allodial title california allodial title california

They brought in the Chief of Records, as a witness, to testify that the document was true, and certified, and was absolutely correct. 263, where he says, "In pleading a grant the allegation is that the party at such time did grant, but if by accident the deed be lost, there are authorities enough to show-that other proof may be admitted; the question in that case is whether the parties did grant? Joint tenancy with right of survivorship is a California title-vesting option that can be used by any two or more people, regardless of whether they are in a marriage or domestic partnership. This was the oath of fealty which was, according to Sir Martin Wright, the essential feudal bond so necessary to the very notion of a feud. A Declaration of Homestead should be filed whether or not you file a Land Patent. None of these three by itself can act to completely convey possession of the land from one person to another. NO DNR. A Declaration of Homestead can only be filed on property that you actually live on. (emphasis added) Later on, in 1862, a Homestead Act stated in Section 4: "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 patent therefor". [Marshall v Ladd, 7 Wall. (Art. This may be where your duty or fee comes from in the form of your property tax. Land was usually sold in parcels of 160 acres for $1.25 per acre. Why are you led to believe that you own the land? And, on those grounds, the bank has given the farmer a loan. Jurisdiction by any state court is invaded, and since federal [159] land patents cannot be collaterally attacked as to their validity or authenticity as highest evidence of title, no mortgage institution can claim title to land its "lien." When you own property Feudally, you do not really own it, but are only renting it, and the owner has control of the use of the property. However, the sheriff's counsel advised him to go ahead with the Sheriff's Sale anyway. Beadle v Smyser, 209 US 393. This is a point to keep in mind regarding "loans of credit" by financial institutions in violation of Article I Section 10, * 31 USC 463 (a). 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. If such cannot be proven to the contrary, then ownership of the land is assumed to have passed to the occupier of the land. In order to get the right answer(s), one must ask the right questions, like: Are property taxes necessary'? The lawyers pay the woman off; sometimes uniformed guards accompany her to the elevators.Lewis H. Lapham (b. The Constitution and the government formed under it were declared in effect on the first Wednesday of March, 1789. What is allodial title? The filing of a Declaration of Land Patent shall present to the holder all of the rights and privileges forever. 21. pg. It occurs when real property (i.e. ACRES U.S.A.: And so people who filing and getting certified patents and registering them in the court house are doing something that is proper, for now, pending disposition of this whole matter. However, we do not know for certain that the existing procedures will vest in us the same rights and immunities by filing a DECLARATION OF LAND PATENT, and updating it in your name. [Id. Because the laws were passed by Congress setting up Land Offices to grant land patents, the best jurisdiction in which to raise these issues are the Federal Courts. An inheritable right to the use and occupation of lands, held on condition of rendering services to the lord or proprietor, who himself retains the property in the lands. ACRES U.S. A.: And what does the patent mean? In this case, the owner will have an absolute title over his or her property. Rent belongs to this category, and is implied by Lord Coke's "etc.," and is indeed the most perfect illustration of an incorporeal hereditament, for it issues directly out of the thing corporate, without being any part of it. A Declaration of Land Patent being the highest Title at Law is superior to any other type of deed. 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. The Act of 1851 stated that anyone who was establishing a claim had to have it confirmed by the United States Land Commission. Sovereignty and its Relationship to Natural Law Is. Although in Dartmouth College v. Woodward the United States Supreme Court rebuffed New Hampshire's attempt to convert Dartmouth College from a private college into a public university, the Court decided this based on the Constitution prohibiting states from impairing the obligations of the contract that created the private corporation that owned the land, and not based on any principle that the land was somehow immune from state control. But then came the Revolution, which threw off the dominion of the mother country, and established the independent sovereignty of the state (the people), and on the 27th day of November 1779 (I Smith's Laws 480), an act was passed for vesting the estates of the late proprietaries of Pennsylvanian in the Commonwealth. The presumption being that it (patent) is valid and passes the legal title. (1) Wright v Mattison, 18 How. In a Sheriff s Sale, which took place last August, Mr. Deardorff and and a witness went to the Sheriffs Sale and met with the sheriff. Since federal land patents cannot be collaterally attacked as to their validity or authenticity as the highest evidence of title, no mortgage institution