The decision of how to hold title often comes up during escrow when the escrow officer with ask the buyer for vesting instructions. 3d 899 (Ill. App. Basically, the title insurance company is at fault. The plaintiff in ejectment must in all cases prove the legal title to the premises in himself, at the time of the demise laid in the declaration, and evidence of an equitable title will not be sufficient for a recovery. (20) Roberts v McFadden, 32 Tex. THEREFORE, AT ALL COSTS, WE MUST DEPRIVE THEM OF THEIR LAND. For example,universitiesandcollegesthat hold property for educational purposes can be described as having allodial title. In addition, the government powers of police power and escheat have been retained in the American legal system. It is very clear that it would have been no answer to a distress to tell the lord that he had lost, or by his wrongful act avoided, the deed which expressed the reservation of his rent-service. 520, 31st Cong., Sess. Titles to Land in Pennsylvania are allodial. However, this distinction between common law and equity title helped develop forms ofsecuritybased on the distinction, now known as themortgage. Amazing but true! Under our Constitution treaties become the supreme law of the [155] land. The land owner said, Well It's certified! We are then to regard the Revolution and these Acts of Assembly as emancipating every acre of the soil of Pennsylvania from the grand characteristic of the feudal system. (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. However, in California, there is an exception to this rule. Among other things, Congress set up Government Land officers, now known as the Bureau of Land Management. Thus, legal entities only exist within the public, as they pertain to and somewhat mis-represent real property that exist within the private. Historical Background: this is the registration number of a property. TELL US WHAT HAPPENED. (16) Chickering v Failes, 26 Ill. 508, 519 (1861). There must he strict compliance with statutory requirements to divest property owners of their property titles for non payment of taxes. We use cookies to ensure that we give you the best experience on our website. This video is based on our own research and experience and, while we do our best to keep it accurate and up-to-date, but it may contain errors. of a patent to anyone who pays for one, according to Sally Gritz outlines steps that include paying off the property, a title is often described as one which would ensure to the purchaser a peaceful enjoyment of the property [B] (21); and it is stated that such a title must be obvious, evident, apparent, certain, sure or indubitable. (Black's Law Dictionary, 5th Ed.,'pg. This presumption of rightful legal title was challenged by the colonists, who insisted that the King of England did not own the land and, therefore, it was not his to grant to supportive colonists. I grant that the charter to Penn was in free and common socage, to which feudal tenures had at that time been reduced in England, and that the oath of fealty belonged to socage tenures as much as to original feuds, and was expressly recognized in the charter. First, in the original land patent, that was granted, lets say 100 years ago the land patent document itself says that this patent is granted to the original party AS WELL AS TO THEIR HEIRS AND ASSIGNS. [179]. 869], and all federal land patents of these states flow from the treaty and fall under the supremacy clause of the constitution therefore, no state, private banking corporation or other federal agency can question the superiority of title to land owners who have "perfected" their land by federal land patent. This being in violation of a United States (Federal) patent. If a defendant is not responding, or if he is responding, then he doesn't his appeal rights. Jur, 2d is the starting point to find the case law on treaties as they pertain to decisions in the states. (Black's Law Dictionary). I've been working with federal land patents in California and in Utah. 402 under general, to wit: Absolute or Conditional Conveyance. Can it exist then independently of the deed? What does this rancer do? A total of about 80 acres involving 20 plots of land are involved. Art. [76]. When there is a confrontation between two parties as to the superior legal title, the evidence as to ownership. In this article, we will focus on fee simple ownership. The necessary result of the Coronado Beach decision (U.S. v Coronado Beach Co., 255 U.S. 472 (1921), is that even "sovereign" claims such as, those raised by the State of California in the present case must, like other claims, be asserted in the patent proceedings or be barred Those decisions control the outcome of this case. [80], "THE PROPERTY TAX --- SCHOOL FUNDING ISSUE", "OWNERSHIP VS FRAUD IS IT A MASTER-SLAVE RELATIONSHIP, Well there's a lot of emotions flowing out and about, around this here Property Tax --- School Funding Issue! 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. GIVING NOTICE IS A BASIC PRINCIPLE OF LAW. An allodial right is a right found in the lex non scripta, the unwritten law - common law - [B] (34). "Yes, we may not know what the future lies, but MAYBE IT'S TIME FOR EXODUS!!!" The buyers built homes on the land and paid taxes on it. Most property ownership in common law juri They are in deed more supreme than ordinary laws, for congressional laws are invalid if they do not conform to the Constitution, whereas treaty laws can override the Constitution. YOU HAVE JUST CONTRACTED FOR THE STATE TO OWN YOUR CAR!!!. An estate held by absolute ownership, with out recognizing any superior to whom any duty is due on account there of". 