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Land patent never issued

The mystery of Land Patents unveiled.

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Mountain Goat
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Land patent never issued

Postby Mountain Goat » Wednesday July 21st, 2010 7:42 pm MDT

I have been looking at a piece of property that is being sold by the state I live in. I have researched the land and I am sure it was never granted to an individual by the Fereral Gov't. It looks like it was given directly to the state. If I acquire this property will the Feds issue a patent in my name?

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Re: Land patent never issued

Postby Admin » Thursday July 22nd, 2010 6:32 am MDT

:h: Mountain Goat:
The land grant from the United States to the State will be a patent secured grant. Thus, because the United States has already granted that land to the State they have no authority to again grant that land to a subsequent party. However, you may be able to get a grant from the State and they can secure their grant with a patent. The limitation against that would be the ignorance of the bureaucrats involved in the process. Most such parties have no idea how landownership works; thus, they may not be willing to secure their grant by making it patent. Still, the historical records may sway them to follow the State’s past pattern of making their land grants patent.

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Mountain Goat
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Re: Land patent never issued

Postby Mountain Goat » Thursday July 22nd, 2010 4:48 pm MDT

The info on the state website states a quit claim deed would be issued.

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Re: Land patent never issued

Postby Admin » Wednesday July 28th, 2010 9:06 am MDT

:h: Mountain Goat:
Like we already stated, the Grant from the United States to the State was a patent secured grant. It was likely made when the State was formed but could have come as the effect of a subsequent Act of Congress. Subsequent to that patent secured grant, the State may have patent secured their grant of the land as well; but, that could only be discovered by reviewing the transfer documents issued by the State.

We hope this information is helpful to you.
Tell everybody about Team Law! :t^:
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As with all Forum posts, comments made by Admin are:
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