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Land Patent Assignment Questions

The mystery of Land Patents unveiled.

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BlueSky
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Joined: Thursday November 15th, 2007 12:30 am MST

Land Patent Assignment Questions

Postby BlueSky » Thursday October 23rd, 2008 12:40 am MDT

Hello,
I have a few questions about land patents.

First, if a corporation with title to both land and property developed a subdivision, sold the individual properties off without ever reassigning the land patent to any or all of the new property owners, or to anyone for that matter, and then went out of business, what becomes of the land patent assignment?

Second, is it possible for an owner of both land and property of a particular parcel to grant (and/or assign) the land patent assignment to more than one grantee, as may occur in the case of different property rights being split and sold off? For example, if the oil rights are transferred to party A, the water rights are transferred to party B, the surface rights are transferred to party C, etc., can the land patent assignment be assigned to more than one party, or must it only go to one grantee, if the land patent is assigned at all?

Thanks, BlueSky

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Re: Land Patent Assignment Questions

Postby Admin » Thursday October 23rd, 2008 7:17 am MDT

:h: BlueSky:
The answers to your inquiry are found in understanding both our Land 101 article and the actual words of the Land Patent itself. However, we would like to address your inquiry directly by following our Standard for Review; still, our Charter limits that level of support from this Open Forum; thus, a our full response to your inquiry is available on our Beneficiary Forum in a linked companion topic.

Until you have access to our Beneficiary Forum, here are some pointers (from work we have already made generally available) that should help:
Your inquiry involves a relationship; therefore, to understand the answer to your inquiry you must first follow the Standard for Review and accordingly discover who all of the parties in the relationship are, what each of their histories are and what authorities they each possess especially as they relate to the relationship.

You must remember, in law every element of both authority and ownership must have a foundation and a chain to the present or it will be invalid. These elements of law and authority are the clues to your inquiry.

We have already published the result of these elements showing:
  1. Land and property appurtenant to land are two distinctly separate things; and,
  2. In the United States of America, Land cannot actually be owned by a corporation except by an Act of Congress; it can be held but not owned.
The rest of the answer to the first question in your inquiry is resolved by putting this together with the actual language of the land patent itself.

To learn our full answer to the first question your inquiry you will have to follow this link: Link to Beneficiary Forum’s Companion Response.

The Second part of your inquiry contains several questions; the first of which was:
BlueSky wrote:Is it possible for an owner of both land and property of a particular parcel to grant (and/or assign) the land patent assignment to more than one grantee, as may occur in the case of different property rights being split and sold off?
The answer is, “Yes.”
The second question in the second part of your inquiry contains two separate questions making that sentence a bit confusing but here is our answer:
  1. The first sub-question is essentially the same as your first question in the second part you your inquiry;
    BlueSky wrote:Can the land patent assignment be assigned to more than one party?
    Thus, the answer remains, “Yes.”
  2. The second sub-question was:
    BlueSky wrote:Must it (land patent) only go to one grantee, if the land patent is assigned at all?
    Accordingly, this answer is, “No.”
Again, to learn our full answer to your inquiry you will have to follow this link to the Beneficiary Forum Companion Response. And, we warn you, that response was quite extensive and well worth your review.

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