naked power not coupled with interest

[palani]

Would you believe that a sheriffs' auction is the only event that can interupt the chain of title back to the original land grand or patent?

Why is that important? Check the relation back theory. The original grant or patent establishes the law that is in affect when the title was originally passed from the sovereign authority (for example An Act of Congress dating June 3rd, 1820 -- not a real date, just an example). Any covenants will be shown on the patent.

When you purchase property that can be traced back to the original patent or grant that grant or patent represents a contract traceable to the sovereign authority. If the present sovereign authority tries to impose conditions that were not on the original grant or patent you can claim ... breach of contract.

Now, does the paper given to you at a sheriffs' auction give you the same remedy? Yes or no will do.

[chapka]

Originally Posted by palani

Would you believe that a sheriffs' auction is the only event that can interupt the chain of title back to the original land grand or patent?

No. I'm not familiar with the "relation back theory," so I can't speak to it; can you give me some case law references that support it?

But, regardless, what happens at a sheriff's auction doesn't seem any different, to me, than what happens when land is inherited; the title is transferred from the title holder to a new party by a third party with a naked interest--the sheriff or the executor. If a sheriff's auction breaks the chain of title, why doesn't taking property by inheritance, or a sale by a trustee?

When you purchase property that can be traced back to the original patent or grant that grant or patent represents a contract traceable to the sovereign authority. If the present sovereign authority tries to impose conditions that were not on the original grant or patent you can claim ... breach of contract.

Do you have any authority for that position? I'm not sure you can conflate contract law with property law like that.