Land Ownership Discuss Land Patents, Allodial Titles, and other methods of protecting sovereign land owner rights.


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Old 09-01-2004, 12:43 AM
Smart-Aleck Smart-Aleck is offline
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Allodial Title in Nevada

I was doing some diggin' for info on allodial title, and found a website called Nevada Corporate Planners, Inc. which describes how to obtain a statutory "Allodial Title". It sounds like some BS Nevada came up with to confuse people because it doesn't convey any rights one would associate with owning land in allodium. Here's some of the details:



A <font color=red>person[/color] who owns and occupies a single-family dwelling, its appurtenances and the land on which it is located, free and clear of all encumbrances, except any unpaid assessment for a public improvement, may apply to the county assessor to establish allodial title to the dwellings, appurtenances and the land on which it is located.



The state treasurer then determines the amount which is required to be paid by the property owner to establish allodial title. This is done by using "a tax rate of $5 for each $100 of assessed valuation on the date of the application." NRS 361.900 (3). The treasurer must calculate, separately, the amount that must be paid in a lump sum, and for the payment in installments over a period of not more than 10 years. Id. These "amounts must be calculated to the best ability of the state treasurer so that the money paid plus the interest or other income earned on that money will be adequate to pay all future tax liability of the property for a period equal to the life expectancy of the youngest titleholder of the property."



If the property owner pays the lump sum amount calculated by the state treasurer, and submits proof that the home is a single-family dwelling occupied by the homeowner, and that the property is free and clear of all encumbrances except any unpaid assessment for a public improvement, "the state treasurer shall issue a certificate of allodial title[.]" NRS 361.900 (5). If the property owner enters into an agreement with the state to make installment payments (in lieu of a lump sum payment), the issue of a certificate of allodial title occurs upon the receipt by the treasurer of the last payment. NRS 361.900 (6), (8).



Once a property owner receives a certificate of allodial title, he is relieved from the payment of all further property taxes, "unless the allodial title is relinquished by the homeowner or his heirs." NRS 361.905 (2). Instead, the state treasurer is responsible for the payment of the taxes due. NRS 361.905 (3).



Once allodial title is established, it "is valid for as long as the homeowner continues to own the residence unless he chooses to relinquish the allodial title[.]" NRS 361.910 (1). Upon the death of an allodial title holder, the heir or heirs can reestablish allodial title by using the same procedure that the original property owner used. NRS 361.910 (1)-(9).



Link here.



Sounds like a crock of **** to me!



Anthoner good story: When I had the idea of getting my appraisers license one of the appraisers/real estate agents happily told the class "Absolute title to the land is called 'Allodial Title', and only the government can hold land in allodium." Needless to say, I don't have my appraisers license
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Old 09-01-2004, 01:14 AM
TheBlackTruth TheBlackTruth is offline
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Allodial Title in Nevada

<font color=darkblue face="tahoma">Agreed! this looks like a ploy by the NV government to try and "cash out" on property taxes. Allodial Title is a right secured by our constitutionally protected right to Property.



". . .the State may not impose a charge for the enjoyment of a right granted by the Federal Constitution." See: Murdock v. Pennsylvania, 319 U.S. 105.



-BT[/color]
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Old 09-01-2004, 02:12 AM
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Allodial Title in Nevada

There is no taxation of land that is held by a Sovereign... remember, the government has no rights in the land -- none!
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Old 08-23-2008, 09:12 AM
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hi

harry williams

i want to know more about u

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Old 08-23-2008, 09:43 AM
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From my research, there was never such a thing as allodial title in the US. Allodial titles were abolished after William the Conqueror's (or the Bastard depending on perspective) invasion of England. It abolished allodial title for all except the King (and there is dispute if even the King retained allodial title to the lands after pledging them to the Vatican, but that's another story....). France had allodial title before the French Revolution but only for ecclesiastical properties.

The highest forms of title in the US for land are land grants or land patents.

For more info: David Wilbur Johnson
http://freedom-school.com/property-rights.html

and here:

David Wilbur Johnson

Last edited by netwrkranger : 08-23-2008 at 10:02 AM.
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Old 08-23-2008, 11:04 AM
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I have always wondered what made the holder of a Land Patent free from the states / Counties property tax ?

Maybe it was the phrase in the land patent.

"TO HAVE AND TO HOLD" ?

And then there is the question: Can a land patent be in the name of a TRUST and not be subject to a property tax ?

I have the patents on the land that I live on but have not yet figured out how to "Update the name of the patent" or even if this is a viable way to go. Any idea on the correct way to go about this proccess without creating conflict ?

The BLM office website shows how to find the patents and how to order a certified copy of the Land Patent.

http://www.glorecords.blm.gov/PatentSearch/Default.asp?

