A short foundational course on Title and Property Rights especially as they relate to Land:
When dealing with sales contracts in general, a Title to property is proven by its receipt or sales contract. When you buy a bag of oranges from a store, the cashier gives you a sales receipt. As the value of the property increases more secure forms of title are used to insure that the seller has the right to sell the property and that the buyer has lawfully acquired the property. For example, when you buy a new car from a car dealer, the dealer uses a sales contract; and when the agreement is complete and funded the manufacturer includes with their documentation a Manufacturers Statement of Origin (MSO), which is a document that references where the manufacturer acquired each component of something they manufactured (thus providing evidence that they had the right to sell it). Your “Title” to the bag of oranges is your sales receipt. The Title to a car is the completed and executed Contract for Sale showing that the contract is paid in full. Some people ignorantly have the opinion that their title to their car is the “Certificate of Title”, issued to them by the corporate state; it is not. The “Certificate of Title” is merely a Title Insurance evidence of Title.
Land Title was historically the most significantly tracked private property known. Up until the 1940’s, when you acquired a parcel of Land in the United States of America, you received the complete set of transfer documents from the Land Patent to the present, with the Land Patent on the bottom and every transfer document between its issuance to your present Deed signed and sealed on the top, wrapped in hide, velum or parchment to secure that such documents would endure. Today, people know next to nothing about either Land or land rights; instead they rely on their Real Estate Agent and Title Company (with its attorneys) to make sure all of the paperwork is done right. Thus, when Escrow closes, they get a Warranty Deed and a Title Insurance policy; and, with that, they think their Title is secured.
Then again, that opinion depends on what “secured” means. In this case, “secured” means if the title to the property appurtenant to the land is not valid the title insurance company will pay the amount secured by the title insurance policy; which payment will also be limited by the conditions of the policy. Hopefully such a payment will provide enough funds to pay off the original first mortgage’s outstanding balance—it is not likely to do much else and you still lose the property.
We know of one case this year (2005) the funds were paid in full at closing and the title company completed all of the documents to the satisfaction of all parties. The title company now needed to file and record the documents and they would be mailed to all parties. The bank that had held a mortgage with the Seller completed their documents and mailed them to the Seller and to the County Clerk and Recorder, but no documents were ever sent to the Buyer. After a couple of months the Buyer tried to contact the Title Company to find that they had gone out of business and the County Clerk and Recorder had no record of the transfer to the Buyer. They had record that the property was free and clear of all liens and encumbrances but it remained on their records as the property of the Seller. About a month later, the Title Company was restored back into business, but they had no record of the missing records. Luckily, the matter was ultimately resolved and proper records were generated and recorded at the County Clerk and Recorder’s Office, but it could have ended very differently. The problem, these people did not receive their original documents at closing. Also, Title Insurance is only as good as the company guaranteeing the policy.
100 years ago, people would have thought it insane to place such trust in a company!
To understand what happened to proper land transfers we must learn a bit about history. Up until the Mayflower landed at Plymouth Rock there were no successful colonies founded in this new land. The fort at Jamestown had been built but every year virtually everybody sent there died. The people considered being sent to the Americas by the British or the French was rightfully considered a death sentence. The King of Great Britain had to come up with a way of getting people to willingly come here; so, he offered what the British people called “The King’s Folly”, which were Land Grants made Patent. They people called it the King’s Folly because the most primary difference between the King and the people is the King owns all of the Land. Thus, when a king grants Land to a freeman the act itself acknowledges the man is sovereign with his own domain, which is the right to self-govern his own private Kingdom! Such a thing would be pure folly for a King. Accordingly, men were willing to risk everything to come here to secure such a right of Kings or die for the honor.
When a group of people, called “Puritans”, who had fled to Holland to avoid the King’s religious persecution, learned of this “folly”, they recognized it as the only way they could truly live free and worship God as they chose. So, they moved back to England and for several years negotiated for this “Land Grant made Patent” with the full right of self-rule. The problem with their negotiations was that they had little funds and could not pay for their passage to the new land. In the end, they got everything they wanted, the Land Patents, self-rule and passage but they had to pay for the passage with 50% of their production from their land for seven years.
