I put in a bit of a situation with my land. A builder has put forth a petition to incorporate our community of 417 people. My concern is if he does get what he is after, will a land patent save me from eminate domain. He wants the entire land mass from one end to the other along the hiway. If I owe money on property that my father deeded to me can I still file for a land patent on it.

Please I am in desperate need of something to do against this guy. I am a self suffcient household and want to stay that way!!!

Arkie

[quote=suijuris]STEPS TO SECURE A LAND PATENT CLAIM



To prevent someone from evicting you off from the land you thought you owned, you need to create documents to declare and secure your Land Patent. The following instructions are the steps to create the Land Patent Claim. We do not give legal advice, so we present these instructions for your edification as educational materials only in hope that you will prepare yourself to stand, as our forefathers did, and as the founding fathers of this nation did, with your land, liberty, and rights intact. Now, because you can, let’s do it:



1 You must have a true right to the land, i.e.: Warranty Deed, a well supported Quitclaim Deed, documented Assignment, Inheritance, etc..



2 Find the land description on your right to the land and get it into land patent format. Land descriptions on Land Patents are almost all recorded in Section, Township, and Range format (hereafter "STRf"). If the legal description of your land on your right to the land documents (hereafter "Warranty Deed") is not in STRf, then you need to get it into that format for your Land Patent Claim documents. To do that you need to trace the legal description on your Warranty Deed back to STRf. For example, if your Deed says, "Lot 3 of the Bryerton Subdivision as recorded in the Dexter County Land Records", then you go to the Dexter County Clerk and Recorder’s office and find the Subdivision’s plat map. Find your lot and locate the Section, Township, and Range that includes your lot. Get a copy of the County plat map of the subdivision your land is located in; you’ll especially need the part that legally describes the land. That part is called: "the legal", and it almost always lists the Land description in STRf. While you’re there it won’t hurt to get a couple certified copies of your Warranty Deed from their records.



3 With the description of your Land in STRf, you’re ready to go acquire a copy of the appropriate Land Patent for your Land. This is done by taking the legal description of your Land, in STRf, to the Bureau of Land Management (BLM) and asking them (in their Land Patent records office) for a Certified copy of the Land Patent for the land represented by your Land description including, Section, Township, and Range. It’s a good idea to get at least two certified copies of the appropriate Patent and a copy of the "Patent Plat map" for the particular Township your land is in.



4 Now that you have certified copies of your Land Patent and certified copies and or originals of your Warranty Deed you’re ready to prepare two very important documents to complete your Patent Claim. The new documents are the "Quitclaim Deed" and the "Declaration of Land Patent". When those documents are finished, you’ll be ready to compile your completed Land Patent Claim in the form of what we call a "Land Patent Sandwich." The Land Patent sandwich is a single document compiled of several documents listed top to bottom:



On top, the "Quitclaim Deed".



Your right to the land, i.e. Warranty Deed, Grant Deed, Quitclaim Deed, etc.



a) This document will not be a Trust Deed.



b) If this document is a Quitclaim Deed, you’ll need to place the underlying authority (Warranty Deed) that passed the authority of the land to you under your Quitclaim Deed.



The "Declaration of Land Patent".



The Land Patent itself goes on the bottom.



The bottom to top order is very important! So start on an empty table and set the Land Patent down on the bottom of what will become the Land Patent Sandwich. Next comes "Declaration of Land patent", which needs some preparation work done first so move on to the next step.



Take one of the forms "Declaration of Land Patent" and complete it as follows:



First, generate the proper legal land description for your land by merging any lot/subdivision descriptions with the Section, Township, and Range descriptions from the County plat maps of your subdivision and enter the properly merged land description into the space provided for it on the "Declaration of Land Patent".



Next, complete the remainder of the "Declaration of Land Patent" by filling in the blanks from the top: fill in your name as the person requesting the recording (use proper name format) fill in your name in the "Name & Address" space,fill in your mailing location, fill in the city, state and the Post Office’s zip code in the blanks, fill in the Patent number in the space provided,on the first line after "That," fill in your name, you may cross out the inappropriate personal pronoun from "I/we", and the "(s)", if necessary,the proper merged legal land description should already be entered from the previous instruction.



Do this step later, after you have compiled your Land Patent Sandwich: go to a Notary Public, and fill out the remainder of the document there, just fill in the blanks as suggested on the guide sheet.



Now, place your "Declaration of Land Patent" on top of the Certified Land Patent as a part of the Land Patent Sandwich.



Place your Warranty Deed on top of the finished copyrighted "Declaration of Land Patent" as a part of the Land Patent Sandwich.



Take one of the forms "Quitclaim Deed" and complete it as follows:



First, place the land description you generated for the "Declaration of Land Patent" into the space provided for it on the "Quitclaim Deed".



Next, complete the remainder of the "Quitclaim Deed" by filling in the blanks from the top:



· fill in your name as the person requesting the recording (use proper name format);



· fill in your name in the space just below, "AND WHEN RECORDED MAIL TO:";



· fill in your mailing location, city, state and the Post Office’s zip code blanks;



· fill in your name on the second line of the Deed after, "I/We," and again on the fifth line after, "and forever quitclaim to:" you may cross out the inappropriate personal pronoun from "I/We", if necessary



· from your certified copy of your Land Patent, find the name of the person to whom it was originally issued and enter that person’s name after "as assignees of" on the second line;



· fill in the patent number in the space provided after "Number" on the third line;



· fill in the county and state names on the ninth line;



· the proper merged legal land description should already be entered from the previous instruction;



· fill in the date you are filling out this form in the next to last line after, "Done and dated:";



· fill in the date the Warranty Deed was issued on;



· wait to sign the "Quitclaim Deed" in front of a Notary Public; and, enter your name as "owner" in the blank before the word "Owner.



Do this step later, after you have compiled your Land Patent Sandwich: go to a Notary Public, and fill out the remainder of the document there, just fill in the blanks as suggested on the guide sheet.



Now, place your "Quitclaim Deed" on top of your Warranty Deed as a part of the Land Patent Sandwich. With that, your Land Patent Sandwich is completed.



Make sure that all four key elements of your Land Patent Sandwich are in their proper place. The order is critical! The documents are in order of authority.



Understanding how the sandwich works: On the bottom of the sandwich, you have the highest authority of land title, the certified copy of your Land Patent. Its own words declare that the land belongs (fee simple) to the party named on the patent and to their heirs and assigns forever. The patent is yours by right of assignment or inheritance so the next document is your Declaration of Land Patent. Your right to claim the land by declaration is your assignment on the land, which assignment is found within your Warranty Deed (where the deed says "grants" and/or "assigns"). Therefore, a certified copy of your Warranty Deed is the third document on the pile. The top document is your Quitclaim Deed, which moves your land out of equity (fairness to the contract) and into law (fact in fee simple). This Quitclaim Deed is likely the most important part of the entire sandwich—it completes the move out of the statutory and contract control and into the law of the Land. The Land Patent Sandwich is one inseparable document.



Staple a copy of the Land Patent Sandwich together and you’re done. Making two copies is better, one for filing and one to keep secure for yourself.



Go to the Notary Public with both copies and complete the signatures, dates, etc..



You need not publicly file any records of your Land Patent, however, most people prefer to protect themselves with public filing. There are several methods of public filing you may use. They are as follows:



File it in the Clerk and Recorder’s office with the land records of the county.



Make public notice that you brought the patent up in your name in the legal notices in a local newspaper.



Post the Land Patent Sandwich on the County’s public notice bulletin board (usually found at either the County (district) Courthouse or at the Sheriff’s office). Post Office bulletin boards would also be sufficient.