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Originally Posted by idknow
if the land is still subject to taxes, then the land is still encumbered and not the patent is "cursed"
(i dont have the proper word atm)
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Patents issued under the Homestead act were the most numerous of all the patents. On a particular tract of land here in Florida, inquirry with the state and county officials, indicated that if/when the claim is processed, the county would loose its taxable revenue and the state openly admitted that they currently do not have any interest in the land whatsoever.
Those new patents, as most of this list refer to, are being attempted to be brought forward (out of the name of the original patentee and into their own names), ie. the new patent seeker, is attempting to allocate 1 acre out of a 160 acre original patent. Upon application with the BLM, the old patent (upon approval) would be modified reducing it to 159 acres, and a new patent would be issued to the new patentee.. That new patentee would not fall under the Homestead Act, as it was put on the back burner back in 1976/77.
If you are an heir to the original patentee under the Homestead Act, you can claim your inheritance, if no-one currently on the land has 'updated' the patent thus reducing the quantity of land in the original patent. The Heir would not bring it forward in his/her name, but rather would name him/her/self as executor to the estate of the original patentee.
Under the Homestead Act, the purchaser of a parcel of land that is under patent, has the 'entitlement' to seek a new patent; but when he/she does not seek out that new patent, all he/she is entitled to is the Warranty Deed. An inferrior title to the land.
Jerry.