After some research, this is what I've found on the subject:
1) Get 3 certified copies of the origional land patent and 1 certified copy of record of government survey (if available) for the legal description of your property. Request "best copy available" from national archives. Expect to pay $30 for a copy and get it in 1-3 weeks.
2) Record 1 of these certified copies of the origional land patent with the county recorders office. The recorder number will be the land patent number you will refer to in your Declaration of Land Patent.
3) Determine the legal description of your property (from tax statement, deed, real estate contract, or tax assessor's office) to which you are an assign. Get property description narrative (get range #, township #, section #, get quarter section in metes and bounds)
4) Research the assigns (i.e. heirs, owners), on the property back to the origional issue of patent. Discover the chain of assigns pertinent to your portion of the land patent and attach to your Declaration of Land Patent.
5) Prepare a Declaration of Land Patent and update it in one name. It cannot be updated in two names, nor in the names of a husband and wife, otherwise it will cloud the title in case of a divorce. Other equitable arrangements can be made to further sub-divide the ownership or allodial title of the property, or it could be put into a trust. Declaration of Land Patents must be updated in the name of a real individual, not a legal fiction. No legal "persons" are allowed to hold title to property, you cannot allodialize property in the name of a trust, corporation, or non-profit.
6) Record the Declaration of Land Patent in either your county recorder's office, register of deeds, or with the bureau of records and conveyances of your common law court. Notorize or witness all documents. Do not send checks or cash. Use postal money orders or gold/silver certificates. Note: conveying title with negiotiable instruments voids the allodial title.
7) After filing, send a copy by certified mail return reciept requested as a Notice of Declaration of Land Patent to your bank or mortgage company, or to any parties with equitable interest in your property including the county tax assessor.
8) An alternate method to notice the other parties would be to publish a Notice of Declaration of Land Patent in a legal publication in your county (once a week for 3 weeks, or for the full 60 days.)
9) Post Notice of Declaration of Land Patent at the 4 corners of your property and leave them posted for 60 days (witnessed)
10) They have 60 days to challenge your claim to the allodial title, or forever keep their silence. An allodial title is the highest title to property.
If you see any errors in the above, or care to elaborate, please let me know.