can claim title to land by its "lien." What does 'ownership' really mean? Make photocopies of both before using them or you may retype your own. However, the individual still continues to enjoy all benefits/privileges provided by the STATE for his/her benefit under the provisions of the cLPT (and the rules of private necessity). Sovereignty Certification is the simple sight and/or visual recognition act of ones humanity by the Exchangor/Grantor of the cLPT, one of the two participants in the fidelity ceremony. . [B] (29). An estate held by absolute ownership, with out recognizing any superior to whom any duty is due on account there of". I attribute that to, my background information as, being an Assistant Deputy Tax Collector. TheTreaty 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 orthe Crown. Giving a note does not constitute payment. There are different types of deeds available in California to serve a variety of needs; the type of property deed that is ultimately used will depend upon the nature of the transfer being carried out. (Black's Law Dictionary, 5th Ed.,'pg. Hence, that southernmost portion is, in actual fact included in the Treaty of Guadalupe Hidalgo. Make sure that you retain ALL rights to the property on the Bill of Conveyance. Moreover, understatutes of limitation, only documents that had been filed in the past 40 years had to be consulted to determine the chain of ownership. 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. 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. Remember, you are an Assignee to that original patent, and your claim is valid. Maybe then your not really an owner, in the true sense of the word. But the statute of quia emptores was never in force in Pennsylvania, Ingersoll v Sergeant, 1 Wh. The trial court ruled in favor of the city and State, finding the lagoon was subject to the claimed public easement. Some states within the US (notably Nevada and Texas) have provisions for considering land allodial under state law, but such land remains rare. A. Winds SSE at 5 to 10 mph. THE PATENT IS THE HIGHEST EVIDENCE OF TITLE AND IS CONCLUSIVE OF OWNERSHIP OF LAND IN COURTS OF COMPETENT JURISDICTION. The Declaration of Land Patent is the Highest and Best Title at Law. It could almost he a simple thing, such as a will. Thomas Jefferson wrote: "If the American people ever allow the banks to control issuance of their currency, first by inflation and then by deflation, the banks and corporations that grow up around them will deprive the people of all property until their children will wake up homeless on the continent their fathers occupied." When the ownership of real property is being transferred from one person or entity to another, a deed is generally recorded with the County Recorder to memorialize the transfer of ownership. ACRES U.S.A.: Earlier, you said every inch of land was acquired by treaty and falls under land patent. (67 U.S.) 765 (1865)], The patent is the instrument which, under the laws of Congress, passes title from the United States and the patent when regular on its face, is conclusive evidence of tide in the patentee. 105 (1903). The lead case for the Louisiana Purchase States is American Insurance Company v Canter [(I 828) 1 Pet (26 U.S. 51 11 in which Justice Marshall held the power to make treaties is an absolute power of the United States [158] government and from that power arises the right to govern it, i.e., treaty law is superior to any state and is the supreme law of the land. 21-, Shaw, INTERVIEW: CAROL LANDI ON LAND PATENTS AND TREATY LAW. It's really a no win situation. *To abide by, adhere to, decides cases. [91], This same point and principle applies to your automobile, you think you own it, but the State compels you to 'Drivers License, Registration, and Insurance, because the State holds the true title to your car, you merely carry a 'Certificate of Title', certifying that a true title exists. 425 (1879). 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. What is tenants in common with right of survivorship? 8, Cl. McCarthy v Greenlawn Cem., 158 Me. Rent-service, then, was an essential element of the feudal tenure. Therefore, if I were the new buyer, I would tell IRS, I want my money back for fraud for not telling me that there was a federal land patent on the land, that I can't fight to get off my land. Jur. LANDI: It pertains to the pecking order or authority. By perfecting a federal land patent, a free sovereign should now be in a position to go on the offense. 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.. The main benefit is that a certified sovereign now has the right of enjoyment of all STATE provided benefits/privileges without being subject to statutory obligations and banking rules. However, simply because two people are married does not necessarily mean that they own property as Community Property. If he had understood the facts and the applicable law, as it applies to those facts, he could have used the law to extricate himself from such an intolerable situation, in lieu of having the law used against him. The Administration (government) holds this land as TRUSTEE for the people! Even as to the lands held by the proprietaries themselves, they held them as other citizens held, under the Commonwealth, and that by a title purely allodial. After the Declaration of Independence