contacted by people attempting to follow through. It's really a no win situation. [181]. are seeking to enforce judgments against deceased debtors estates. Is that what you're saying? So. 1975); linger v Checker Taxi Co., 174 N.E. This is what happened. The notification that a Patent exists before.the transfer shall be sufficient for this charge. 402 under general, to wit: Absolute or Conditional Conveyance. When you buy a car, you must also know the difference. Follow the step-by-step instructions below to design your alluvial title: An Absolute conveyance is one by which the right or property in a Thing is transferred, by which it might be defeated or changed; as an ordinary deed of lands, in contradistinction to a mortgage which is a conditional conveyance. 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. The Social Security Number is the Main Contract with this Foreign government that creates this status of slavery. Cost is $25. You will also find many court cases and related documents on the DCS computer system, especially in the directories: Q. A landowner up in Oregon was foreclosed on by the bank. Land held in absolute ownership with no superior above you! Article 1, Section 8, Cl. "allodial'' title to property that supposedly would grant [B] (14). Ground-rent Deed invalid for fraudulent Altemation in hands of Flurchaser for Value without Notice. 92 (1871). The federal land patent is the paramount or common source of titles from the united States government. 2d 951, 382 Ill. 321 (1943). Q. 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. 11, Ch. If he thought that such coercive, and apparently insane, actions were violative of his rights to due process of law and went to court, as many farmers did, he lost; and the court did not tell him that a contract was being enforced against him in which he had voluntarily subjected himself to its coercive terms. 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. You should receive it in 4 to 6 weeks. A total of about 80 acres involving 20 plots of land are involved. 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". LANDI: Right. Echart v Commissioners, C.C.A. Even the original 13 colonies? In other words, federal land patents put into evidence by a land owner cannot be challenged by a state court because it flows from a United States treaty and, therefore no court has -jurisdiction over title or ownership to land traced to this paramount source of title. 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. Enforcement of a Patent must come from the United States Government. FRRf is a common Law Registry and Private Records Archive. [B] (33). So the..term OWNERSHIP" may take on a totally different meaning, dependent upon the type of title one has in the land. rights to another than what he has to grant.''. However, in reality, previous grants prior to those territories becoming U.S. possessions were recognized. Having broken away from the English sovereignty and establishing themselves as their own sovereigns, they had their choice of types of taxation, freedom of religion, and most importantly ownership of land. In federal courts, the rule that ejectment cannot be maintained on a mere equitable title is strictly enforced, so that ejectment cannot be maintained on a mere entry made with a register and receiver, but only on the patent, since the certificates of the officers of the land department vest in the locator only equitable title. [123]. 172, (1824); 3 Stat. A certified sovereign human being, therefore, is acting within his/her own ordained sovereignty and birthright jurisdiction of laws and principles; as if acting within their own authority and nationality, so to speak. All our lands are held mediately or immediately of the state, but by titles purged of all the rubbish of the dark ages, excepting only the feudal names of things not any longer feudal. I 0) (Look up your own States' Constitution Article and Section). 559). Because of the different rules surrounding property that apply during the spouses lifetimes versus after the death of a spouse, property disputes that take place in the probate court can be difficult to navigate without the assistance of a skilled probate attorney. I see no way of solving this question, except by determining whether our Pennsylvania titles are allodial or feudal. Even when an easement is to be suswned by [105] prescription, or a right of way by necessity, a grant is presumed from long enjoyment, of the easement, or from the necessity for the right of way, and thus again the result of the evidence is to establish the grant. These sources include the Congressional debates and case law citing such debates. A total of "10,000" farms for the nation has been the goal of public policy ever since the Committee for Economic Development wrote its Adaptive Program for Agriculture, but true to "People's Republic" type thinking, the matter has never been taken up with the American Public. 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. (Corp. Code section 16202.) such as a sheriff's deed. Why has the State denied you true title to your property? title, though, the money might as well be kept at home, Olsson No one can attack a federal land patent. And Congress said, Okay, we'll have somebody check on it. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any superior landlord. Gibson v Chouteau, 80 US 92. How do I hold alleodial title in California? 