farmer
There is one issue I keep harping on and that is jurisdiction. The
de jure and
de facto cannot be mixed. Once they are, the inferior of the two controls.
Real estate is something that means the same in both jurisdictions. How it is applied in each is where the differences occur. One is regulated by statute the other by contract.
In the
de jure jurisdiction the contract is the law. In the
de facto jurisdiction the contract is merely an addendum to a much larger contract that includes statutory requirements. It exits out of the operation of law, a quasi-contract.
Quote:
Originally posted by farmer
It comes down to- take the scenario posed by Lawdog: the sheriff shows up looking to evict you from your property so you contest this in court. Will it fly?
There is a doctrine of "gaining possession in the ordinary course of business, which Lawdog refers to as "notice".
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Notice is a statutoy construct that only applies to entities. If you look at the history of real estate transfers before recordation, you will find that the abstract of the property (the originals of the chain of title) followed its new owner. It is part of the property. Today, what you get are certified copies from the recorders office. Not from the
de jure recorder, but from the
de facto real estate division that has been established to handle statutory transactions.
Why do you suppose that land and real estate are required to be recorded? Because there is a permanancy factor that other commodities do not retain. More importantly is the control factor. Control the land and you control the man. It works perfectly, don't you think?
In Lawdog's scenario where the sheriff comes knocking, there can only be one defense, jurisdiction. If you have possession and title to the land with a properly accepted land patent, there can be no question as to who is the rightful absolute owner. The sheriff is without jurisdiction, as are any potential plaintiffs or supposed courts. They all presume that an entity is the subject of their actions.
Once you've stepped beyond jurisdiction you're in statutory territory and it is uphill from there.
Quote:
Originally posted by andrewmitch
Given that all courts are merely an extension of the corporate governments I can't see how the battle can be won. Having said that, I think the crux of most of our battles begins w/ getting our cases tried in Common Law Court; and I have no idea of how to make that happen....
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No, the crux of the battle begins with keeping youself out of
de facto courts.
gldskr