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? A few have come from the 1980). Accordingly, anyone who owns, is purchasing, or is a prospective transferee of real property may want to familiarize themselves with the different ways in which title can be held. Keep reading to learn more about, Comparing California's Title-Vesting Options. [116]. Criminal Trespass Charges, Civil Charges and Charges for Fraud should be included in your Statement of Charges. The law in 1820 prohibited the borrowing or use of credit for the purchase of government land. You have to ask for it. This is the name that will be displayed next to your photo for comments, blog posts, and more. Although the feudal system was rapidly disappearing from England in the 18th century, to be replaced with a system oftaxation, in theory the feudal chain of title still exists, although it is a formality. Why are you, the individual(s), the true substance and strength of this country, denied the proper lawful title to your land? When a person purchases or inherits certain types of property (e.g., real estate, bank accounts, vehicles), their ownership interest in the property will be evidenced by a document. 56, 18th Cong., Sess., 1, Ch. Step by step. retired military officer and former candidate for U.S. president, Upon a persons death, it is not uncommon for property disputes surrounding their assets to arise among their surviving loved ones. LANDI: John Martin apparently squared off or surveyed a plat of land, a public layer, that did not belong to a private owner. 9 of the Bill of Rights). When I read the Summa Corporation decision, I had known about the Treaty of Guadalupe Hidalgo through researching a case right here in Contra Costa County. The details of this is listed below: Ownership over the domain: This is the under denomination of the seat which ascends within the numbers. 27. I'm doing the historical research on the federal patents in California. [B] (18). The Administration (government) holds this land as TRUSTEE for the people! Historically, it was distinguished as property held absolutely and not subject to a feudal relationship. Rent-service was the only kind of rent originally known to the common law; a right of distress was inseparably incident to it so long as it was payable to the lord who was entitled to the fealty; and it was called a rent-service because it was given as a compensation for the military or other services for which the land was originally liable. 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. R. 151, where a lost release of an annuity was pleaded without profert, the King's Bench sustained the plea and overruled the demurrer to it. The way to own property in a Freehold status is to rescind ALL CONTRACTS with the Foreign Corporate Federal Government and the Corporate Regional State, county and municipality. Gadsden Purchase, 10 Stat. Choose wisely! Why are you led to believe that you own the land? One copy goes with you, in your car, and the other remains in your files. It was not merely a voidable instrument, it was void. He says that a ground-rent reserved in a deed by a grantor is an estate which vests in him the instant the fee simple in the land vests in the grantee that estate is a rent-service; that it continues to exist, though the instrument reserving it be destroyed- and that a right of distress is one of the necessary legal incidents of the estate. One is an admiralty-law title ownership claim (by the state), and the other is a re-claiming of the ordained sovereignty and birthright of the real flesh and blood body (by the real human being). The Manufacturers certificate of origin (Title) goes from the dealer to the State (regional) Department of Motor Vehicles. at 456.1. The transfer of legal title (patent) to public domain gives the transferee the right to possess and enjoy the land transferred. Sorry, you can't do that. 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. Bank claims ceased March 3, 1893 - FOREVER BARRED per #12-14 pgs.2&3. Ownership of property is absolute or qualified. It's attacking the legal proficiency of the plainfiff's pleading. That was the very first patent in this country. Instructions to give the Sheriff, Judge, County Attorney and Bidders of your property. 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. The classic scenario is when a single person or entity purchases the property alone. If somebody has a claim, if the bank says, they have a claim on that land, they are going to foreclose. 409 (1944); Heineman v Hermann, 52 N.E. Odometer mileage. We won't share it with anyone else. Allodial Title LLC | 53 followers on LinkedIn. [BI (2). The vassal paid homage and service to the lord and the lord provided land and protection." Incidently, even IRS cannot supersede federal treaty law or the provisions of any treaty of this country. When making up your photo ID, you MUST, absolutely MUST, place a disclaimer on the ID such as: "Not a government issued identification.". It's really a no win situation. Read more about this topic: Allodial Title, Hollywood was the place where the United States perpetrated itself as a universal dream and put the dream into mass production.Angela Carter (19401992), You may consider me presumptuous, gentlemen, but I claim to be a citizen of the United States, with all the qualifications of a voter. 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 father occupied. Mrs. Wallace having executed a distress, was sued in this action of replevin, when she avowed for rent in arrear, as reserved by one of the four deeds which were the subjects of animadversion in the above cited cases. (Sept. 18691, A patent is the highest evidence of title, and is conclusive against the government and all claiming under junior patents or titles, until it is set aside or annulled by some judicial. 