ETA I found this in a search for the term "TO HAVE AND TO HOLD" as is listed on my land patents.
http://www.amazon.ca/Have-Hold-Meani.../dp/0275957233
http://www.questia.com/PM.qst?a=o&d=10072516
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Last edited by BunkerBuilder : 09-06-2008 at 01:37 PM.
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Old 08-23-2008, 11:29 AM
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Bunker Builder,

From my research,

Land patents exist at law. Being at law, they only recognize one and only one owner. That owner has to be a flesh-and-blood man, not a legal fiction. Anything less than that (deeds) are statutory constructions. The registering of your property to the State is what makes one liable for property taxes. The services the State provides for the registration of your property to them, in part, are public schools. In registering, you abandon sole ownership for splitting of the title into legal and equitable interests. You keep the legal title. State (and bank) retain equitable interests in "your" property.

Land patents can't be in the name of trusts. Trusts would be akin to an artificial entity. Land grants were given to corporations, but only by a special act of Congress such as railroad companies and colleges.

Quote:
From the case Leading Fighter v Gregory County:
Patents are issued only by sovereign powers while deeds are executed by persons and private corporations.

Have you even done a chain of title search from your deed all the way back to the letters patent (abstract of title)? That is the first thing that must be done and the chain must be unbroken.

If you want more information, then you should look at the links in my previous post. David Wilbur Johnson is the person to listen to or even contact, but don't contact him if you haven't done a complete abstract of your property all the way back to the letters patent.

Here is a lively discussion from our forum on land patents, titles, deeds, etc.
http://www.suijuris.net/forum/land-o...5-torrens.html

Learn all you can on both sides of real estate, at law as well as in equity.

Regards,
netwrkranger

Last edited by netwrkranger : 08-23-2008 at 11:46 AM.
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Old 08-23-2008, 04:13 PM
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Quote:
Originally Posted by netwrkranger
From my research, there was never such a thing as allodial title in the US. Allodial titles were abolished after William the Conqueror's (or the Bastard depending on perspective) invasion of England. It abolished allodial title for all except the King (and there is dispute if even the King retained allodial title to the lands after pledging them to the Vatican, but that's another story....). France had allodial title before the French Revolution but only for ecclesiastical properties.

The highest forms of title in the US for land are land grants or land patents.

For more info: David Wilbur Johnson
http://freedom-school.com/property-rights.html

and here:

David Wilbur Johnson
Its different in Penna, we had allodiums. Allodial means no superior lord,claimant servitude. Compare allodial with the origins of feudalism, emphyteusia.

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Last edited by amenmesse : 08-23-2008 at 04:44 PM.
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Old 08-23-2008, 04:24 PM
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Quote:
Originally Posted by netwrkranger
From my research,

Land patents exist at law. Being at law, they only recognize one and only one owner. That owner has to be a flesh-and-blood man, not a legal fiction. Anything less than that (deeds) are statutory constructions. The registering of your property to the State is what makes one liable for property taxes. The services the State provides for the registration of your property to them, in part, are public schools. In registering, you abandon sole ownership for splitting of the title into legal and equitable interests. You keep the legal title. State (and bank) retain equitable interests in "your" property.

Land patents can't be in the name of trusts. Trusts would be akin to an artificial entity. Land grants were given to corporations, but only by a special act of Congress such as railroad companies and colleges.


I have not done the "Abstract of Title" as of yet I inquired at a local title insurance company and either they dont want to do it for some specific reason or its very time consuming or both as its very expensive to have done.

I plan to have this proccess done with in the next year or so.


Have you even done a chain of title search from your deed all the way back to the letters patent (abstract of title)? That is the first thing that must be done and the chain must be unbroken.

If you want more information, then you should look at the links in my previous post. David Wilbur Johnson is the person to listen to or even contact, but don't contact him if you haven't done a complete abstract of your property all the way back to the letters patent.

Here is a lively discussion from our forum on land patents, titles, deeds, etc.
http://www.suijuris.net/forum/land-o...5-torrens.html

Learn all you can on both sides of real estate, at law as well as in equity.

Regards,
netwrkranger

I knew about the "Abstract of Title" proccess but have not taken the time to perform it myself nor hire someone to perform the process.

I was told years ago by a man with the name Eric Madsen that this was the first step but didn't get information on the other parts of the proccess.

Thanks for the info.

I will check out the thread that you linked to.
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Old 08-23-2008, 04:35 PM
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You know... you could do the chain of title search yourself. You would have to go through the county register or county recorders office and sift through the land records.

Someone there should know how to do the process. I imagine some corporations do it all the time.

The title company may have the abstract of title more than likely in their archives. Offer to pay them for it or pay someone to do it. If they have it, it would save you a ton of work.

I have a couple different documents on the land patent process, actually more than a couple.
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