and the "REVOLUTION', the land was to be held by everyone (landowners) in/by Allodial Tils, which simply means there is no superior or "overlord" to or over the landowner. Consider and understand that, your government(?) ), If you PAY for it in Gold Coin, and on a Bill of Conveyance, do your Title search, and survey, file those three documents with the clerk of Circuit Court and the county recorders office, then you own allodial property and the county cannot tax it, make you get any permits, take it from you, or. Every protection a farmer needs is in that treaty and the judge knows that the by [173] Supreme Law of the Land, he cannot touch or have any jurisdiction over it. THE DISTRICT OF COLUMBIA AND IT'S REGIONAL STATE WANTS TO BE YOUR GOD, BUT YOU CANNOT BE A U.S. CITIZEN (under the U.S. Code and statutes passed by Congress and the regional State legislators) and an American (under the Constitution and Gods Laws) at the same time. general specializing in tax matters. When you "buy" property today, you do not buy the property, you buy a lease from the County? 44, 650 (1917). The classic scenario is when a single person or entity purchases the property alone. This was accomplished by allowing the same taxing agencies to act as administrating agents for this newly formed trust. How does this affect your land purchase'? This afternoon newsletter keeps readers informed on the latest developments related to coronavirus. The Sheriff sale had been held. [BI (3). 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. [Wallace v Hanmtad, 44 Pa. 492, (1863)). The intent of Congress is manifest in the determinations of meaning, force, and vested in the patent. Clause 1. See also Article 6, Sec.2 of the U.S. Constitution. derive. PROPERTY OWNERS RECEIVE DEEDS TO ANGELS LAND. 407. Article 1, Section 8, Cl. The drivers license was only designed to regulate "Driving for Hire" and not to regulate the right to travel. (see Art. The only authority responsible to the holder of a Declaration of Land Patent is the United States Government. 9. In other statutes, the Supreme Court recognized much of these same ideas. Step by step. With regard to real property, for a person to hold title, they generally must be the recipient of a physical document known as a deed, which states that the subject real property is being conveyed to them. i.e., between private and public. I feel that every property owner should have a copy of "Blacks Law Dictionary". Boundaries: These are coordinates to a certain property or area. 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!!! had filed a DECLARATION OF LAND PATENT with a certified copy of the original patent. Shall he or his alienee be permitted to go into secondary evidence? The statute of quia emptores destroyed subinfeudation in England. Subinfeudation was what the statute destroyed, and it destroyed it by vesting the reversion in the ultimate signory. still today the highest evidence of title and have never been refuted by any court of competent jurisdiction. A distinction therefore has to be made between what is private-(Uniform Commercial code [UCc], or common law) and what is public-(legislative, or admiralty law), as we shall clarify and qualify further ahead. However, in reality, previous grants prior to those territories becoming U.S. possessions were recognized. Courts will resist it, or be confused by it. Press the space key then arrow keys to make a selection. D. Title insurance cannot be obtained for this property. YOU ARE AN ASSIGNS to all allodial title or freehold. ACRES U. S. A.: And this brings us to the Treaty of Guadulupe Hidalgo, 1848. This act, after reciting in four sections the rights and duties of a sovereign state, proceeded in sec. Jur. There must he strict compliance with statutory requirements to divest property owners of their property titles for non payment of taxes. Her patents all acknowledge a pecuniary consideration, and they stipulate for no fealty, no escheat, rent-service, or other feudal incident. However, neither these or any other method is recognised by U.S. courts, and attempts to improperly assert an allodial title in U.S. courts may be classified as a "frivolous claim". [Baldwin v Ratcliff, 125 Ill. 376, 383 (1888).]. Barker v Blake, 36 Me. 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. 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? I Sect. 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. The fealty was inseparably incident to the reversion, and therefore never could be lost to the ultimate lord. Partnership property can be held in the name of the partnership itself, or an individual. In the September edition of the "Center for Action'' newsletter Based on the information above, what is the ideal way to hold title in California? LANDI: After recording the land patent, the important thing is to know the law of the treaty that covers your state. You must also know the difference between paying and discharging a debt. (29) Close v Stuyvesant, 132 lit. 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'? (12) Peck v Janness, 7 How. Part Ill: LAND Patents - Why They Were Created. To do this, there's a price to be paid, and it is; Tum off the boob tube, put the beer down, read the Constitution, study the points raised herein, write some demanding, letters to your public servants, get together in your local and MAKE it happen. After the French Revolution allodial title became the norm in France and othercivil lawcountries that were underNapoleoniclegal influences. 