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Definition of Real Estate

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

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SimplyThinkDreams
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Definition of Real Estate

Postby SimplyThinkDreams » Sunday February 8th, 2009 5:48 pm MST

I have been researching about the process of securing a perfect title to land through acquiring a chain of title back to the Land Patent. In the Land 101 article, it is presented that Land is separate from real estate. I was wondering, ‘Where did Team Law acquire the definition of real estate?’ My father has been a self-employed title searcher for many years and I have done quite a bit of work for him as well. Nowhere can I find a definition of real estate that does not include land. I have searched all over the web and have consulted The Real Estate Dictionary. I want to see the original source document that distinguishes land from real estate. What evidence does Team Law have that supports a distinction between real estate and property?

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Re: Definition of Real Estate

Postby Citizensoldier » Sunday February 8th, 2009 7:19 pm MST

SimplyThinkDreams,
Instead of asking what evidence Team Law relies on (which, as far as I know, has always been the law), I would ask what evidence, in law, have you relied on to question what Team Law presented? It appears that your search has merely encompassed a dictionary pertaining to real estate, which tends to lead me to believe that is what your web search consisted as well. As Team Law has taught me, I seek the source of a subject without putting much weight on third-party testimonials. Have you reviewed the legal definition of land? Have you reviewed a land patent? Have you reviewed the various Supreme Court cases pertaining to land patents? Given the fact that you, as well as your father, have experience in doing title searches, have you wondered what the very purpose a title search serves?
As Team Law has pointed out over various responses on this site, the only reason title insurance exists is due to the fact title searches do not go all the way back to the land patent. If they did, what need would there be for title insurance? If a person can prove his or her right (as either an heir or assignee) to enjoy the gift of the land patent by showing certified proof of the chain of title, can anyone contest such person's ownership of the land? According to the Supreme Court, ownership secured by assignment of a land patent is the only title recognized by the federal courts.
My response comprising mostly of questions to you is offered in friendship. My testimonial means nothing. When you discover the answers to the elements above, you will gain a testimony to the truth of what Team Law has demonstrated for our educational benefit.

CS

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SimplyThinkDreams
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Re: Definition of Real Estate

Postby SimplyThinkDreams » Sunday February 8th, 2009 9:31 pm MST

Citizensoldier,
Thank you for the reply. I appreciate the manner in which everyone at Team Law encourages self-education. I feel that is of utmost importance. I am new at learning the law and find the truth liberating. Thank you for pointing out my silly and obvious error. It was right in front of my face the whole time. My father thinks he knows everything and was breathing down my neck while I was reading Land 101. He threw the dictionary in front of me. This was quite distracting and pulled me away from the truth. His Real Estate Dictionary has no meaning in the court of law. The definition was defined in the case law clearly cited in quotations. Thank you once again for pointing me in the right direction. I love the feeling I get in my heart when I have found a truth.

I did not intend to act knowledgeable in real estate. My father has been a searcher for years so he thinks he knows everything about it. I worked for him when I was younger setting up his searches. This gives me some experience working in the recorder's office so I will be able to track the chain of title back to the patent as long as there are no snags. What if the property does not have a closed legal? Would this hinder the chances of securing the land patent?

I previously created a post, Sovereign, Person, and Relationship to SSA. It describes my current understanding of a sovereign, person and the SSA trust. I can tell you already that I used an online dictionary to define 'person'. Therefore, I must find the definition as it is according the law. I plan on going to the law library tomorrow to see if the law confirms my thoughts. Perhaps you could read the post. I would greatly appreciate any constructive criticism you have to offer. Thank you for offering me your friendship and I graciously accept it. I look forward to interacting with you more here at Team Law’s Open Forum.

SimplyThinkDreams

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Re: Definition of Real Estate

Postby Citizensoldier » Sunday February 8th, 2009 11:57 pm MST

SimplyThinkDreams,
The only difference between you and I is I have the full educational support that Team law provides. I would also like to note that I am far from classifying myself as a knowledge source concerning land ownership - I still have much to learn in that area (as well as many others). Furthermore, you should not discount your experience (or your father's) in having conducted title searches - those experiences will only strengthen your ability to secure your land rights (and be helpful to others). Inviting your father to work with you in conducting a search back to the land patent may be an invaluable opportunity for both of you to gain a better understanding of the subject.
I hope that our exchange is not only valuable to you, but to others as well. As Team Law has repeatedly admonished, only we, as individual men and women, can restore our Republic. Only through our ability to help one another in seeking the truth can we be free.

CS

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Re: Definition of Real Estate

Postby ZandarKoad » Monday February 9th, 2009 9:29 pm MST

Also, do keep in mind that definitions, no matter how reliable the source, are not definitive for all contexts. Though, a specific definition may be definitive in the context specified (that is, codified laws, etc).

I've struggled with this concept myself, as this seems to be one method that much confusion and deception is wrought in our world: the subtle changing of the meanings of commonly used words. But it is the nature of words themselves that they cannot have fixed meanings: meaning must be derived from context. Otherwise, every conceivable usage would need its own word. That would be several trillion words at least.

So my point is, a particular author may indeed define "Real Estate" to include Land (a portion of three-dimensional space); or, for that matter, may define "Land" to include Real Property (removable chattel). There is nothing intrinsically wrong with that. An astute student of the law and language will recognize the flaws resultant from shifting (unintentional or otherwise) definitions. Team Law has merely chosen those definitions, which are most useful for their purposes at hand: comprehension of Land Patents and Land Law. In my day-to-day conversations with others about land and property, I've personally found those definitions to be exquisitely suited to use in such education.
I will know the Law.

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Re: Definition of Real Estate

Postby Admin » Tuesday February 24th, 2009 11:40 am MST

:h: ZandarKoad:
Though your comment was accurate in almost every way, we must contest one point. You incorrectly alleged:
ZandarKoad wrote:Team Law has merely chosen those definitions, which are most useful for their purposes at hand: comprehension of Land Patents and Land Law.
That allegation is false!
The definition of the words expressed in Land Law as well as in Land Patents follow the pattern you expressed earlier in your post:
ZandarKoad wrote:
Meaning must be derived from context.

Picking and choosing the meaning of words in accord with your own intentions will never provide communication or clarity when reviewing a document. Such a practice should always be avoided like the plague!

You will notice, Land Patents grant Title to the Land to the named party and then explicitly convey the Land, “together with all the rights, privileges, immunities, and appurtenances of whatsoever nature, thereunto belonging.” Thus, where the context of the Land Patent itself expressly separates the Land from the property appurtenant to the Land, the context plainly shows the intent of the President of the United States of America in granting the Land as the domain within which all of the other property remains and is separately so granted. Further searches of Supreme Court cases dealing with that issue in the language of land patents, clearly show this is the correct understanding. Subsequent deeds also make the definition and usage clear.

Team Law always sticks with the clarity of the language as it is expressed; and so, determines the meaning of words from the usage as expressed in the actual documents. That is the only way to secure understanding. If the context does not clearly provide the author’s meaning then we revert to reviewing the matter in accord with our Standard for Review.

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