437, 9th Cong., Sess. There have been dozens of statutes enacted pursuant to Art. For instance: department for transportation, the postal service, education, national health service, fire department, police department and so forth. A state may provide for the collection of taxes in gold and silver only. al., 93 111. A Land Patent can only be filed on property that has been assigned to you. an allodial state. Because community property laws only entitle each spouse or domestic partner to a 50% interest in marital property, they cannot dispose of more than their 50% share of the property through their estate planning documents. If you still have questions or prefer to get help directly from an agent, please submit a request. [103]. All public land originates from the U.S. government. 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. It therefore becomes necessarily difficult, if not impossible after a number of years, considering the inevitable contingencies that must arise and the title disputes that will occur, to ever properly guarantee an absolute title. 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. That land ceded to the United States by the Treaty of Guadalupe Hidalgo. [187], PROCEDURE TO FOLLOW IN THE ENFORCEMENT OF A UNITED STATES. The court wouldn't listen to his arguments. The opinion of the court was delivered, May 6th 1863, by Woodward, J.- It is not to be doubted that the cases of Arrison v Harmstad, 2 Barr 191, and Wallace v Harmstad, 3 Barr 462, do decide that by reason of the fraudulent alteration of the deeds, reserving the ground-rent in question, neither an action of debt or covenant would lie on any one of the deeds for recovery of the rent, nor is it recoverable in an action on the verbal contract under which possession was obtained, nor in any action for use and occupation of the premises. So also it is due to the Feudal Government, through which none of our titles have been derived. In the mean time the first half-year's ground-rent falling due July 1st 1839, was paid by the Harmstads without any knowledge of the alteration. In addition, the government powers of police power and escheat have been retained in the American legal system. ACRES U.S.A.: And the Treaty of Guadalupe Hidalgo made secure these grants? The courts have consistently said, NO. When you use Gold and Silver coin to pay a debt, it is paid in full. [B] (4). 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. that provided a way for land to be owned free of feudal Why send the Bureau of Land Management $20.00? California title-vesting options include sole ownership, community property, community property with right of survivorship, joint tenants with right of survivorship and tenants in common. 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. Life went on as usual with no clues to the fact that all property had been hypothecated to the Board of Governors of the Federal Reserve; and as trustees. Why and How? derive. 560) (Emphasis added) [83] So what you may be involved in, as a so called 'property owner', is a form of feudalism, which is basically in modem terms: "A system based upon a servant relationship between the servant and a superior (State, Banking Co., Corporation, or other). 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. Its' been said many times, but here, it is more than applicable - and that is: "All had better WAKE UP! Conversely, if title is held as just community property, then the deceased spouse has the right to dispose of 50% of the property through their will or trust. 64113: (An interview with Carol Landi) [D) Common Law Liens," from "Memorandum of L-aw - History, Force, and Effect of the Land Patent, n (supra). Stay up to date withthe latest newsin the exciting world of probate law through our quarterly newsletter,The Keystone Quarterly. We have what are called ranchos confirmed by the U.S. government after the conquest of the western states. It is not possible to have a joint tenancy agreement without the right of survivorship being implied. Ownership of property is Absolute when a single person has absolute dominion over it. Suddenly, that family found itself in the United States. While the Cession of Texas is a treaty, it was annexed as a House Joint Resolution (HJR) and it would be fairly certain that the citizens had the same protection as those given under treaty law. That makes it admissible evidence in the state court. 44, 650 (1917). InterestinglyQuebecadopted a form of allodial title when it abolished feudalism in the mid-nineteenth century making the forms of ownership inUpperandLower Canadaremarkably similar in substance. The Judges of all states shall be bound by treaty law.*. LANDI: Yes. For this reason, anyone inheriting or purchasing real property should speak with a lawyer or financial adviser prior to vesting title. This tract of land was ceded to the new American republic in the treaty signed with Britain in 1783. When taxation of real property began, because of "the confusion of ideas that prevails on this subject," the people unknowingly, and voluntarily accepted the premise that government was the Superior and the legal title holder; and their interest in the land was merely an equitable one. In other words, if a tenant in common dies, their portion of the property will either go to their heirs if they dont have an estate plan, or be disposed of through their will or trust. 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!!! No corporate entities or agents thereof are authorised to issue Certificates of Sovereignty or Certificates of Allodial Titles. Am. 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. 1, Ch. The Constitution in its original form was ratified by a convention of the states on September 17, 1787. Upon a persons death, it is not uncommon for property disputes surrounding their assets to arise among their surviving loved ones. TELL US WHAT HAPPENED. 