.

Do you own your Land? Land Patent

theJohnDillytheJohnDilly Member Posts: 10 ✭✭
The foundation of this nation was real property ownership. That's why the settlers came here. To insure private ownership of land, the nation's founding fathers made it unlawful for government to own land except for the ten square miles of Washington D.C., and such as may be needed for erection of Forts, Magazines, Arsenals, dockyards, and other needful buildings. (The Constitution)

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When an American fulfills the requirements to obtain a "Land Patent" the patent is assigned by and under the hand and seal of the President of the United States, in accord with an Act of Congress.

Fictitious entities, like trusts, corporations, etc. cannot obtain land patents except by express act of Congress. An example of Congress granting land through patents to fictitious entities is the railroad grants made to compensate the railroad companies for building railroads across America.

The Land Patent is the only form of perfect title to land available in the United States. Wilcox v. Jackson, 38 PET (U.S.) 498; 10 L.Ed. 264

In America today people think they own their land, but unless they have the Land Patent on the land they do not own it. Most people today obtain "Real Estate" by contract and then on fulfillment of the contract they transfer control of land by "Warranty Deed".

The "Warranty Deed" is merely a "color of title". Color of Title means: "That which is a semblance or appearance of title, but not title in fact or in law." Howth v. Farrar, C.C.A. Tex.; 94 F.2d 654, 658; McCoy v. Lowrie, 42 Wash. 2d 24, Black's Law Sixth Ed.

The Warranty Deed cannot stand against the Land Patent. "A grant of land (Land Patent) is a public law standing on the statue books of the State, and is notice to every subsequent purchaser under any conflicting sale made afterward." Wineman v. Gastrell, 53 FED 697 , 2 U.S. App. 581

The Land Patent is permanent and cannot be changed by the government after its issuance. "Where the United States has parted with title by a patent legally issued and upon surveys made by itself and approved by the proper department, the title so granted cannot be impaired by any subsequent survey made by the government for its own purposes." Cage v. Danks, 13 La.Ann 128

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In the history of this county no Land Patent has ever lost an appellate review in the courts. As a matter of fact in Summa Corp. v California, 466 US 198 the Supreme Court ruled forever that the Land Patent would always win over any other form of title. In that case the land in question was tidewater land and California's claim was based on California's constitutional right to all tidewater lands. The patent stood supreme even against California's Constitution.

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Land cannot be taken for debt or taxes, but Real Estate can be.

What is Land? By definition: "'Land' is not restricted to the earth's surface, but extends below and above the surface. Nor is it confined to solids, but may encompass within its bounds such things as gases and liquids. A definition of 'land' along the lines of 'a mass of physical matter occupying a space' also is not sufficient, for an owner of land may remove part or all of that physical matter, as by digging it up and carrying away the soil, but would nevertheless retain as part of his 'land' the space that remains. Ultimately . 'land' is simply an area of three dimensional space, its position being defined by natural or imaginary points located by reference to the earth's surface. 'Land' is not the fixed contents of that space, although, as we shall see, the owner of that space may well own those fixed contents. Land is immovable, as distinct from chattels, which are moveable; it is also, in its legal significance, indestructible. The contents of the space may be physically severed, destroyed or consumed, but the space itself, and so the 'land', remains immutable." Peter Butt, Land Law 9 (2nd ed. 1988) Reprinted in Black's Law Dictionary, Seventh Edition

What is Real Estate? It's a document that lays over the land in color of title; though it is not the Land itself, it may include with it the right to real property that sits upon the Land. Banks and corporations like Real Estate because they can own it without an Act of Congress. They and others can use the fiction of title to it to seize property under the color of law.

They've taken their colors of title into the courts for so long that the people (under three generations of deception and ignorance) simply allow them to go ahead. Generally, people seem to have forgotten about land patents.

For that cause when you go into a court today with a real land title case (a Land Patent case) chances are the judge and any attorneys involved won't know what a Land Patent is.

The first court you run into that understands the power of a Land Patent may be a U.S. Circuit court of Appeals, and in the history of this nation there has never been an appellate case where a properly set Land Patent has ever lost its title to the Land.

If you ever have the occasion to have to defend your right to your land in court. And someone else presents a proof of right to the land patent on your land, you'll lose your land.

If you haven't secured your right to your land by its land patent, you may be abandoning your right to your land and any prior owner with lawful right to the land patent could secure it to themselves and evict you off from the land you thought was yours, and you'll have to leave.

So contact us and get your land patent secured. It's important.

Now, let's suppose you have your Land Patent properly secured and for some reason you have to defend your right to the land. What do you do?

If you understand the patent and how it works you'll defend it successfully.

