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Originally Posted by redpilltaker
Hey Jerry,
I was going through the thread, and a question popped...if a WD signifies a grant from the prior owner, are we not speaking about a series of people that would fall under the category of "an assingee"...presuming that we are not heirs....so the original patent would not really be cancelled would it?
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Pat, you are correct for the most part, probably the greater part, if I am reading your questions correctly. The WD would in fact name you as an assign in a sometimes very long series of assigns. This assign(ment) does not in fact transfer the Title to the property. In the case of the Homestead Act, the WD provides and 'entitlement' to be granted a new patent. What the WD does, is provide to you as an 'adverse possessor', an equity interest in the improvements and appurtenances located on the land. This equity may or may not be recovered if the WD is challenged by the heirs.
If you are in possession of patented land that is not an inheritance of yours (you are not an heir), then there are provisions that would allow you to eventually become the new patent owner for the section of the patent that you do possess. It is a long procedure and would as a matter of law require you to loose any 'freehold' 'allodial' aspect of the land that may have originally been assigned to the land.
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Originally Posted by redpilltaker
since the original patent was a lot of land originally?
Most of us are talking about holding land that is what, an acre, maybe 5 or 20...or like me, about a third of acre...aren't we just attaching ourselves to a portion of the original patent as the "latest" or "assigns"?
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Yes that is correct. The property that I am working on consists of 159.81 acres. It is under a patent that was issued in 1892, Homestead Act.
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Originally Posted by redpilltaker
Here's what I want to know....has anyone got some recognition from the USA government that their land is theirs...free-hold?
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There are numerous cases cited within the download section regarding land patent cites, that confirms that many people have been granted that recognition by the Federal government. One of the more recent is the Summa case cite.
I am currently working on the process of re-claiming land that is held in adverse posession by persons that are only holding equitable title (WD) to the land. That is nothing more than color of title and does not override the right of inheritance. The next phase of my endeavor is giving notice of ejectment. This is a formality, and will probably result in litigation wherein we (our family members) will concede the use of some of the land on a temporary basis so that people that were duped, will not suffer a total loss. I have met some of these people and they appear to be average Joes who have retired and put their life savings into the established property that they were hoping to someday be theirs. I cannot be so calloused and uncaring as to force people older than me to give up their hope.
I invite you to give me more details on the land that you are endeavoring to claim. If you do, then I would be able to give you more information that could assist you in your endeavor. If you prefer off-list communication, email me at
eradicatecorruption@hotmail.com