and/or landed property. Thus the jurisdictional laws that apply to the legal entities of the ALL CAPS NAME, a PROPERTY ADDRESS and a VEHICLE DESCRIPTION are different to the jurisdictional laws that apply to the Certified Sovereign man/woman and Allodial Title to landed properties and to travelling conveyance machineries (a.k.a. Joint Owners Right to Sell or Encumber Real Property, escrow officer with ask the buyer for vesting instructions. 2d 800, 806 (1957). A: Yes. Consider and understand that, your government(?) If the estate were feudal the absence of the stawte would lead to a different conclusion - but with great deference to all counter opinions, I hold that the estate was strictly allodial, and that Anison retained only what was expressed in the deed. It's a vital system along with the Cadastral Certificate that can help to determine if a property lies within or outside of any municipal regulations. For this reason, anyone inheriting or purchasing real property should speak with a lawyer or financial adviser prior to vesting title. Saith Littleton (speaking of the effect of the statute), "where a man upon a gift in tail, or a lease for life, will reserve to [108] himself a rent-service, it behoveth that the reversion of the lands and tenements be in the donor or lessor, for if a man will make a reoffment in fee, or will give lands in tail, the remainder over in fee simple, without deed reserving to him a certain rent, this reversion is void; for that no reversion remains in the donor, and such tenant holds his lands immediately of the lord of whom his donor held:" I Thomas, Coke Litt- star p. 444. The American people as newly established sovereigns after the Revolutionary War, became complete owners in their land beholden to no lord or superior, sovereign freeholders in the land themselves. The interest claimed by California is one of such substantial magnitude that (it) must have been presented in the patent proceedings or be barred. Nothing could be more easily done than this, if contracts of this [136] description could be enforced. If somebody has a claim, if the bank says, they have a claim on that land, they are going to foreclose. Odometer mileage. Setting aside all the obiter dieta of those cases, they clearly established these several conclusions, grounding them all on the policy of the law which altogether forbids parties from tampering with written instruments or deeds, and which, in its application to the deed in question here, avoids the covenant reserving rent in favor of the fraudulent grantor, but preserves the fee simple to the innocent grantee, discharged from the covenants in the deed. The practice of allowing ejectments to be maintained in state courts upon equitable titles cannot effect the jurisdiction of the courts of the United States. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. The Oregon Treaty, 9 Stat. pg 1267). A: Writ to Acres U.S.A. Freddie Mac? 4-6. The manors and lands which had been surveyed for the proprietaries were excepted, and a pecuniary compensation to them was provided. If no one protested that claim within a three year period from the date of the Act, it could no longer be attacked under any circumstance! 3. 46220; Phone (317)325-2505). The state of California has been trying to grab land - federal land and offshore drilling land. Such. if they fail to file a suit in court within the 60 days, the case is substantially weakened if they file it later. The Califomia Supreme Court affirmed, rejecting petitioner's arguments that the lagoon had never been tideland. Los Angeles brought suit against petitioner in a Califomia state court, alleging that the city held an easement in the Bailona lagoon for commerce, navigation, fishing, passage of fresh water to canals, and water recreation; such an easement having been acquired at the time Califomia became a State. The Constitution in its original form was ratified by a convention of the states on September 17, 1787. Again, can you say the same thing about your land title'? IV Sec. High around 50F. So also it is due to the Feudal Government, through which none of our titles have been derived. The Administration (government) holds this land as TRUSTEE for the people! We already know and can substantiate that an original land patent will protect your land from any equitable or collateral attack. The type of deed they sign will depend on the manner in which they wish to hold title to the property. In the old days, it is my understanding, that land held under these titles could not be licenced, seized, or taxed! Incidently, even IRS cannot supersede federal treaty law or the provisions of any treaty of this country. Essentially, this merely recognized that no person holding land in the new United States owed any allegiance or duty to the Crown or any Englishnoble. 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. Greater IL Title Co Group of Companies. And I have the leading case law on that, their treaty. Kind of like there's somebody watching over you, controlling or dictating what you can or cannot do on your land, and then demanding "TAXES" as well. 9. What is allodial title? It is crucial for anyone who is being transferred property to understand the various ways to hold title in California, because the California title-vesting option they select will affect not only their ownership rights, but also the ways in which they are entitled to use the property.