Quote:
|
Originally Posted by Lawrence
I recently read that there was an option to claim land vacant of law or people under the doctrine of terrus nullius... comments appreciated
|
The land in the US was granted to to many different entities. Some by treaty, some by purchase, some by war acts. The grants that went to individuals by name, gave petent to such people. After the war with England, new territories and purchases placed the land under the ownership of the Fed. As people moved West, the patents were issued in homestead, and in other grant and sales. The lands that should have been the Indian's was bought by the government, and on occasion, private contracts with tribes. Terrus Nullius is petty much administered by world courts today(THE U.N.) and has only been brought up a few times ( in Australia, Japan, and areas in the near East and African desert area. Since the gov. holds title to BLM land, I don't think you could claim abandonment or any type of adverse possession, as what court could possibly have jurisdiction? The land is possibly a reserve, a park, or when in doubt, title is in the Fed. The properties identified as abandoned are usually on huge cliffs, swamps,or in the desert states, in flood and wash planes. Even the abandoned and reserved properties are tracked by the recorders and the assessors, in city and county and state jurisdictions. A thing to keep in mind is that the mineral rights, even on patented property usually is retained by the FED. Anyone can apply for leases on Blm properties for mining etc. and people will tell you if you enter a shack or the mine, you may well be shot (legally, I think). If you think about it when you purchase land, ask for the price to release all mineral rights. I met a man here in Arizona, who picked up 125 acres for tax default, got the mineral rights and some prospectors found veins of silver ,valued in potentially millions.