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


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  #1  
Old 10-05-2005, 01:30 AM
Scootr
 
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I am new to all of this and have some questions?

I stumbled accross your site and other sites that are actually trying to help people and that is wonderful.

I do have some questions!

I went to my local reg. of deeds and found the origanal paper work (which says warranty deed in small print on the top of the paper) that my Grandfather did when he bought our property in 1901. It says on there that the person of the first part give grant bargain sell remise release alien convey and confirm unto the person of the second part (which would be my Grandfather) his heirs and assigns forever the following Real Estate.
Is this considered a land patent, or is it still a warranty deed as listed on the top of the paper?

And are there any attorney's that actully do updating of land patents, or help a person start a new land patent on land if there was none? One that would be in Northeastern Wis.

I am so happy that I did stumble on all of this, because I am so tired of getting pushed around, by zoning, state inspectors, etc., and our property taxes more than tripled 3 years ago, and now they have done a reevaluation again this year, and our property taxes will double again. I am so sick of them chasing people out of their homes because of this. And I need to do something before they chase us off of our land because of soring property taxes. The income levels in our area do not support the kinds of property taxes they are charging us. We are taxed by the sales of property in our area, and there are people that come to our area from big cities and pay huge amounts for homes, or cottages in our area, so they say, well their property is worth that much, so is yours and now you are going to pay those huge property taxes also. We did not pay a huge amount of money for our property, and do not want to sell our property. It has been in our family for 104 years. It is our home, business, and our way of making a living. My brother who has half of the land is handicapped and could not live on his own without the income from our property, and now his, and our income is being treatened by huge property taxes!!!!!! Besides I was born and raised on this land, and was here when it was not cool to be here, when we had 20 ft. snow banks, and now that everyone wants to be here now I am going to get chased out. I am trying to raise my family here, and pass this land on to our children, and my brother wants to pass his part on to his children.

The reason I asked about an attorney that deals with land patents is because our county, and township makes up their own rules as they go along to suit them, and what they want. They have not and will not listen to myself, or my brother alone. The county and township are the kind of people that like to keep others under their thumbs, squrming, and have let their heads get really big. They cut down people that do not have houses that are not up to codes, or as nice as they would like, but I know of one person on both boards is in violation of the codes himself, but makes others go by codes he dose not follow himself. So I think I will need some help when it comes time to fight for our rights, and would like an attorney there to fight with me that knows about all of this stuff with land patents, not having to pay property taxes, etc.
I also have read in here that if you update a land patent on property that you own you do not have to pay property taxes anymore if you do the nessicarry paper work, etc., but do we have to still pay the personal property taxes, or dose that come under the total ownership of a land patent also, and we would not have to pay personal property taxes either. The realestate, and personal property tax is listed seperate on our bill but then added together at the end to get the total.
If we would have to go to court for not paying our property taxes, would we have to start with the county court, or could we skip them, and go right to a state court, or court of appeals that know about land patents? Because as I stated earlier our county makes up their own rules, and they are not going to like it at all when I go and tell them to take me off the tax rolls.
So if you know of any attorney's that do this kind of work in Wis., or out that is good please post the info here, or contact information for me.
Thanks for fighting for people's rights and freedoms, as we don't have many left, and need all the help we can get to make the U.S. a great place to live again.
Thanks, Scootr.
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  #2  
Old 10-05-2005, 02:58 PM
Libertarian Libertarian is offline
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Quote:
I went to my local reg. of deeds and found the origanal paper work (which says warranty deed in small print on the top of the paper) that my Grandfather did when he bought our property in 1901. It says on there that the person of the first part give grant bargain sell remise release alien convey and confirm unto the person of the second part (which would be my Grandfather) his heirs and assigns forever the following Real Estate.
Is this considered a land patent, or is it still a warranty deed as listed on the top of the paper?

That's a deed, not a patent.
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  #3  
Old 10-05-2005, 03:52 PM
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Go back

Go back to the recorder's office and trace the property back to the grant or Warrant -- signed by some President (ours is Taylor) .

Find the leagal description -- Meridien, Twp etc

and then contact BLM for the Land Patent.

Seeker
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Old 10-05-2005, 05:33 PM
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Hello Scootr,

I have no experience in what you need but I just wanted to mention that I think you are not going to find a "lawyer" to do what you want to do.