So again, here's how it works:

The Land came to the nation by treaty or war prize. The government only had limited ability to own land, as before mentioned, and all of the remainder of the land was held in the sole disposition of the United States until it was granted under act of Congress by the hand and seal of the President to some person. Then in that same act the President makes the Grant Patent. Which means that the Land came to the nation by treaty and the patent assigns a specific part of that treaty to you and your heirs and assigns forever.

So your land comes to you from the treaty through your Land Patent. This is critical, the Land Patent secures the treaty to you. The court is bound by the supremacy clause of the Constitution to uphold the treaty making your Patent a statutory limitation throughout the land. Wineman v. Gastrell, 53 FED 697 , 2 U.S. App. 581.

If you ever have to defend your right to the Patent here's how. Get a full abstract on your land. The Abstract will show the assignment on the land and patent from the patent to you. Each record of the Abstract is a matter of public record, well established over time. If your right to the land was well secured (with a properly secured Warranty Deed) and you have properly accepted and secured the Land Patent to that Land (Team Law's documentation has worked over 60 years), you'll win, if you're prepared.
...

WARN Vol. 1 Issue 1a July 4, 1997 p. 13

Comments

  • wpagewpage Member Posts: 10,190 ✭✭✭
    edited November -1
    Interesting. Title insurance is what covers this in my neck of the woods.
  • spasmcreekspasmcreek Member Posts: 38,925
    edited November -1
    ah well....as long as someone else can force taxes in whatever amount they want on land and sieze that land if you are delinquient or default...you never really own/control that land...end of discussion...include eminent domain, right of way, easement , blighted, acquiescence, adverse possession and a few hundred other terms to rip one off
  • wpagewpage Member Posts: 10,190 ✭✭✭
    edited November -1
    Spasmcreek, that is a point if you do not pay your property taxes you will be sold off at a tax sale.

    Title insurance only assures clear priors on property for buyers.
  • joshmb1982joshmb1982 Member Posts: 8,929
    edited November -1
    as long as theres a property tax you dont own squat. we all pay a yearly rent.[V]
  • pickenuppickenup Member, Moderator Posts: 22,343 ******
    edited November -1
    quote:Originally posted by joshmb1982
    as long as theres a property tax you dont own squat. we all pay the EXTORTION FEES.[V]

    Fixed it for you. [:D]
  • joshmb1982joshmb1982 Member Posts: 8,929
    edited November -1
    quote:Originally posted by pickenup
    quote:Originally posted by joshmb1982
    as long as theres a property tax you dont own squat. we all pay the EXTORTION FEES.[V]

    Fixed it for you. [:D]


    yea but extortion is illegal. for you end me anyway. don't steal, the government hates competition.
  • theJohnDillytheJohnDilly Member Posts: 10 ✭✭
    edited November -1
    quote:Originally posted by spasmcreek
    ah well....as long as someone else can force taxes in whatever amount they want on land and sieze that land if you are delinquient or default...you never really own/control that land...end of discussion...include eminent domain, right of way, easement , blighted, acquiescence, adverse possession and a few hundred other terms to rip one off


    The thing is no one forces you to pay property taxes, we contract to do it when we register to vote. Bet you didn't know that. Ever wonder what an elector is? It is a land owner, and the only way to own land in the United States of America is Land Patent. If you have a land patent no one can kick you off of it for any reason period. Including:

    "...eminent domain, right of way, easement , blighted, acquiescence, adverse possession" and anything else you can think of. Look it up in the Supreme Court Records.

    Look up the Original Jurisdiction Governor of Colorado I bet you didn't know that what we call government is actually a privately owned foreign corporation, and that there hasn't been a president of the United States of America since the 1940's. It all starts to make sense when you put the pieces together.
  • jpwolfjpwolf Member Posts: 9,164
    edited November -1
    quote:Originally posted by theJohnDilly
    quote:Originally posted by spasmcreek
    ah well....as long as someone else can force taxes in whatever amount they want on land and sieze that land if you are delinquient or default...you never really own/control that land...end of discussion...include eminent domain, right of way, easement , blighted, acquiescence, adverse possession and a few hundred other terms to rip one off


    The thing is no one forces you to pay property taxes, we contract to do it when we register to vote. Bet you didn't know that. Ever wonder what an elector is? It is a land owner, and the only way to own land in the United States of America is Land Patent. If you have a land patent no one can kick you off of it for any reason period. Including:

    "...eminent domain, right of way, easement , blighted, acquiescence, adverse possession" and anything else you can think of. Look it up in the Supreme Court Records.

