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Old 10-25-2005, 05:18 AM
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wisper wisper is offline
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Join Date: Jun 2005
Location: AZ
Posts: 140
Am I missing something?

The land patent, is if I understand the issue, is just clear title to the land, granted in patent to the original owner, by the land office and approved by the president. If I update the patent and bring the patent forward as an heir or assign, by abstract completion and demonstrated acceptance I have the the dirt and the air above it. How does one get to the point of including other property (like a home) under the protection of the patent. It would seem logical to me with a home sitting on the patented land, that the patentee would be hard pressed to get any 1st or 2nd mortgage, (on the home) because the bank would be in second or third position on it's lien , if they were to make the loan. I may be wrong, and if so, tell me, but I have been of the impression that all the patent was going to do for me was protect against eminant domain, keep the utlity companies and city/county employees off the property and free me from permits and possibly property taxes. I have put together the patent paperwork, and I own outright the home sitting on it, but so far, here is what I've found: 1) If I don't follow the the building codes and get the proof( through the permit process) then certain significant items are denied me. 2) The utility ( water) won't provide the water mains without the easements established by the Planning & zoning dept 3) P&Z demands a site plan to include all utility locations to establish the easements, not just on my patented land, but for the properties on the four sides of my property. 4) when I entertained bypassing an approval of a county site plan on my property, the county let me know that I would be shooting myself in the foot, without all the necessary approval, if I ever had to sell, the new owner would have to update and pay for what I didn't do, or the title insurance would be stopped and 5)the power company would not provide power to the home without a county inspection on the site, otherwise they would be liable to additional liability for which their lawyers won't accept.
In conclusion, I have gone through the expenses and time it took to get the patent sandwich together, I paid cash for the land and for a new manufactured home, there are no banks involved, it looks like the county would be willing to fight to keep the property on the tax roles as they have been for almost a hundred years, so here I am wondering why I got involved, and thinking that even the tax role thing would be significant only in a large metro area. Am I missing something?
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