Initially the King of Great Britain called this whole continent “Virginia”. But once the Puritans landed, they flourished and new cities sprang up all over the place. Seven years after the Mayflower landed, in “Hartford, Connecticut”, the people from three principle cities, formed a Constitution to establish a Union they called, “United States of America”. From that time until the present, in The United States of America, Title to Land is passed by a Land Grant made Patent—also known as: Land Patent.
- Thus, the Land Patent is the actual Grant of the Land; and, the sovereign signature and patent seal on that Grant secures the title of the Land to the parties named on the Land Patent (a.k.a. “Land Grant made Patent”). Thus, the Land Patent is also the actual Title to the Land described on the Land Patent. Accordingly, the sovereign’s signature and patent seal locks the Title as it stands; and so, forever bars any changes to said Grant; which is exactly what “made Patent” means (in the usage: “Land Grant made Patent”). In case anyone missed that, be careful to notice: “The fact that the Land Grant made Patent is so patent sealed, it cannot be changed; which means it cannot be “updated” or “brought up” in somebody’s name or otherwise, in any way changed.”
Again, to this very day, in the United States of America, Title to Land is passed only by Land Patent, which secures that Land to the named party and to their heirs and assigns forever. Thereafter, subsequent deeds color the Title with proof of the chain of assignment of the Patent secured land as it is assigned to new owners and heirs of the original land patent holder. Like the MSO an Abstract of Title can exemplify the unbroken chain of assignment from the Patent to the present Deed, but a “Perfect Title” consists of the actual Land Patent and chain of Deeds (or certified copies of the same) from the patent to the present. Therefore, land rights in the United States of America are always secured by Land Patent, which Title is proven by its Perfect Title or exemplified by a Certified Abstract of Title to the present.
The federal courts have made it quite clear, “The patent alone passes land from the United States to the grantee and nothing passes a perfect title to public lands but a patent.” Wilcox v. Jackson, 10 L.Ed. 264. The United States Supreme Court has also ruled, “State statutes that give less authoritative ownership of title than the patent cannot even be brought into federal court” Langdon v. Sherwood, 124 U.S. 74, 81 (1887). Which ruling followed a long chain of case law with rulings like this,
Today, when people learn about Land Patents and the power secured within them to preserve Land and property rights, they want to get a Land Patent thinking it is something they have to acquire separately from their conventional Deed. However, in most cases their existent Deed is the color of title document that proves their right to the Title to the Land, which Title is the very Land Patent they seek. In all likelihood, that patent was issued over a hundred years ago.The Supreme Court at Hooper et. al. v. Scheimer, 64 U.S. 235 (1859) wrote:I affirm that a patent is unimpeachable at law, except, perhaps, when it appears on its own face to be void; and the authorities on this point are so uniform and unbroken in the courts, federal and state, that little else will be necessary beyond a reference to them. … Once perfect on its face [a patent] is not to be avoided, in a trial at law, by anything save an elder patent. It is not to be affected by evidence or circumstances, which might show that the impeaching party might prevail in a court of equity. A patent is evidence, in a court of law, of the regularity of all previous steps to it, and no facts behind it can be investigated. A patent cannot be collaterally avoided at law, even for fraud. A patent, being superior title, must of course, prevail over colors of title; nor is it proper for any state legislation to give such titles, which are only equitable in nature with a recognized legal status in equity courts, precedence over the legal title in a court of law.
- Regarding our usage of the term “color of title”:
From The Cardinal Rule of Definitions you should understand dictionary definitions are not definitive; rather, they merely provide limited examples of usage. All too often people fall prey to marketers allegations regarding the usage of a word to promote their marketing (see: Patriot Mythology). Marketers quote dictionary definitions to imply the only meaning of the phrase “color of law” is something like: “the appearance of having title to personal or real property by some evidence, but in reality there is either no title or a vital defect in the title.” In reality the phrase is most commonly used quite differently. The word: “color”, when so used merely means ‘changes or is changed by’. Thus, the term “color of title” as we used it here merely means that the Deed shows the change in the chain of title proving the assignment of title referenced in the land patent. Respectively, to know who the “assigned” are that are named as owners of the land in the land patent, one must review the deeds (color of title documents) that prove that chain of assignments. Thus, to properly understand such dictionary definitions regarding “color of title”, we must also understand that unlike the Land Patent (which is Title), the Deed is not beyond reproach; instead, if it is a legal and lawful instrument, it merely provides evidence of that which was secured in the land patent itself. Therefore, though a party may have a Deed to a parcel of land, that deed does not necessarily prove the party actually possesses Title to that Land as well; there may have been subsequent owners and or the rights therein attested to may not have come from a rightful source. Thus, the color of title documents do not become complete without all of the respective documents that would properly be in the set of document that provide Perfect Title.
