Private property versus Estate
ALLODIUM - "Land held absolutely in one's own right, and not of any lord or superior; land not subject to feudal duties or burdens. An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof. "
- - - Blacks Law Dictionary 6th edition pg. 76
Is this what we want?
Most people impair their right to own because they presume "All land" is real estate. In fact, there's a specific note in the definition for land (see below) that an estate in land is land for a time, not perpetual.
"REAL ESTATE .... is synonymous with real property"
Black's Law dictionary, sixth ed., p.1263
"REAL PROPERTY ... A general term for lands, tenements,
heriditaments; which on the death of the owner intestate, passes to his heir."
Black's Law dictionary, sixth ed., p.1218
"ESTATE - The degree, quantity, nature and extent of interest which a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein."
Black's Law dictionary, sixth ed., p.547
As you can see, estate is defined as real property, which is "real" estate.
Contrast with:
PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels.
- - Black's Law dictionary, sixth ed., p.1217:
Who is the owner?
Real Estate => person
Private property => individual
Private property is owned absolutely by an individual.
Estate is the interest in property by a person such as a
corporation, or a tenant.
Private property is "houses, lands, and chattels" owned
absolutely by an individual.
Real estate / Real property is "lands, tenements,
heriditaments" a person or tenant has an interest in.
WHAT IS INTEREST?
INTEREST - ...More particularly it means a right to have the advantage of accruing from anything ; any right in the nature of property, but LESS THAN TITLE.
Black's Law dictionary, sixth ed., p.812
Title - "The formal right of ownership of property..."
Black's Law dictionary, sixth ed., p.1485
Real estate / Real property is "lands, tenements,
heriditaments" a person or tenant has NO formal right of ownership of property - only the advantages from it.
PROPERTY TAX - "An ad valorem tax, usually levied by a city or county, on the value of real or personal property that the taxpayer owns on a specified date."
Black's Law dictionary, sixth ed., p.1218
Hmmm ... real property = real estate = estate. Please note that the tax is levied upon the taxpayer, not the land. Land has no duty to pay a tax.
This explains the recent Supreme Court ruling on the condemnation of estate for private parties, under eminent domain. No private property issue was before the court.
Likewise, unpaid taxes on "real estate" can result in confiscation, whereas private property is defined as being protected from being taken for public use without just compensation. Sadly, most Americans record their "title deed" with the Real Estate registry.
Coincidentally, there is no law compelling the recording of private property. But all "real estate" transactions must be recorded!
"OWNERSHIP - ... Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has the absolute dominion over it... The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted."
- - -Black's Law dictionary, sixth ed., p. 1106
LAND. ... The land is one thing, and the estate in land is
another thing, for an estate in land is a time in land or
land for a time.
- - -Black's Law dictionary, sixth ed., p.877
In no definition that refers to estate is there any basis for the assumption of perpetuity. Qualified ownership explicitly states "limited time". Contrast "for a time" with "absolute ownership". Now, go back to "ALLODIUM" and substitute in the full meanings for words.
Can you grasp the inherent confusion about "Estate held with absolute ownership - for a time" versus "private property absolutely owned." Perhaps our friends in the legal profession wish us to remain confused?
In review of state constitutions, I found that their taxing
authority is specific and limited to "estate" (real and
personal property). If one "absolutely owns" estate, they will still have to pay an ad valorem tax.
No state constitution (that I know of) imposes a tax upon private property.
In the past, I was led to believe "allodial" was the key. But after further digging, allodium can refer to either estate or private property, depending on context. So it is probably easier to use "private property" in the legal sense, than to rely upon "Realty" terms which don't apply to private property.
Realty reference:
http://groups.yahoo.com/group/NASP/f...eal_Estate.htm
FEE SIMPLE - ... an absolute estate... BL 6, p. 615
DEED - A conveyance of realty. BL 6, p.414
REALTY - A brief term for real property or real estate. BL 6, p.1264
A "Title Deed" refers to realty, or real estate, which is an interest in real property, but only for a time, and is not a title to private property held absolutely.
To illustrate further:
From the Texas Constitution:
ARTICLE 8 - TAXATION AND REVENUE
Sec. 1. EQUALITY AND UNIFORMITY; TAX IN PROPORTION TO VALUE; TAXATION OF TANGIBLE AND INTANGIBLE PROPERTY; OCCUPATION TAXES; INCOME TAX; EXEMPTION OF HOUSEHOLD GOODS.
(a) Taxation shall be equal and uniform.
(b) All real property and tangible personal property in
this State, unless exempt as required or permitted by this Constitution, whether owned by natural persons or
corporations, other than municipal, shall be taxed in
proportion to its value, which shall be ascertained as may be provided by law.
The Texas constitution states that all real and personal
property is subject to their taxing power.
PROPERTY TAX - An ad valorem tax, usually levied by a city or county, on the value of real or personal property that the taxpayer owns on a specified date.
Black's Law Dictionary, Sixth ed., p.1218
That definition agrees with the Texas constitution.
In short, the constitutional government of Texas has never, ever infringed upon the private property rights of the people. The constitution specifically lists estate as the property type subject to their power, their rules, and their taxes.
When I did a computer search on the words "private
property", the only place private property is mentioned, is in the section dealing with water works.
In Article 11- Sec.12, Texas Constitution
Sec. 12. EXPENDITURES FOR RELOCATION OR REPLACEMENT OF SANITATION SEWER OR WATER LATERALS ON PRIVATE PROPERTY.
The legislature by general law may authorize a city or town to expend public funds for the relocation or replacement of sanitation sewer laterals or water laterals on PRIVATE PROPERTY if the relocation or replacement is
done in conjunction with or immediately following the replacement or relocation of sanitation sewer mains or water mains serving the property. The law must authorize the city or town to affix, with the CONSENT OF THE OWNER of the PRIVATE PROPERTY, a lien on the property for the cost of relocating or replacing the laterals on the property and must provide that the cost shall be assessed against the property with repayment by the property owner to be amortized over a period not to exceed five years at a rate of interest to be set as provided by the law. The lien may not be enforced until after five years have expired since the date the lien was affixed.
Without consent of the owner, the State or local government cannot affix a lien, nor assess against the property, nor compel repayment. In short, private property and its owner are NOT subject to their
authority.
In summation, private property is still protected from government. But socialists lack the legal standing to absolutely own. A land patent will not change their impaired status, nor protect their non-existent property rights.