There’s been much talked about in relation to Land Patents lately. As far as most of that talk goes I’m glad people are talking about them. It’s about time. The problem with land patents is—ignorance; and the worst thing about that ignorance is, most of the people providing information about land patents get that information from other marketers that know little to nothing about land patents or their effects; thus, most people have almost no accurate information or knowledge about either the nature of land or the land patents from which their rights to the land come.
Still, some say, “The only bad news is no news.” We disagree. Inaccurate or misleading news is worse than no news. To that end, we published this article to help eliminate the inaccurate and misleading, so called, information about land patents.
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 is merely a Land Grant made Patent; which is to say, some sovereign government’s Chief Executive (King, President, etc.) signed a Land Grant from that government and sealed that Grant by making it Patent (permanent/forever irreversible). Respectively, though the Land Patent is the Title to the Land, land patents do not limit your right to contract. And, that means land patents do not limit your ability to secure your contracts with the property appurtenant to (that sits upon or is related to) your land as collateral securing 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 to establish land ownership.
Though it’s true, “Land, protected by Land Patent, can’t lawfully be seized for debt or taxes.” Therefore, no mortgage or tax liability can stand against Land secured by a Land Patent. However, most people do not understand what Land Patent secured Land is. Therefore, it is important to remember that the term "Land" as it is used in relation to land patent secured Land is synonymous with "Dominion" (which is intangible) and it is a distinctively different thing from the tangible property appurtenant to the land. Further, the Land Patent does not limit people from their right to contract. Thus, the Land Patent will not limit the enforceability of your subsequent agreements or your respective obligations thereto related.
Furthermore, even if you could hide from your obligations behind a Land Patent that would not likely be the best way to go. Team Law can likely help you discover far better ways to resolve any legal problem equitably - call us.
Historically, we live in a nation that hasn’t had elections in its central government since before 1917. The States individually stopped electing government officials at least by 1971. 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 actual land patents and the 'Chain of Title' to them; and, accepted Title Insurance instead. (An abstract is a document that contains a summary of basic information extracted from all of the transfer documents used in the Chain of Title 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. The truth is in the document (Land Patent) itself; where its term (duration of authority) is expressly found as an element of treaty law; the duration of which is — Forever!
For those who have "tried" land patents unsuccessfully, the cause of their lack of success is ignorance. Respectively, 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. Of course, Texas has land patents as well; it is just that they are granted and signed by the Governor of Texas. 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 theof 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.
Do you get it?
Here’s how land patents work:
- The Land was originally acquired within the United States of America by some Treaty.
- 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.
- The patent specifically grants the described lands to the party named on the patent and to their heirs and their assigns forever.
- 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”.
- Because the grantor 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”.
- 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
The use described below is the reason Team Law provides its Land Patent Sandwich service to people that are not Team Law beneficiaries. Our opinion is: “In America today, the most important reason to secure your land patent with a properly executed assignment/inheritance, made 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. Due to the nature of landownership in America, such elections can only be accomplished by electors. If we don’t re-seat our state and national governments we will lose our nation to IMF's (or some other controller’s) New World Order. If we do re-seat our original jurisdiction governments (State and National) we will have a chance to save our nation and our Constitution. Every year Team Law monitors the original jurisdiction gubernatorial elections on our Governor’s Corner page. If you elect an original jurisdiction State Governor this year, they can re-seat their national Senators and those original jurisdiction Senators will have the authority to re-seat 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:
More reading: Excerpt’s from Do you own your land?
Listen to Senator Madsen on Land Patents on Real Audio.
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