You may remember from the Supreme Court case last cited above; the state legislatures cannot even pass statutes that regulate or control Land transfers or land ownership. But, the property appurtenant to land is definitely a different matter. Such property can be bought sold and traded at will and such transactions can be set in commerce, which can be statutorily controlled. Such transactions are called, “real estate transactions”. Real estate statutes are completely different from Land Law, which is why real estate agents, real estate attorneys and title company agents are not typically educated in Land Law. To so educate such real estate professionals would be counterproductive to the banking industry and mortgage providers and their requirement for title insurance protection in all such transactions.
To understand the difference between “real estate” and “land” we note, by definition:
Land patents secure two separate kinds of property rights: appurtenant rights and hereditary rights; which two types of rights also include two separate kinds of property: tangible property (Real Estate) and intangible property (Land). When the tangible property is owned by a different owner than the intangible property the land is held in a “Feudal Title”; meaning a conflict of interest exists between the two separate owners. Such is the case in all Kingdoms. There, everyone recognizes the Land (the Domain) is owned by the King and Queen; and though private parties may own the property appurtenant to the land, such ownership is held only in “feudal tenure” (subject to the King’s domain). So is the nature of any land and property ownership when the land and property are held by separate owners.Peter Butt, Land Law 9 (2nd ed. 1988) wrote:’Land’ is not restricted to the earth’s surface, but extends below and above the surface. Nor is it confined to solids, but may encompass within its bounds such things as gases and liquids. A definition of ‘land’ along the lines of ‘a mass of physical matter occupying a space’ also is not sufficient, for an owner of land may remove part or all of that physical matter, as by digging it up and carrying away the soil, but would nevertheless retain as part of his ‘land’ the space that remains. Ultimately, as a juristic concept, ‘land’ is simply an area of three-dimensional space, its position being defined by natural or imaginary points located by reference to the earth’s surface. ‘Land’ is not the fixed contents of that space, although, as we shall see, the owner of that space may well own those fixed contents. Land is immoveable, as distinct from chattels, which are moveable; it is also, in its legal significance, indestructible. The contents of the space may be physically severed, destroyed or consumed, but the space itself, and so the ‘land’, remains immutable.
When all right and title to land and the property appurtenant to it are held by the same person, beholding to none other, such ownership is known as an “Allodial Title”, which is the opposite of a feudal title—the same is also known as “absolute simple fealty”, which is also abbreviated as “fee simple”, or simply, “in fee”. You must recognize the word “fee” has nothing to do with a price; rather, it is derived from the word “fealty”; as in simple fealty, which means both the Land and the property appurtenant to the land are held by the same owner.
‘Land’ is described by its two dimensional boundary with extents that go from the center of the earth to the heavens above, such a two dimensional boundary is described in the Land Patent that secures a specific parcel of Land and its contents as “hereditaments”. “Appurtenances” may also be inheritable and are separately secured in the Land Patent and are defined as ‘that which pertains to the land; including anything that fills that space defined by the Land description; for example things like: air, dirt, chemical deposits, minerals, shrubs, trees, buildings, water, fish, livestock, wild animals and private property sitting on the land, etc.’ The Land Patent expressly “grants” these patent secured rights to the named patent recipient and to their heirs and assigns, forever. That means that the property (real estate) sitting within the borders of the Land is land patent secured to the lawful patent holder. That means if one receives assignment to such land through a Perfected Deed they already own it from the time the Land Patent was initially made and granted. That is why land, in this country, cannot be bought, sold or traded. A ‘Perfected Deed’ is one attached to all of the land assignment documents (Deeds, etc.) from land patent to present. It can be created by securing a competent abstract of title and then getting certified copies of each transfer document from the patent to the present and attaching them all both to a certified copy of the land patent and to the actual current deed or a certified copy of the same.