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. [B] (23). Where's your proof? We are then to regard the Revolution and these Acts of Assembly as emancipating every acre of soil of Pennsylvania from the grand characteristics of the feudal system. The region's best source for events, arts, culture everything. But these oppression ended with the wars of the Barons, and towards the end of the reign of Henry III, particular laws were made to regulate the manner of distressing, and not to suffer the lords to extend this remedy beyond the mischief it was first introduced for, which was no more than to empower the lord, by seizing the chattels, to oblige the tenant to preform the feudal services: Gilbert's Law of Replevins, pp. [Stone v United States, 2 Wall. In the case of the Department of Motor Vehicles, the Number Plate, Registration, Certificate of Title, and Driver's License must be enclosed with the Affidavit, etc.. How are they going to prove that they have title to the land from the United States government? for a disappointment, state and federal officials say. Designation S/ TIT: This corresponds to the numbers on the house, parking, apartment or storage, to indicate where it is located. 122 [185]. ACRES U.S.A.: OK, now where does he bring this suit? Boom, it's finished! In point of fact, the state of California has just recently begun to acknowledge U.S. Supreme Court decisions. If you do not file for "homestead exemption or make any other contracts with the County or State, then you cannot be assessed any tax or be forced to obtain permits to improve upon your property. Sign up today to receive the Rundown, a curated collection of the week's top sports stories assembled every Monday by Tribune sports editor Donn Walden. It occurs when real property (i.e. The best title one can acquire from a title comp is a "Fee Simple Absolute" defined as: A fee simple absolute is an estate limited absolutely to a man and his heirs and assigns forever without limitation or condition. (25) Wallace v Harmstead, 44 Pa. 492 (1863). I mean it's not really money, there's no substance, it's just paper! You can only discharge the debt with Federal Reserve Notes. At common law there was no tax lien. E. The Declaration of Land Patent "CLOUDS" title to the land forever. which covers land from not only the original 13 colonies, but all the land west to the Mississippi River. In England, a man, who owned free from authority of the king, was known as a freeholder and his land as a freehold or allodial freehold. (1) Wright v Mattison, 18 How. This editorial was published by the Post Register of Idaho Falls. This is because the property is "sold" under color of law, and not according to the Common Law. A right of using and enjoying forever the lands of another, which the lord (superior) grants on condition that the tenant shall render @ (duty or tax) military duty, and other services. Therefore. How do you want to hold title if you are married? pg 1267). Board of Trustees of University of Illinois v Barret, 46 N.E. they held legal title. 9. LANDI: John Martin apparently squared off or surveyed a plat of land, a public layer, that did not belong to a private owner. Ask for the Land Patent Brief by S. J. Stewart. (Black's Law Dictionary, 5th Ed.,'pg. 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. This is the right of the US or state governments to take private land for public use. in Section 4, provided that "no lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debts contracted prior to the issuing of the land patent.". [87]. No claims could be made after the issuance date of the patent. The manors and lands which had been surveyed for the proprietaries were excepted, and a pecuniary compensation to them was provided. 2d 219, 30 Ill. App. A patent for land is the highest evidence of title and is conclusive as against the government and all claiming under junior patents or titles. Section 10. Jur, 2d is the starting point to find the case law on treaties as they pertain to decisions in the states. The notification that a Patent existed before the transfer shall be sufficient for the charges stated. Also qualified in Florida Personal Injury, Immigration, and Commercial Litigation Attorneys in South Florida. Additionally, this type of operation must be recorded for purchase and sale, clarification, merger, division, partition, notary responsibility for the registration and more. 3. A set of universal, inherent, objective, non-man-made, eternal and immutable conditions which govern the consequences of behaviours of beings with the capacity for understanding the difference between harmful and non-harmful behavior. [61]. Now, if the state was not paramount lord of the lots which Arrison possessed, how could he become the lord of his grantee? But there may also be a distinction in the form or type of payment that you made in and for the land. [154]. I Sec. Winds E at 10 to 15 mph.. Cloudy. You have permission to edit this article. Despite sounding similar, community property and community property with right of survivorship in California have very different implications. Cassidy v Aroostook, 134 Me. Apart from land that was formally owned at the time of the Revolutionary War, most American landholders can trace their title back to grants by the federal or state governments of land obtained by purchase (Louisiana Purchase, Florida, Alaska), treaty (the Ohio Valley, New Mexico, Arizona, and California), or annexation (Texas, Hawaii). If the bank subsequently attempts to foreclose, the farmer, who has done his homework properly should win. 10, Constitution for the United States of America). But the most important question is: "is property tax indicia (evidence) of true ownership"? 