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. All they insure is good title. which covers land from not only the original 13 colonies, but all the land west to the Mississippi River. 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]. However, the Births and Deaths Registration Act 1873 and subsequent amendments etc., are all suspended under the Geneva Convention 1930, due to the international . [B] (30). Get the people to 'believe' they need to pay a property tax to support the schools (free education) and the Government can add another link in the chain in the enslavement of the people in this "Land of the Free!". Please click this link, complete the form, and we will engage with you in due course. 1. 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." 2d 708. But if he is not permitted to do all this, then he must show a deed for what he claims, and this brings us back to the first conclusion, that the present right of distress depends on a deed no less than the previous actions at law. The theory is based on two premises. These various cases and quotes illustrate one fact that should be thoroughly understood. (3) Mudge v Mitchell Hutchins and Co., 54 N.E. The law in 1820 prohibited the borrowing or use of "credit" for the purchase of government land. (Nor does any other person in this country, unless they are a politician.) [175]. If the Patents are not certified when entered into evidence, the court may ignore the patent and overrule it as evidence of superior paramount title versus the mortgage lien the banks use to lay claim to the land. (Art. For this reason, the enclosed Declaration of Land Patent has in it, adequate language for this purpose. 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. 422, 94 S. W. 896 (1906). I will give you an example. IRS does the same thing! [171]. Either side of the court represents two different jurisdictional courts of law. (U.S.) 612 (1849). The idea of allodial title allowed the holder and defender of the land to claim ownership rights that were defensible in law. This rule prevails in the federal courts even when the statute of the state in which the suit is brought provides that a receipt from the local land office is sufficient proof of title to support the action. [187], PROCEDURE TO FOLLOW IN THE ENFORCEMENT OF A UNITED STATES. When you pay a debt, you must pay with value or substance. How do you want to hold title if the property in question belongs to a trust? This new type of ownership was acquired in all thirteen states. (35) McConnell v Wilcox, I Scam. LANDI: You can print an excerpt from a document I submitted to the state court, one referring to the California Supreme Court decision which Summa over turned. Either they don't know the procedure or what issue to bring, in what way, at what [177] time, in what court. 1, Ch. original land grant or land patent from BLM and filing a Sargent v Herrick & Stevens, 221 Us 404: Northern P,R. that provided a way for land to be owned free of feudal Now under the' term 'Grant' it shows 'Private Land Grant' as: A grant by a public authority vesting title to public land in a private (natural) person. It was stated this way in the case of McConnell v Wilcox: [132], From what source does the title to the land derived from a government spring? Golding v Schubac, 93 U.S. 32: Seville v C I , 46 U.S. 495. 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. You traced it to its original source. Most states in the United States employ the common law simple, allowing someone to hold ownership of land in fee simple. colonial America.''. The Fifth Amendment to the United States Constitution requires just compensation for eminent domain compelled sale. Jur. Please contact our office to schedule a complimentary consultation or call now at 305.407.9464 for immediate, live assistance. You bring that up. Property owned under allodial title is referred as allodial land. Treaty Of Guadalupe Hidalgo, 9 Stat. This is styled Summa Corporation v State of California. A trust transfer deed is typically a grant deed that is used to convey property from an individual into the individuals trust. Certified FLP supersedes ALL CLAIMS. 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. A: Writ to Acres U.S.A. With regard to real property, for a person to hold title, they generally must be the recipient of a physical document known as a, is a document that conveys ownership. LANDI: Well, number one, I would ask you how the case was filed? 425 (1879). And that is precisely what they did. 5), and only Gold and Silver coin can be used to pay debts. 6. Thus, "fee simple absolute" is an over broad, catch-all, phrase that encompasses all interests in land from allodial down to naked possession. (Black's Law Dictionary, 5th Ed., pg. However, in all these cases, it is also clear that if the title ceases to be used for the purposes for which it was granted, it reverts to the state or the federal government. Well hang on, we're getting warm. Jurisdiction by any state court is invalid. star p.444. The federal land patent is the paramount or common source of titles from the united States government. The Treaty is declared the will of the People of the United States and shall be superior to the Constitution and the laws of if any individual State. At common law there was no tax lien. The decision of how to hold title is so important because it has far-reaching consequences in everything from marriage and divorce, to bankruptcy and death. You cannot! However, simply because two people are married does not necessarily mean that they own property as Community Property. In a valuable note by Judge Sharswood to the opening passage of Blackstone's Chapter on Modem English Tenures (2 Sharswood's Black. LANDI: Say, fine. 