So, what is it that one pays for when one acquires land via purchase?
One pays for the appurtenances to the land. You see, even though the property appurtenant to the land is granted in the Land Patent, it is removable from the land and therefore has a specific value separate from the land; therefore, it is separately marketable for a price (contractible).
At this point, we must interject a bit on contracts to be certain you understand what contracts are and how they function. A Contract is defined by four elements:
- a giver;
- a receiver;
- valuable consideration over time; and ,
Land patents do not limit the ability to contract. Wherefore, one can contract to subdivide land and separately grant it to others, or sell off any part or the whole of it at will while keeping the remainder, or use any part of the related appurtenant property as collateral for debts like: property taxes, mortgages, credit cards, etcetera, even though there is no conveyance of the property from the Land unless or until a default to the contracted payment plan occurs. Even though a subdivision may so occur, the original Land Patent still applies to the whole parcel of land granted in the assignment and secures each subdivided part with equal power as if that part had been granted separately by the Land Patent to the respectively assigned landowners (and property owners, where applicable).
Mortgages are purely contractual. With most real estate mortgages, a person agrees to secure the property located on their land as collateral to the debt described in the mortgage contract. The land is not related to the mortgage because it was forever granted freely, in the Land Patent to all of the heirs and assigns of the original landowner named on the patent, with no dollar value; therefore it cannot be bargained or sold. Even so, the person making the contract is bound to the contract and must accordingly meet its terms. If a person in such a mortgage contract fails to meet its conditions, they agree to the default terms described in the contract. If they fail to meet those terms by sidestepping to their Land Patent secured rights, they can be held accountable to fraud. All of this being accurate, the mortgage has absolutely nothing to do with the Land Patent or with securing it.
It is true — when a Land Patent is first issued to its named party there can be no mortgage or other limiting contract that would limit the absolute fee simple nature of the land or its appurtenances. However, once the land grant is secured by Patent subsequent mortgages related to the real estate located on that Land are not relevant to the Land Patent or to its assignment. In fact, you may notice, the process of getting a real estate loan requires that you must already own the Land and its relevant appurtenances or the bank will not loan the funds. That is why, today, when people make real estate purchases using bank loans they must go through a title company’s escrow.
Follow the process:
• First — The seller wants to sell and the buyer wants to buy.
• Second — This presupposes that the seller has the right to sell and the buyer has the funds to buy. <div align="center">For the seller to have the right to sell he must have “Title”. </div> In most cases today the seller does not know if he has Title or not because all he ever received was his Deed and a Title Insurance Policy (which means a title insurance company secures that the last purchase of that particular real estate had no problems with the sale or conveyance to the party the buyer is securing the property from and if the title is not good the insurance company will pay the bank back the funds they loaned). Title to the Land starts with the relevant Land Patent and moves through a chain of assignment from transfer document to transfer document to the current owner—each document from the Land Patent to the present are part of the chain of title with the Land Patent being the actual Title and your Deed being you right of assignment to that Title. A Certified Abstract may stand as evidence of your Title and may be acceptable by a Court, but a proper complete Title will include either the original documents or certified copies of the same from the Land Patent to the present.
At this point, you may notice that if all we are dealing with here is the sale of real estate the Land may not be included. The landowner could effectively sell the real estate, reserve the Land and even begin charging “ground rent”, which you would have to pay or you could be evicted from the Land.
For a buyer to meet the conditions of assignment he must have the funds necessary to meet the seller’s conditions. If the buyer does not have sufficient funds, he may use bank funds but the bank will require him to secure the loan with the Real Estate. In order to do that the bank will authorize such paperwork as to guarantee that if the buyer can secure the transaction the bank will provide the funds. With that escrow opens:
• Third — The Title Company’s Escrow opens:
- To open escrow:
- The buyer and seller provide the Title company with their contractual agreement;
- The seller provides his title to the land, which includes either his abstract (uncommon today) or his Warranty Deed and his Title Insurance Policy;
- The buyer provides his personal information and the banks guarantee of funding.