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. The basis of English land law is the ownership of the realty by the sovereign and from the crown all titles flow. While the Cession of Texas is a treaty, it was annexed as a House Joint Resolution (HJR) and it should be reasonably certain that its inhabitants had the same protection as those given under treaty law. Allodial is not the same as fee simple title. Until the 18th century, almost all common law property ownership depended on proving a link of possession from a royal grant of title to the property owner. LANDI: There is nothing arcane or esoteric about federal land patents, treaty law and the law of nations. Within the State of Oregon, there was more than a lot of talk about a sales tax, which would accordingly lower property taxes. Everything on appeal is done in writing, as there are no oral arguments allowed. However, proving ownership in absence of the documents was an impossibility, andforgeriesof crown grants were common and difficult to detect. Our question, then, narrows itself down to this: is fealty an part of our land tenures? The Louisiana Purchase goes from the Mississippi River and covers your Midwest states. This would be to reverse the maxim, in idium spoliatofis, omniapraesumuntur. The Treaty of Paris (1783), which ended formal hostilities and recognized American independence, also had the effect of ending any residual rights held by the original grantees or the Crown. They will not insure anything. [Id. The classic scenario is when a single person or entity purchases the property alone. An estate held by absolute ownership, with out recognizing any superior to whom any duty is due on account there of". These cases illustrate the power and dignity given to the patent. (16) Chickering v Failes, 26 Ill. 508, 519 (1861). In order to own the property Allodial, you must make a Bill of Conveyance to contract with the seller of the property, get the property surveyed, do a Title search, and file those documents with the Recorder in the Judicial Circuit or District in which the property is located. All lands purchased from the United States as private land claims were paid for in gold and silver coin, after which a federal land patent was confirmed and issued to the private claimant. 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. United States v Stone, 2 Us 525. LANDI: It pertains to the pecking order or authority. This leaves us with a predicament as to whether or not our current birth registration is a lawful one. County recorders and Bureau of Land Management offices have been When you "buy" property today, you do not buy the property, you buy a lease from the County? Some states created a form of allodial title while others retained the tenurial system with the state as the new ultimate landholder. There is no specific reference to allodial title in the text of the treaty. Winds SSE at 5 to 10 mph. BC 1701. When something is modified new "seats" will arise. Once a Declaration of Land Patent is in place and duly recorded it cannot be removed. Included, in this in a "Warranty Deed" and "Sheriff's Deed". You would then own your land free and clear, fee simple. I will, at present, content myself with an effort, merely, to shield the present settlers upon public lands from merciless speculators, whose cupidity and avarice would unquestionably be tempted by the improvements which those settlers have made with the sweat of their brows, and to which they, have been encouraged by the conduct of the government itself; for though they might be considered as embraced by the letter of the law which provides against intrusion [135] on public lands, yet, that their case has not been considered by the Government as within the mischiefs intended to be prevented is manifest, not only from the forbearance to enforce the law, but from the positive rewards which others, in their situation, have received, by the several laws which have heretofore been granted to them by the same right of preemption which I now wish extended to the present settlers. The Patent alone passes land from the United States to the grantee and nothing passes a perfect title to land but a (WILCOX v JACKSON, 43 Peter (U.S.) 498, 10 L Ed. retired military officer and former candidate for U.S. president, Those are the three pieces of paper. 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. This website is for general information purposes only and is not intended to constitute legal advice. It was assumed by many, before the Revolution, that England rightfully "owned" America. 1. It could then be said, that you held your land in "PARAMOUNT", as in holding paramount title. It is noteworthy that all lands under this treaty, purchased by private individuals from the United States, were paid for in gold and silver coin, after which a federal land patent was confirmed and issued to the private claimant. And it finally came to a terminal point because the land values have dropped. 2d 708. In the September edition of the "Center for Action'' newsletter I'm doing the historical research on the federal patents in California. if the property in question belongs to a trust? 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. By definition, the word perpetuity means: Continuing forever. She enjoys her role as a researcher because it keeps her in touch with the real scholarship of the profession. The Louisiana Purchase, of course, was the Treaty with France. (join the Trust wherein "US" are the trustees). Gold and Silver coins are value, [94] if coined by Congress at the U.S. Mint. 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. general specializing in tax matters. What can this man do? [192], *****************************************************************************, UNITED STATES DEPARTMENT OF THE INTERIOR REGIONAL OFFICES. If such cannot be proven to the contrary, then ownership of the land is assumed to have passed to the occupier of the land. If some land remained unoccupied, Jefferson said that anyone occupying it has, by possession, the right [117] of ownership.
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