437, 9th Cong., Sess. TO LET YOU KNOW HOW SERIOUS THE FEDERAL GOVERNMENT IS TAKING THESE DECLARATIONS OF LAND PATENTS, Don Walker has recently stated: "That in Illinois, he personally knows of a farmer who applied for a $500,000 loan and was told by the Federal Land Bank that it would be granted if he removed his Declaration of Land Patent. [99]. (Black's Law Dictionary, 5th Ed., pg.70)(Emphasis added). The legal definition of Paramount is as follows: Paramount Title: "In the law of real property -- one which is superior to the title with which it is compared, it is used to denote a title which is better or stronger dm another .. (Black's Law, 4 Ed. 322 Ill. App. 34, (1807); and 2 stat. 26. Accordingly, a partners interest in the partnership real property is directly tied to the partners interest in the partnership. Allodial titles are very rare in the United States because most states have adopted the Torrens system of title registration. Sorry, you can't do that. The reply could have been that the rent-service depended on no formal reservation, but that it resulted by inherent necessity out of the tenure, and that distress was its inseparable incident. 20. Unlike a grant deed, a quitclaim deed makes no warranties regarding the grantors legal interest in the property. When, therefore, that government itself seeks to trench on such constitutionally protected and "inalienable rights", of its own people, its conduct must be closely scrutinized and its reach carefully measured by the rule of law." We will force up waies-which however will be of no benefit to the workers, for we will at the same time cause a rise in the prices of 12rime necessities, pretending that this is due to the decline of agriculture and cattle raising. That THE TRUE SITUATION SHALL NOT BE NOTICED PREMATURELY, (before recognition of the Anti-Christ), WE WILL MASK IT, BE A PRETENDED EFFORT TO SERVE THE WORKING CLASS AND PROMOTE GREAT ECONOMIC PRINCIPLES, FOR WHICH AN ACTIVE PROPAGANDA WILL BE CARRIED ON THROUGH OUR ECONOMIC THEORIES.[A]. Criminal Trespass Charges, Civil Charges and Charges for Fraud should be included in your Statement of Charges. [187], PROCEDURE TO FOLLOW IN THE ENFORCEMENT OF A UNITED 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! becoming a state citizen, obtaining a certified copy of the Historically, it was distinguished as property held absolutely and not subject to a feudal relationship. When Congress, in 1933, suspended the gold standard (Art. InEngland, there is no allodial land, all land being held of the Crown; in the United States, all land is subject to eminent domain by the federal government, and there is thus no true allodial land. When the people put enough pressure on the King, the King conveyed the land to the people in what is known as Allodial title, or true ownership. Is it because the need and greed for power and control over the masses that necessitates the fraud and scams to keep the State coffers full and the sheep in line, thinking and believing that they own their land, thereby making it a little easier to fleece! 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. This includes $4.25 for the patent plus a search fee. ACRES U.S.A.: What practical application does this knowledge bring to farmers who are now being foreclosed on by government agencies, namely FMHA and PCA and Land Bank? taxes and attacks. 202; 98 N.W. It describes a situation wherereal property(land,buildingsandfixtures) is owned free and clear of any superior landlord. Ruddy v Rossi, (1918) 248 US 104. The Manufacturers Certificate of Origin IS THE TITLE!!! U.S.A.: What about state conflicts and attorney general opinions, and the general attitude we find among attorney generals, such as General Stephens in Kansas? These groups include: Schemes to obtain "allodial title" usually advise property owners to file a deed of allodial title with the local registry office, or to publish a notice of "allodial" title in a localnewspaper. [71]. Yet does the absolute title and the ownership of the land really pass from the seller to purchaser with the use of any one of these three instruments or in any combination thereof? [63]. The only exception to this would be if you do drive for hire, i.e., Taxi, Bus, or Truck driver. 4. decds, and tax deeds are also colors of title [B] (12), as are Judicial deeds [B] (13). (11) 33 Am. Paramount being defined as: "In the law of real property, one which is superior to the title with which it is compared, in the, sense that the former is the source of the later. However, this does not say the color of title is the actual or true title itself, nor dies it say the color of title itself actually conveys ownership. ATG, CTIC, CLT, FNTNY, FAM, ORT, STG. It merely established the northern boundary of the Louisiana Purchase as the 49th parallel to the Rocky Mountains, nothing more, nothing less. 12. has started a settlement near Kamiah. interest by reason of that fact, and such a servitude was forfeited by the State's failure to it in the federal patent proceedings. 