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Forever Land Patent

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

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Forever Land Patent

Postby Hksimmons » Saturday February 21st, 2009 8:52 am MST

I have a question. Hypothetically speaking, if you discover you have a ancestor that has left behind a land patent. Say a grandfather. You do a chain of title and realize their is a current owner. If this owner hasn't secured her land with a declaration of a land patent, can the person (the heir) holding the certified land patent claim this property?

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Re: Forever Land Patent

Postby Vzeng1 » Sunday February 22nd, 2009 7:35 pm MST

In your hypothetical situation, and in reality it is impossible to "leave behind" a land patent because (1) it is not yours to leave behind and (2) the patent grants the land to the heirs and assigns forever. If you want to take up the patent in your name, will have to formally accept and declare the land patent assignment and Team Law has a process for helping you do this. Do a search on Land 101 in this forum to learn more.

I have learned that the term "Heirs" is defined differently in law and it has nothing to do with blood relatives. See Admin’s article at: Re: The rights of Heirs to their land patents?.

It seems you are trying to determine if you can claim legal right to the property but this is not true in the situation you describe. In the Land 101 article, you will learn that land and property are two different things.

Hope this helps.

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Re: Forever Land Patent

Postby Electra225 » Monday February 23rd, 2009 12:19 pm MST

Hello to Hksimmons and Vzeng1,
Right now I just want to say, WOW! I enjoy reading all the posts on the topic of land patents and usually without logging in. When I read your post Hksimmons I immeadiately thought of the similar questions I asked Admin early last year while I was "young" in the topic. Then my next action was to reply by directing you to my earlier posts, but just before I did I wanted too see the advice/link that Vzeng1 was kindly helping you with. To my amazement, it was the very same post that I thought to direct you to. WOW!!!
Good job and thank you Vzeng1. This has re-kindled the fire for me to do whats required to learn even more.

Thank God for education.

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Re: Forever Land Patent

Postby Vzeng1 » Monday February 23rd, 2009 1:20 pm MST

You are most welcome. I'm still a newbie, but I spend many hours on this website reading, reading, reading!

It is only fitting to me that applying these truths in my life go beyond reading (and hearing) the text on this forum ( a passive role). It is a different animal to take action to turn these complex topics around in my brain and to write (and say) thus demonstrating that I am attempting to advancing in my knowledge of the Law. So I appreciate the questions asked and having an opportunity to respond because it is helping me also. I truly have a whole new outlook on the state of this country thanks to teamlaw!

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Re: Forever Land Patent

Postby Admin » Monday February 23rd, 2009 5:30 pm MST

:h: Vzeng1 & Hksimmons:
A couple of corrections are in order for this topical thread.
  1. You were correct in stating, “it is impossible to "leave behind" a land patent”; however, the reason is because the land patent is what it is. It is a Patent. That means the instrument was irrevocably, unchangeably cast as if in stone. It simply exists and its effect is permanent in accord with its own terms, which endure “forever”. Thus, it cannot be left behind because of its own terms.
  2. We contest the phrase, “take up the patent in your name”. This also is impossible. The land patent and its effect is unchangeable. It is the Title to the Land and it self-defines the parties named on it—thus, that definition cannot be changed by anyone ‘taking up’ anything. If your name is not rightfully on it, then you have no right to it now or forever.
  3. Respectively, Team Law does have the ability to help people learn how to secure their rights that were lawfully assigned to them; which is exactly why we published the articles referred to in your posts.
To address these matters with any greater depth than this would require Team Law beneficiary support.

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