    Look up the Original Jurisdiction Governor of Colorado I bet you didn't know that what we call government is actually a privately owned foreign corporation, and that there hasn't been a president of the United States of America since the 1940's. It all starts to make sense when you put the pieces together.
    You have piqued my curiosity JohnDilly. Please keep posting these ideas for our scrutiny.
  • joshmb1982joshmb1982 Member Posts: 8,929
    edited November -1
    quote:Originally posted by theJohnDilly
    quote:Originally posted by spasmcreek
    ah well....as long as someone else can force taxes in whatever amount they want on land and sieze that land if you are delinquient or default...you never really own/control that land...end of discussion...include eminent domain, right of way, easement , blighted, acquiescence, adverse possession and a few hundred other terms to rip one off


    The thing is no one forces you to pay property taxes, we contract to do it when we register to vote. Bet you didn't know that. Ever wonder what an elector is? It is a land owner, and the only way to own land in the United States of America is Land Patent. If you have a land patent no one can kick you off of it for any reason period. Including:

    "...eminent domain, right of way, easement , blighted, acquiescence, adverse possession" and anything else you can think of. Look it up in the Supreme Court Records.

    Look up the Original Jurisdiction Governor of Colorado I bet you didn't know that what we call government is actually a privately owned foreign corporation, and that there hasn't been a president of the United States of America since the 1940's. It all starts to make sense when you put the pieces together.


    "Besides patent, other terms for the certificate that grants such rights include first-title deed and final certificate"

    This is just another word for a deed?? Any land owner has a deed to their property and thats never stopped big brother from stealing the land.

    What it looked like in the little I read was that these "land patents" all date back to the founding of the country ( at least here on the east coast). How would one get on of these in this day and age?

    Edit #2 Isn't this basically the same as an Indian reservation then?
  • theJohnDillytheJohnDilly Member Posts: 10 ✭✭
    edited November -1
    This will help clear up some questions:

    Land Patents
    Understanding how they work

    There has been much talked about in relation to Land Patents lately. As far as most of that talk goes I am glad people are talking about them - It is about time. The problem with patents is the people are typically ignorant of them and of their effect.

    Some say, "The only bad news is no news."

    It seems that most of the people in our nation today either have no idea what a Land Patent is, or they think it's a good way to swindle, or otherwise avoid paying, a bank or tax collector some amount of funds. The simple truth is, a land patent does not eliminate your ability to otherwise contract and secure the property that sits upon the land to others as collateral against your promise to pay. People also think they own their land because they paid for it and they have a Warranty Deed-However, often that is not enough.

    Though it is true, "Land, protected by Land Patent, can't lawfully be seized for debt or taxes", you must understand what `Land' is before you will understand this rule of law correctly. Accordingly, in law, no forced mortgage or tax liability can stand against a Land Patent; but, by the same token, the land patent does not eliminate your private ability to contract. Further, knowingly entering into an agreement with the intent of not fulfilling said agreement constitutes fraud; not to mention, the honor bound moral responsibility that limits people from hiding from their agreements or obligations by any means. An honorable person simply will not do it.

    Furthermore, hiding from nearly any kind of situation is likely not the best way to go and Team Law can likely help you discover far better ways to solve any legal problem equitably - call us.

    Historically, we live in a nation that has not had elections in its central government since before 1944. The States individually stopped electing government officials at least by 1968. The main cause of that was electors were either ignorant of their responsibilities or part of the national takeover. The main cause of that was the people forgot about their abstracts and Land Patents and accepted Title Insurance instead. (An abstract is a document that contains all of the transfer documents used to assign Title to Land from the Patent to the present.)

    Some ignorant people will tell you, "land patents don't work." What that means is they don't know how land ownership works. They speak from their ignorance.

    For those who have tried land patents unsuccessfully, the cause of their lack of success is - ignorance. It's time to put that ignorance to rest.

    Think about it.

    Where did the land within the United States of America come from?
    It came from: England, France, Spain, Mexico, Russia, Hawaii, and from the Native American Indians.

    How did the United States acquire the land?
    By purchase like with Manhattan Island, the Louisiana Purchase, and Alaska;
    By war power like with, Hawaii and much of the Native American Indian lands;
    By Treaty like, The Northwest Territories Treaty, The Guadeloupe Hidalgo Treaty; and
    By treaty as the end result of war like the Revolutionary War for independence from England.

    The end result - regardless of how the land was acquired - a Treaty was ultimately designed whereby the land was resolved and reserved for the proper possession and individual ownership of the people of the United States of America. Security in land rights was, and is, found within the Treaty.

    Once land was acquired in the nation it was held by the United States until someone proved their claim to it. Once the land was properly claimed and filed, the General Land Office certified that the surveys were paid for. According to the various land acts of Congress, the land was then made patent under the signature and seal of the President of the United States of America.

