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Old 02-23-2006, 08:16 AM
jerrypitts
 
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"The patent specifically grants the described lands to the party named on the patent and to their heirs and their assigns forever.
The party named on the patent then passes the inheritance, grants, or assigns the patented lands to someone else, which heir or assignee is now named on the patent by that assignment. The documents that demonstrate such an assignment are often called, "Deeds".
Because the granter can not compel you to accept the assignment it is necessary for you to take some action to signify your acceptance of the assignment. For this reason we use Team Law's copyrighted "Declaration of Land Patent".
Once you have accepted the proper assignment of the Land Patent with proper documentation, you are named on the physical Land Patent where it says, "and to his heir and assigns forever".
It doesn’t matter how many times the land is reassigned. The patent by its own creation lasts "forever" and belongs to the named party "and to their heirs and assigns forever".

The deeds that you speak of ONLY demonstrate that the current occupier of the land has an equity right on the land. The deed does not connote ownership of the land. As you indicated, only the Patent can demonstrate that perfect ownership. IF the current occupant (being the one listed on the deed) does not exercise his/her right (entitlement under the particular act of Congress granting the patent) to accept the assign(ment) then he/she is still lacking in having a perfected Title to the land. As such, the land is still in the name of the original Patentee and his/her heirs or assigns... Heirs having primary right over the assign, especially when the assign does not desire to exercise his/her right (entitlement) to a Patent.

Jerry.
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