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Mineral rights and land patent

The mystery of Land Patents unveiled.

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Aksourdough
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Mineral rights and land patent

Postby Aksourdough » Saturday August 6th, 2011 3:39 pm MDT

:newb: I am a newbie, so pleasebe gentle! 8-)
i recently bought a 10 acre property in alaska. i am just learning of land patents. i am going to start the process of bringing the land patent forward in my name. it has not been updated since the original owner who got the original patent.in the original patent, the US reserved its oil, coal, and gas mineral rights in it...just those only. the U.S. then subsequently assigned those rights to the state of alaska. i am not sure if there is a current lease with the state for those minerals with a company called marathon oil are still valid, much less current. i know from the previous owner that at one timethey came out, drilled some holes and then did some mining for coal. they have since stopped and recovered their mining spot with 250 cubic yards of dirt. i acquired the property through the normal real estate process.

reading about the land patent, it seems that i might be able to get the mineral patent/rights to the other locateable minerals that are located on my 10 acre property as they were not "covered" in the assignment to the state of Alaska from the original land patent.

i also have another piece of property that i recently bought from the state. however, the reservation of mineral rights on that patent is quite a bit more "expansive" in what it desribes as mineral rights than the land patent for my 10 acres.

here are my questions:
  1. am i able to get the mineral rights for the other minerals not specifically identified in the Original US land patent for my 10 acre property? if so, how do i do that? i would like to get rights/patent to both the locatable and non-locateable minerals under my property if possible ( as there are veins of coal that run up to the surface on my property...kids can dig like 2 feet down and pull up some coal in some spots).
  2. i went to the US BLM site, and it appears they are no longer processing or accepting mineral patents. if i want to get the rights/patent to the locatable minerals that were not specifically assigned/reserved, then how do you do it? IF i understand things right for my 10 acre property, there are a bunch of minerals that were not assigned because either they were not known or not specifically reserved...kinda like a loophole in a way to describe it. how do i claim those minerals before someone else does?
  3. because my land patents assign these rights over to the state, they basically can destroy my property as long as they have a reclamation plan and are diggin for their leased minerals without any royalties (as i understand it) to me. how can i at least "slow them down" to make it cost ineffective to mine on my property?
  4. since a portion of the 10 acre property has significant water on it during the summer, i thought maybe having the water rights would allow me the ability to get royalties (since they would have to take water with any mining operation) or simply make them not want to mine on my property. is that even an option?
any help would be greatly appreciated. i would have never known about land patents had the state of alaska not given me a patent to the other property.

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Re: mineral rights and land patent

Postby Copacetic » Saturday August 6th, 2011 6:43 pm MDT

Dear Aksourdough,
I would doubt the land patent you speak of is the same as a land patent from one of the contiguous 48 States. The original jurisdiction president was not seated to grant such a land patent. I would expect that the State of Alaska is simply a corporation also. I am sure admin can shed more light on this situation.

Thanks,
Copacetic
The only way evil men can win is if good men do nothing.
Me

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Re: Mineral rights and land patent

Postby Admin » Sunday August 7th, 2011 3:55 pm MDT

:h: Aksourdough:
Though we are aware of land patents issued by the United States containing such restrictions from the Land Grant so secured by patent (of which Copacetic may take note), Copacetic is correct in noting that the State of Alaska is not an original jurisdiction Union State in the United States of America; however, that fact will have no bearing on the value of land patents issued by Corp. U.S. in that corporate state.

Your inquiry also included some obvious misunderstandings and/or presuppositions we can hopefully help you resolve. You wrote of your intention:
Aksourdough wrote:i am going to start the process of bringing the land patent forward in my name. it has not been updated since the original owner who got the original patent.
However, such a thing is impossible!
We refer you to our Land 101 article, where Admin wrote:…in The United States of America, Title to Land is passed by Land Grants made Patent—also known as: Land Patent.
    Thus, the Land Patent is the actual Grant of the Land; and, the sovereign signature and patent seal on that Grant secures the title of the Land to the parties named on the Land Patent (a.k.a. “Land Grant made Patent”). Thus, the Land Patent is also the actual Title to the Land described on the Land Patent. Accordingly, the sovereign’s signature and patent seal locks the Title as it stands; and so, forever bars any changes to said Grant; which is exactly what “made Patent” means (in the usage: “Land Grant made Patent”). In case anyone missed that, be careful to notice: “The fact that the Land Grant made Patent is so patent sealed, it cannot be changed; which means it cannot be “updated” or “brought up” in somebody’s name or otherwise, in any way changed.”
From this reproduction, we hope you can see the impossibility of “bringing the land patent forward”, “updating” or otherwise changing a land patent. That is the whole point of the Land Grant being made patent—it cannot be changed. Thus, though it should go without saying, the documents in the chain of Title from the Land Patent to the present, if they are all lawful and proper, prove the propriety of the landownership. Regardless of what any marketer (or other party) says, no other documents will have any beneficial effect on the Title.

Beyond that the nature of your inquiry includes requests for advice and asks questions of a technical nature that would require Team Law beneficiary support for us to respond; which would at least require that you had access to the Beneficiary’s Private Forum.

