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Congress Issued Land Patents vs. Treaties

The mystery of Land Patents unveiled.

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Westland
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Congress Issued Land Patents vs. Treaties

Postby Westland » Friday January 4th, 2013 3:42 pm MST

I would like to look into the land patent sandwich.
Is there a difference between a US Congress issued land patent and others?
How strong are Congressionally issued land patents related to the Treaty of Guadalupe Hidalgo (1848)?

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Re: Congress Issued Land Patents vs. Treaties

Postby Admin » Sunday January 6th, 2013 3:47 pm MST

:h: Westland:
You posted three separate posts under this topical thread; so, Admin reduced those three topics into the one post above. Respectively, our responses follow:
  1. Ok.
  2. The US Congress does not issue land patents. However, the President of the United States of America did issue land patents in accord with various congressional acts, etc.
  3. Again, Congress does not issue land patents. However, such treaties are often the source from whence land came to the United States of America; which land was then subsequently granted to people through land grants made patent (land patents).
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Westland
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Re: Congress Issued Land Patents vs. Treaties

Postby Westland » Sunday January 6th, 2013 7:49 pm MST

How succucessful has your land patent sandwich been used?
Other posting from other law firms seem to disagree with land grant heir rights.
I agree with your firm position and differ with the opinion below.
Re: “Land Patents: a Real Myth, OCBA Laches Real Estate Law, May 1999”, by a Michigan attorney, William E. Hosler, who wrote:Popular Misconception
A land patent is useful to help define the extent of real property ownership. Unfortunately, a land patent will not anoint the property owner with the sovereignty of a king, nor establish the patch of land as a private fiefdom. You cannot dodge taxes with a land patent. You cannot avoid land use regulation with a land patent.

This seems to be the goal of many proponents of land patent rights. Unfortunately, that is one of those urban myths – like sending a letter to the IRS renouncing all federal benefits in order to avoid paying income taxes. Nice try, but don’t bet the farm.

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Re: Congress Issued Land Patents vs. Treaties

Postby Admin » Tuesday January 8th, 2013 12:19 pm MST

:h: Westland:
Our Land Patent Sandwich service has been 100% successful as are the documents related to that service. Nonetheless, we find it interesting that you should ask that question followed by the quote you posted from the attorney. When you originally posted that quote it contained a significantly larger content; however, Admin redacted the bulk of that quote because it, for the most part presented a bit of opinion tainted history that was off-point from either Team Law or the services we provide. However, we retained the last part of that quote because we have to somewhat agree with the attorney’s opinion.

To clarify, as a matter of law, the land patent is the actual Title to the land described within the land grant so made patent and to the respective property appurtenant to the land so described. The chain of Title, from the patent to the present, legally, lawfully and properly colors the Title by providing the chain of heirs and assigns provided for on the Title (Land Patent) itself. Thus, to the end that the quoted attorney merely alleged the “land patent is useful to help define the extent of real property ownership”, we have to note that usefulness is the very Title itself and as such it is necessary to definitively prove Landownership—without which there would most likely be no provable ownership.

However, the attorney then, with flourish, addresses the great misconception many uninformed people assume, that being the allegation that owning land “anoints the property owner with the sovereignty of a king”. Of course, that too is true. No such anointing takes place. In fact, sovereignty is a free gift from our Creator [see Sovereignty]

It is quite important that you read and understand that linked article Sovereignty; for, without understanding that you will not likely understand how Sovereignty applies here and/or how landownership affects Sovereignty.

Still, the Attorney is quite right with his next comments regarding taxes and land use regulations.

As noted in our Land 101 article (and elsewhere), land patents have nothing to do with: property taxes, mortgages and/or land use regulations. Of course, the opposite is also true: “property taxes, mortgages and/or land use regulations have nothing to do with land patents. Any contests with such matters must be had in accord with the particular merits of such contests.

Respectively, it is also proper to say that when land, and/or the property appurtenant to the same, is acquired free from all such encumbrances the Land Grant made Patent will limit all such encumbrances from being forced upon that respective landowner against said landowner’s will; and,
Finally, land patents do not interfere with the landowner’s right to contract and agree (either voluntarily or by acquiescence) to become bound by such encumbrances; after which agreement, again, the land patent will not limit enforcement of such encumbrances.

Respectively, we must agree with the concluding statement the attorney made regarding the alleged urban myth.

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.
"


As with all Forum posts, comments made by Admin are:
copyrighted—all rights reserved; and, provided here for educational purposes only.

Westland
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Joined: Tuesday January 1st, 2013 9:32 am MST

Re: Congress Issued Land Patents vs. Treaties

Postby Westland » Tuesday January 8th, 2013 8:23 pm MST

Thank you. I will continue to read the items you mentioned to get a
better understanding of the information provided.

Best regards and once again thank you.


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