- the seller’s agreement requires that he will grant the Land to the buyer if the buyer can pay his price for the appurtenances to the land (Real Estate), which is proven with the banks performance agreement so the seller grants title to the Land to the buyer;
- the buyer now has the right to the Land and the Real Estate; and,
- the Title Company sells the seller a new Title Insurance Policy for the buyer and the bank
- the Title Company provides the bank with proof of the Title Insurance Policy and assurance that the buyer owns the respective Land;
- the bank provides the loaned funds to the seller for the buyer;
- according to contract the Title Company generates a respective Trust Deed related to the Real Estate to secure the mortgage to the bank with the appurtenant property (not the Land)
- the seller is given certified bank funds;
- a Trustee for the bank is given its Trust Deed to secure the mortgage;
- the bank is given its copy of the new Title Insurance Policy and its copy of the Trust Deed;
- the buyer is given the Land with control of the property (Real Estate, i.e. property, i.e. appurtenances), the Title Insurance Policy and his copy of the Mortgage and the respective Trust Deed;
- the Title Company records all of the appropriate documents with the County Clerk and Recorder; and,
- the County Clerk and Recorder returns the document to the parties as per the instructions from the Title Company.
The same thing goes for property taxes, ‘Land Patents have nothing to do with property taxes.’ Of course, that also means that whether or not you have or have ever had property taxes related to real estate ownership, such taxes have no relation to your having received a Land Grant or other assignment secured by a Land Patent.
Nonetheless, the other property ownership limitation people generally concern themselves with is still property taxes. In fact, property taxes are also purely contractual. They are not constitutionally controlled, that is to say, they do not have to be uniform, apportioned or excise in their nature, because they are contractual. They are often, if not always, related to the Voter’s Registration contract. To understand property taxes, it is helpful to understand that the STATE OF ‘X’ (where “X” is related to a common State name) is a private corporation. Signing up as a registered voter is a voluntary choice. Once a person is a registered voter they become a participant in collaterally securing any property tax issue passed by the voters to any property they have in that state. This is why those in positions of governance always call this country a Democracy—because if 50%+ of the registered voters vote for a bond issue, all of the registered voters are subject to it.
Some people participate in property taxes already attached to a property by a previous owner when they acquire the property from the previous owner. They do this by accepting the obligation to pay the property taxes for the remainder of the year.
That is why most of the STATE OF ‘X’ entities charge their property taxes in arrears because so doing means the years taxes are not due and payable until after the year is over—if you close your purchase at some time that is not at the year’s end the taxes that were already contracted to by the previous owner would not have been paid so the seller agrees with you that you will pay them as a condition of the sale. When you pay those taxes, you become the contracted party to pay them as time goes on.
The final way people contract to pay property taxes is the Corp. State sends out an assessment even though they have no existing contract for payment and the property owner pays the assessment, which payment stands as a signature act on the contract to pay the property taxes from that day forward. In any of these conditions, the obligation to pay according to the voter’s registration contract is secured, regardless of whether the payer is a registered voter or not.
Zoning and Building Codes are a direct result of property taxes. When you put your property up as collateral to secure your payment of your contractually obligated property taxes, the Corp. State receives, from you, the authority to secure the value of your property with appropriate zoning regulations and building codes. This related element of control should be self-explanatory. To eliminate the Corp. State’s authority to control your property through such statutory controls one would first have to eliminate any related obligation to property taxes.
The key to eliminating property taxes is, eliminate the contract.
To dispel the myth that property taxes cannot be eliminated, first remember, “People make contracts, property cannot.” That means the obligation to pay property taxes is bound to the person so obligated and not to the property. People eliminate their obligation to the property taxing contract everyday by selling the property.
The best way to eliminate the contract is never to enter into it to begin with. When we acquire Land, and its respective property, we always privately pay with real money (gold or silver coin) for the purchase of the appurtenances to the Land; and we make sure we get the full assignment to the Land with a true Title to the Land (a Certified Abstract not simply the alleged assurance of Title Insurance); we also, make sure the Land and its appurtenances are free and clear of all encumbrances before closing.
If you entered into a property tax agreement, either as a registered voter or by accepting it from a previous contractor (or assessment) then one would need to eliminate the contract after the fact. The best way to do that is to prove the other party violated their fiduciary accountability to the contract thus breaching the contract. The easiest way is to eliminate the contract is, simply pay it off. At Team Law, we help people learn how to learn the law so they can learn to properly perform these and other proprietary methods of handling such matters (some of which are very simple).