However, we can again acknowledge that Corp. U.S. is currently in a state of moratorium on the issuance of new patents for either land or minerals. However, such a moratorium does not limit people from learning or applying the relevant laws regarding such matters. We are currently helping some Team Law beneficiaries that have interest in learning and apply the same.

We hope this information is helpful to you.
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As with all Forum posts, comments made by Admin are:
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Aksourdough
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Re: Mineral rights and land patent

Postby Aksourdough » Sunday August 7th, 2011 10:19 pm MDT

thanks for the replies. i need to clarify if i may what a land patent does. i have read the land 101 section you are referring to, so i want to make sure i understand exactly how a land patent is important to me in this day and age and why worry about it.

so if only one person(s) can have that forever right via a land patent, then what is its importance if you are not the original person/heir/whatnot? If I understand you correctly, then noone but those who got the land first can ever truly own their land. any subsequent owner is only just getting a color of title to real estate, correct? so that means i may own it, but i'll never truly own it...ever, correct? i can never be "sovereign"?

in my case, the original patent owner is dead with no heirs or survorship....basically if i understand it, a dead man has rights to the land i am on with no way to make it mine forever, correct?

sorry if i repeat, just i dont want to spend a lot of time and money for something that will end in a dead end. i am a combat vet, and i fought for my freedom...i should at least have the right to own the land that is mine forever! ;)

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Re: Mineral rights and land patent

Postby Admin » Monday August 8th, 2011 12:08 pm MDT

:h: Aksourdough:
If you read the Land 101 article you must at least know the Land Patent is the Title to the Land. As such, it stands at the beginning of the chain of title that proves your rights to the land and or to the property appurtenant to the land. Therefore, absent the land patent (Title) you have little or no possible way to prove (show the chain of) Title to the land. Given the other content of the Land 101 article, that should be enough clarification for anyone to understand exactly why land patents are not only important but remain “forever” necessary in accord with their own verbiage; which includes through “this day and age”.

Absent the land patent’s ability (when included with the actual Chain of Title) to prove, “Perfect Title” (described in Land 101) you are left with the lame effect of mere “Title Insurance”, which doesn’t even remotely secure ownership in Real Estate; let alone prove anything (again see: Land 101 to understand what Title Insurance is). (We will provide some additional help on your potential for understanding land patents from what Team Law has already provided after we address the balance of your inquiry.)

From your second paragraph, you obviously did not understand us correctly!
Your inquiry presupposed: “…only one person(s) can have that forever right via a land patent…”; which presupposition indicates either, you have not read the words of an actual land patent or, you lacked understanding when you did. Every land patent we have ever seen, or heard of, from any lawful source (regardless of country of origin), provides words to the effect of the following:
In an actual land patent from The United States of America (typical of all such patents), the United States wrote:NOW KNOW YE, That the United States of America…by these presents do give and grant…the said tract above described; To have and to hold the same, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature, thereunto belonging, unto the said (patentee’s name) and to his heirs and assigns forever.

[Note: This note was added and the emphasized text above was exchanged for the actual name shown on the land patent.]

We believe that language is quite clear! We expect, from that quote, you can see, the parties receiving the patent secured Land Grant include: the named Grantee and their heirs and their assigns; all of which, by that reference were named on the land patent; so securing that patent secured right to anyone that can prove either that inherent or assigned right (which right is proven by the necessarily perfected chain of title).

Though that last paragraph should resolve all of the rest of the questions you presented in your response, if you want more clarification than that, and or from, what Team Law has otherwise already provided, you will need Team Law beneficiary support.

However, absent that level of support, Team Law has already provided significant articles you can use to further develop your understanding of this topic. Respectively, here is a suggested path of reading that should provide you with sufficient course of study to secure your understanding of the necessity for properly securing your Land and property:Presuming you have already read the Standard for Review, we started with the Do You Own Your Land article, so you could get a taste for the actual verbiage of an actual Land Patent and the effect of the language found in it. From there we moved to the Contracts, Trusts and the Corporation Sole article because it provides a basic foundation for understanding the basic elements of contracts and the parties related to them; which understanding is necessary to understand the Real Estate, Land and/or property contracts through which you acquired your rights to the land. From there we go to Myth 22; which follows the relevant history related to the parties one might find on a real estate transaction through which you likely acquired your land and/or property appurtenant to the land. And, finally, we go to The Seduction to review ancient prophesies that warned us of our time; again so, you can see the condition we find ourselves in today was both foretold and has an awesome remedy. Accordingly, if you will follow that course of study and not just believe us but do the requisite firsthand study of the respective law and actual history, then you will understand why the land patent and Team Law’s Land Patent Sandwich are so critically important; especially in our time. They become an elemental part of that very remedy so foretold; when people choose to learn the law and apply it.

Team Law neither educates you nor does your research for you; rather, we help people learn how to learn the law; so, they can learn to apply the law. Thus, as you continue forth, it is our hope that you will actually do what you must to learn and apply the law. We are here to help with that and we welcome your support.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
Team Law,

"In memory of our God, our faith, and freedom,
and of our spouses, our children, and our peace.
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As with all Forum posts, comments made by Admin are:
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