    When a State enters the Union of the United States of America, an Enabling Act is agreed to. The Enabling Act requires that all of the unappropriated (unpatented) lands be forever granted to the Union for its disposition. For example, here is an "irrevocable ordinance" from Colorado's Enabling Act:

    "That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States".

    Without such transfer of control over the right and title to the land, there would be no effective authority in
    a land patent sealed under the signature of the President. For example, with few exceptions, U. S. of A. land patents have no authority in the Republic of Texas because Texas never ceded its lands to the United States. Once the land is placed in trust under the sole disposition of the United States government it stands there until someone makes a proper claim for it and because the Constitution forbids the United States from owning it, they must grant it to the person that proves their proper claim to it; that is when the land is granted to the proper claimant and that grant is made patent under the hand and seal of the President.

    Notice the net effect of these Enabling Acts in relation to state taxes and state statutes:

    `After exclusive jurisdiction over lands within a State have been ceded to the United States, private property located thereon is not subject to taxation by the State, nor can state statutes enacted subsequent to the transfer have any operation therein.' Surplus Trading Company v. Cook, 281 U.S. 647; Western Union Telegraph Co. v. Chiles, 214 U.S. 274; Arlington Hotel v. Fant, 278 U.S. 439; Pacific Coast Dairy v. Department of Agriculture, 318 U.S. 285

    Every State within the Union of States (with the exception of the Republic of Texas) granted their unappropriated lands to the United States as a condition of statehood. Then as people acquired land, under various acts of Congress the President signed the patents securing the patented rights to the patent holders and their heirs and assigns forever.

    There are many more cases where the United States Supreme Court has supported the fact that the Land Patent certifies absolute and supreme title to land. There are no cases where the courts ever ruled against the properly obtained Land Patent.

    Summa Corp. v California, 466 US 198, is not listed above, yet it is one of the best cases describing how land patents work. In that 1980's case the court noted that they had ruled and ruled and ruled and they were not going to rule again, the Land Patent is supreme title to land. The case was one where California was granted the tidewater lands in the California Republic Constitution and therefore California went after a family's land, which land was secured under patent on an old Spanish Land Grant. Interestingly, the case doesn't talk much about land patents; it talks about the Guadeloupe Hidalgo Treaty. Imagine that, a land patent case that speaks mostly about the supremacy clause of the Constitution, which clause states that Treaties are supreme law even over a State's foundational Constitution.

    Don't you get it? Here's how land patents work:

    1. The Land was originally acquired within the United States of America by some Treaty.
    2. Your Land Patent secures the rights of the Treaty upon which the land was originally acquired within the territories of the United States from the Treaty to the individual person named on the patent.
    3. The patent specifically grants the described lands to the party named on the patent and to their heirs and their assigns forever.
    4. The party named on the patent then passes the inheritance, grants, or assigns the patented lands to someone else, which heir or assignee is now named on the patent by that assignment. The documents that demonstrate such an assignment are often called, "Deeds".
    5. Because the granter can not compel you to accept the assignment it is necessary for you to take some action to signify your acceptance of the assignment. For this reason we use Team Law's copyrighted "Declaration of Land Patent".
    6. Once you have accepted the proper assignment of the Land Patent with proper documentation, you are named on the physical Land Patent where it says, "and to his heir and assigns forever".

    It doesn't matter how many times the land is reassigned. The patent by its own creation lasts "forever" and belongs to the named party "and to their heirs and assigns forever".

    So what do you do now to secure your Land Patent?
    Follow the instructions presented on the following, "Steps to secure a Land Patent".

    The most important use of your Land Patent

    Our opinion is: "In America today, the most important reason to secure your land patent in your name is to secure your status as an Elector. An Elector is a land owning freeman. Only electors can vote for State Senators, Governors and Presidents of the United States of America. When the Government vacated its responsibility to dispensation of the land by not maintaining elected Presidents and Governors the elector's responsibility to reelect those officials becomes critical. Do to the nature of land ownership in America, such elections can only be caused by electors. If we don't reseat our state and national governments we will lose our nation to IMF's New World Order. If we do reseat our governments we will have a chance to save our nation and our Constitution. This year Governor's Elections are taking place in: New Jersey, Virginia. If you elect an original jurisdiction State Governor this year, they can reseat their national Senators and those original jurisdiction Senators will have the authority to reseat our nation's original jurisdiction President. The entire world is watching us; and, most of the world wants Liberty.

    We're working to take our nation back! To learn more visit the
    Governor's Corner
  • wpagewpage Member Posts: 10,190 ✭✭✭
    edited November -1
    Checked out your link...
    http://teamlaw.net/Government/usmap.htm

    Not seeing any real advantage. You still have to pay.
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