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. If you plan to inherit or purchase real property, it is important to consider the different ways to hold title in California, as well as the different types of deeds that can be used to transfer title. The best source is the Abridgment of the Debates of Congress, Monday, March 6, 1820. An email has been sent to with a link to confirm list signup. It is interesting to note that as an annexed state, it is the only state that has the power to secede from the United States. Allodial title is a right of property to land. star p.443, in note, and 2 Black. After your Land Patent is filed, you must send a photocopy by Certified Mail Return Receipt Requested to your bank or mortgage company, FLB, FMRA, PCA, etc and to any and all parties that may have an equitable interest in your property so they have been placed on NOTICE that you are updating the Land Patent in your name and they will have 60 days to challenge your claim to your allodial title in a court of law or forever keep their silence. The ownership of property is absolute when a single person has absolute dominion over the property. This is what happened. Many people have been forced onto the welfare system as a result of this modern day 'Feudal System'. Who's controlling who? (Corp. Code section 16202.) II R. Patton & C. Patton, Patton on Land Titles. Included, in this in a "Warranty Deed" and "Sheriff's Deed". [93]. What is right of survivorship in California? I know the difference. Allodial title is a real property ownership system where the real property is owed free and clear of any superior landlord. One copy goes with you, in your car, and the other remains in your files. The servant for the payment of a property tax (fee) has a right to use the land on conditions! This means that the property is yours and no one else's, and that you are the only one in control of your property. What does it entail? If you are the sole and separate owner of real property, it means that you have an undivided interest in the property (i.e., there are no other owners). 201]. 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. "By what authority does the U.S. Government and your State Government hold land in paramount title (untaxable, unalienable, and unseizable) and yet denies the very people of this country the RIGHT to hold their land in same status in Allodium?". The servant is without and is denied the true title, and is involved in what is called simply a 'feudal system'. Under land registry, deeds and charges were not recognized unless they were filed, and persons who filed were given priority over previous transactions that had not been filed. The treaty-making power is an extraordinary power, liable to abuse. (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. Also, the FLB is now itself applying for and filing Declarations of Land Patents on farms it is "foreclosing on". See also the attached 'Exhibits' for your comparison. 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. 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. Treaty Of Ghent: 8 Stat. (United States v Reynes, 9 How. [C] "Acres U. S. A., A Voice for Eco-Agriculture, " November 1984, Volume 14, No. Treaties make international law and they also make domestic law. If the co-owners meet all the requirements of a Joint Tenancy, the joint tenants hold what is called the right of survivorship. She enjoys her role as a researcher because it keeps her in touch with the real scholarship of the profession. They kind of define that as 'something like" an owner! 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. These cases illustrate the power and dignity given to the patent. for a disappointment, state and federal officials say. The type of deed they sign will depend on the manner in which they wish to hold title to the property. It is apparent that this view of the case places the plaintiff in error upon the Arisen deed just as much as she stood upon it in her former action of covenant, and it has been suggested, not in forgetfulness that it is not the position chosen for her by her consul, but by way of showing that his main proposition was too broadly stated for the case in hand, and that, holding only an incorporeal hereditament, he cannot get her case away from the deed. 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. To prevent this from happening, you must write in your Declaration of Land Patent only the legal description of the property to which you are an assignee. Has the term \"allodial title\" popped up while you've been scanning real estate sites?Curious what it means?Allodial title, while not used in the United States anymore, has some deep roots in the real estate industry.It is also a concept that has caused much confusion in recent years.So lets take a closer look at what you may need to know about this concept as a landowner.And for additional information, you can read our full blog post at: https://gokcecapital.com/allodial-title/Sources referenced in today's story:https://www.csmonitor.com/Business/2017/0119/Why-Facebook-s-Mark-Zuckerberg-is-suing-native-Hawaiian-familieshttps://www.theguardian.com/us-news/2019/jan/17/mark-zuckerberg-hawaii-estate-kauai-land-rights-disputehttps://www.thegardenisland.com/2017/01/27/opinion/zuckerberg-we-are-dropping-our-quiet-title-actions/http://www.hoakaleifoundation.org/documents/kuleana-act-1850If you liked this video and are looking to buy land, you'll love our Gokce Land Due Diligence Program.