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. [181]. It was because of this assumption that she gave grants of land to supportive Colonists, then taxes the Colonists as subjects. [192], *****************************************************************************, UNITED STATES DEPARTMENT OF THE INTERIOR REGIONAL OFFICES. "Anyone who says that property taxes can be avoided by creating It is not possible to have a joint tenancy agreement without the right of survivorship being implied. Generally speaking, if property is acquired during the marriage, it is presumed to be Community Property. In the Declaration of Land Patent, we then declare that we are the ASSIGNEE'S of the original land patent, even though we may be 2nd,..3rd, 4th, etc., after the party to whom the original patent was issued. But now the question is this; "Why do you, the so called property owner, do not have and hold an "Allodial/Paramount Title" to the land (And Home) that you THINK you own? They in fact convey something quite different. And this is what Summa Corporation was talking about. Californias title-vesting options can be complicated to understand. Each localised jurisdiction has its own process of creating legal entities and the subsequent registering of legal titles to these legal entities. 2d 45. Treaties make international law and they also make domestic law. (14) Gordon v Sullivan, 188 F. 2d 980 982 (1951); See also Brown v Petersen, 25 App. One is admiralty law and the other, is the common law. To resolve this mis-representation, we issue a Certificate of Sovereignty as the true Allodial title to the natural Human Being. (Note: if you need the land patent faster, like in a week or so, contact Luther Bartrug, 2708 Fenholloway Drive, Mechanicsville, VA. 231 1 1. Error! By that time the bank had foreclosed. [72] What Pennsylvanian ever obtained his lands by "Openly and-humbly kneeling before his lord, being un-grit, uncovered, and holding up his hands together between those of the lord, who sat before him, and there professing that he did become his man from that day forth, for life and limb, and earthly honor, and then receiving a kissfrom his lord? This is because the property is "sold" under color of law, and not according to the Common Law. Such was the effect of the statute. 11, Ch. Boom, it's finished! Generally, ownership rights are established under common . What Pennsylvanian ever obtained his lands by openly and humbly kneeling before his lord, being ungirt, uncovered, and holding up his hands both together between those of the Lord, who sat before him, and there professing that he did become his man from that day forth, for life and limb, and certainly honour, and then receiving a kiss from his lord? Our question, then narrows itself down to this: is fealty any part of our land tenures? Since the monetary system of this country is run by a "Private Corporation" circulating 'Bills', 'Notes" and 'Checks' (credit) without substance and in violation of U. S. and every State Constitutions (U. S. Art. The courts have ruled that the Federal Reserve Bank/System is not an agency of the U.S. Government, but rather a Private Corporation! The treaty is significant because it refers back to the Treaty of Guadalupe Hidalgo and conferred all the same rights and privileges to citizens of that territory as in the 1848 treaty. Board of Trustees of University of Illinois v Barret, 46 N.E. Jur. 70). (34) Bagnell v Broderick, 38 U.S. 438 (1839). 42 F2d 158; 283 U. S. 140. Then does this now mean I do not have to pay property taxes? A partnership interest in real property is one owned by co-owners who are in a business partnership together for a partnership purpose. "allodial'' title to property that supposedly would grant Allodial Title Via Land Patent 2 given in ATVLP has been modified to conform it with the other necessary elements of the entire restoration process and is found on pages 33-50. Mortgage foreclosures of equitable title interests are on the increase, and are the means of implementing this public policy. 1891, and is still in force today! However, when he applied, for, and received, such "benefits" as farm subsidy, government supported grain storage, etc., he became further bound to the trust and incurred certain additional obligations and duties, he voluntarily subjected himself to the coercive terms of adhesion. For example, if the deed or another agreement specifies otherwise. pg. (Art. Gibson v Chouteau, 80 US 92. 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. For more details about Californias title-vesting options, read our article about the advantages and disadvantages of each title-vesting option. The letter was from the "United States Department of the Interior", "Bureau of Land Management", titled "Notice to Mining Claimant", 2nd. I confess to a growing unease about what I view as an Accelerating erosion of private property rights of California citizens. Part VI: The Land Acquisition Treaties [C]. 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. Section 69, at 230-233. The interface between the two titles therefore, is the UCc. Your purchase was successful, and you are now logged in. 566 16th Cong., Sess. Ground-rents are rents-service of which distress is a necessary incident: but a grantor who has not reserved his rent by a valid deed cannot enforce it, because the statute of which would have convert*ed the rentservice into a rent-charge, is not in force here, and it cannot exist independently of the deed, because Pennsylvania titles are allodial and not feudal.

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