With this informational foundation laid, we can now show you how to secure your Land Patent secured rights.
Securing a Land Patent is a bit more complex than simply having it properly assigned to you. Think about it: ‘if someone gives you a gift and you choose not to accept it, to whom does it belong?’
It still belongs to the giver.
That is the problem inherent with Land Patents. They are grants; and, should you not accept the gift (grant) it still belongs to the giver. The biggest difficulty most people have today is that they did not get a Certified Abstract when they acquired their property so they do not even know if they have any Land rights and they have never seen or read the Land Patent itself and are often unaware that it exists. How could they have possibly accepted a gift they know nothing about? If a contest was raised challenging their title to the Land, they would not even know how to fight it, let alone know how their title was secured. We use copyrighted documents to secure that acceptance. Our documents have been the base of successful Land Right reviews for over 60 years.
If you did not secure a Complete Title of original records or a Certified Abstract of Title to your Land, you cannot prove your actual ownership of it if that ever becomes necessary. If you have title insurance, it will not protect any rights you may have to the land or to the property appurtenant to the Land. In a title battle title insurance will only cover the cost of the property when you purchased it (it will not cover its current value) and then only if the title insurance applies. Many title insurance policies exclude land patents. The only way you can prove ownership in a title battle is with proof that you have full title to the Land, which is only secured by the land patent and the chain of title from the land patent to the present. To secure your acceptance of the Land Patent(s) granted with your Land you must be able to prove it was granted to you; to do that you must have either the actual documents or certified copies of all of the land transfering/assigning documents from the patent to the present. Accordingly, it is always best to perfect the Title with a complete certified Chain of Title from the patent to the present. However, assuming that the chain of title is correct, to secure your acceptance of the Land Patent(s) related to your Land you can follow these:
Steps to secure your Land Patent
- First — You must have a true right to the land, i.e.: Warranty Deed, a well supported Quitclaim Deed, documented Assignment, Inheritance, etc.
- Second — Find the land description on your right to the land and get it into land patent format. Land descriptions on Land Patents are almost all recorded in Section, Township and Range format (hereafter “STRf”) or in “meets and bounds” (hereinafter “M&B”, a geographical description that starts at a known point and follows with a description of angles and measurements around the perimeter of the land). If the legal description of your land on your right to the land documents (hereafter “Warranty Deed”) is not in STRf, then you need to get it into that format for your Land Patent Claim documents (unless the land patent is in M&B). To do that you need to trace the legal description on your Warranty Deed back to STRf. For example, if your Deed says, “Lot 3 of the Titillandus Subdivision as recorded in the Gryffindor County Land Records”, then you go to the Gryffindor County Clerk and Recorder’s office and find the Titillandus Subdivision’s plat map. Find Lot 3 and locate the Section, Township and Range that include that Lot. Get a copy of the County’s original plat map of that subdivision (not a computer generated composite); you will especially need the part that legally describes the land; it is usually on the first page. That part is called: “the legal”; and, it usually lists the Land description in STRf. While you’re there it won’t hurt to get a couple certified copies of your Warranty Deed from their records.
- Third — With the description of your Land in STRf or M&B, you’re ready to go acquire a copy of the appropriate Land Patent for your Land. This is done by taking the legal description of your Land, in STRf, to the Bureau of Land Management (BLM) and asking them (in their Land Patent records office) for a Certified copy of the Land Patent for the land represented by your Land description including, Section, Township, and Range. It’s a good idea to get at least two certified copies of the appropriate Patent and a copy of the “Patent Plat map” for the particular Township your land is in.
- Fourth — Now that you have certified copies of your Land Patent and certified copies and or originals of your Warranty Deed you’re ready to send those certified copies to us for our completion of your Land Patent Acceptance documents.
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- The people learn the law and follow it to legally and lawfully reseat the nation’s original jurisdiction government seats; and,
- Together we restore our society with an environment such that we and our children’s children will understand Law, government and politics as well as or better than the founding fathers did.
We hope this information is helpful to you and look forward to hearing from you again soon. To take the next step you may download an order form and contact us through the following link: Order Form. Our physical mailing location is on our order form. If you simply want to contact Team Law, send your e-mail to our trustee through this link.
We hope this information is helpful to you and look forward to hearing from you soon.