This web site is posted in other threads at this site perhaps it can help you to understand more about the land patents:

http://www.landrights.com/

Do a search in the forums I am sure you will also find other important information for you.
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  #5  
Old 10-05-2005, 08:06 PM
Scootr
 
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Thanks for quick reply, but need more info. please!

How do I find the land patent on our property at the reg. of deeds if I do not know the year, or the persons name that the patent is in? Is there somewhere else besides the reg. of deeds, that I can get a copy of the land patent with just the discription of our land on the deed I did find which has the range, etc. on it?

I will try to call the BLM tommorrow and see what they can tell me.

The other question I had was, I think I read somewhere along the line on land patents that the last ones were issued around 1907, which you said that land patents are even done today, but if that is the case in 1907, should'nt a land patent have been done when my Grandfather bought and paid for the land in 1901 automaticlly, or would my Grandfather have had to ask for one, and done it on his own?

Can we renew a land patent, or start a new one if there are property taxes owed on the property, or a mortage on the property?

Can I get the book by Johnny Liberty at my local library? I checked at our small town library and she could not find anything by this authur.

Again I find all of this very interesting, but why are there not more attorneys, or finanical planners telling people about this, and helping people do this? To me this would help many, many people from having their land taken away because of soring property taxes, and it would help many elderly people keep their homes, and more money in their pockets buy the ****, and food they need.

Well let me know, and again thanks for the very quick reply, and keep up the good work in fight for everyones rights.
Thanks,
Scootr
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  #6  
Old 10-05-2005, 10:47 PM
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1) you don't get a new land patent, the original is forever for all heirs and assigns

2) Go to both the assessor and the county recorder, and have them show you how to track all the deeds back to the original patent.
3) Look at your deed, and get the legal description- Township, Range, Section and get tract number as well, and of coarse the address. Call the Bureau of Land management and give them the township range and section, and tell them you want the number of the Patent that includes your description; then ask them for two certified (sealed) copies of the patent and a map of the local properties ( the map I got was for an area 6 miles square, but I only was looking for two acres).

4)The BLM will charge about $6.oo for their services. When I went to the local BLM on the phone, they were not very interested in assisting, they said I should go to a mortgage/title company. They ticked me off in their hurry to get rid of me and my request, so I got on the internet and got the WA.D.C. Dept of the interior and BLM. I got an e-mail back from the lady in charge, telling me to call a specific # in the state capitol. When I called they were fantastic and bent over backwards, and-in two days I had everything in the mail.

5)Get copies of all the deeds as far as you can find them approaching the patent date. You have to have at least 40 years worth, then the Patent and to update the patentuse this



SPACE ABOVE HERE FOR RECORDERS USE




RECORDING REQUESTED BY



John Q. Doe



AND WHEN RECORDED MAIL TO:

Name and Address: John Q. Doe

Mailing Location: c/o non-domestic

12345 67th Street North

City: Anytown

State: Minnesota near 55555

(use EXACT address and mailing location)




DECLARATION

OF LAND PATENT

PATENT NUMBER: 11111



KNOW ALL MEN BY THESE PRESENTS: That John Q. Doe does certify and declare as follows: That named as “assigns” in the Land Patent named above, I bring up said patent in my own name as it pertains to the land below described.



(1) THE CHARACTER OF SAID PROPERTY SO CLAIMED BY PATENT, and legally described and referenced under Patent listed above is:



All that part of the Southwest Quarter (SW ¼ ) of Section Nineteen (19) and part of the Northwest Quarter (NW ¼) of Section Thirty (30) all in Township Thirty (30) North, of Range Twenty (20) West, described as follows:



Commencing at the Southwest corner of Section Nineteen (19), Township Thirty (30) North, of Range Twenty (20) West, thence East along the South line of said Section Nineteen (19) for a distance of one thousand twenty-seven (1027) feet more or less to the Southwest corner of the Southeast Quarter of Southwest Quarter (SE ¼ of SW ¼) of Section Nineteen (19), this point being the point of beginning of this description; thence North along the West line of said Southeast Quarter of Southwest Quarter (SE ¼ of SW ¼) of Section Nineteen (19) for a distance of two hundred thirty-one and five tenths (231.5) feet to the center line of County Highway (known as Stillwater and Wildwood Road); thence East along said center line of County Highway for a distance of five hundred fifty-eight and forty-six hundredths (558.46) feet; thence South for a distance of three hundred ninety (390) feet, thence West and parallel the said center line of County Highway for a distance of five hundred fifty-eight and forty-six (558.46) feet to the West line of the East half of the Northwest Quarter (E ½ of NW ¼) of Section Thirty (30), Township Thirty (30) North, of Range Twenty (20), West; thence North along said West line for a distance of one hundred fifty-eight and five tenths (158.5) feet to the point of beginning, Washington County, Minnesota.



and, a Land Patent is the only way a perfect title can be had in my name: Wilcox v. Jackson, 13 Pet., (U.S.) 498, 10 L.Ed. 264; All questions of fact decided by the General Land Office are binding everywhere, and injunctions and mandamus proceedings will not lie against it: Litchfield v. Register, 9 Wall (U.S.) 575, 19 L.ED. 681.

(2) NOTICE AND EFFECT OF LAND PATENT. A grant of land is a public law standing on the statute books of the State, and is notice to every subsequent purchaser under any conflicting sale made afterward: Wineman v. Gastrell, 54 Fed. 819, 4CCA 596, 2 US App. 581. A Patent alone passes title to Grantee: Wilcox v. Jackson, 12 PET (U.S.) 498,10 L.ED. 264.

Where the United States has parted with title by a patent legally issued upon surveys legally made by itself and approved by the proper department, the title so granted cannot be impaired by any subsequent survey made by the government for its own purposes: Cage v. Danks, 13 LA. ANN. 128.

(3) LAND TITLE AND TRANSFER. The existing system of land transfer is a long and tedious process involving the observance of many formalities and technicalities, a failure to observe any one of which may defeat title, even where these have been traced to its source, the purchaser must, but at his peril, there always being, in spite of the utmost care and expenditure, the possibility that his title may turn out bad: Yealde, Torrens System 209.

If this land Patent is not challenged within sixty days (60) in a court of law by someone, or by the government, it then becomes my property, as no one has followed the proper steps to get legal title, the final certificate or receipt acknowledging the payment in full by a homesteader or preemptor is not in legal effect a conveyance of land: U.S. v. Steenerson, 50 FED 504, 1CCA 552, 4 U.S. App. 332.

A land Patent is conclusive evidence the Patent has complied with the Act of Congress as concerns improvements on the land, etc.: Jankins v. Gibson, 3 LA ANN. 203.



MINNESOTA STATE )

) solemnly affirming and subscribing

WASHINGTON COUNTY )

MINNESOTA STATE )

) solemnly affirming and subscribing

WASHINGTON COUNTY )




On ______________________________, ______________

before me, the undersigned, a Notary Public in and for said state, personally appeared John Q. Doe, known to me to be the Sovereign whose name is subscribed in the within instrument, and acknowledged to me that s/he executed the same. Purpose of jurat is for oath and identification only and cannot be used to indicate entry into any foreign Jurisdiction.



John Q. Doe, deposes and says that: I am the declarant in the foregoing declaration of Land Patent; that I have read and know the contents thereof, and that the matters therein stated are true to my knowledge; and do state that the above court cites are true.




Witness my hand and official seal:









_____________________________________

Notary Public in and for said State



My Commission Expires: ________________________















______________________________________________

John Q. Doe








>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

You will maybe not see your G-FR name on anything other than his deed, just try and get the deed of whoever he got it from. He may never have brought the patent current, again, no problem he probably didn't know about patents.

6) when you have all this started, go into the archives here to Sui Juris land patent cites, Mar of this year I think.
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  #7  
Old 10-06-2005, 09:30 AM
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Still trying ...

Each time I call the BLM, I get voicemail -- maybe there really isn't anyone there, at least for this section of the country.

From the Recorder's office, I have a copy that was filed into the record in 1943, a copy of the Land Warrant -- that says

"IN TESTIMONY WHEREOF, I, Zachary Taylor PRESIDENT OF THE UNITED STATES OF AMERICA, have caused these letters to be made Patent, and the SEAL OF THE GENERAL LAND OFFICE to be hereunto affixed.

GIVEN, under my hand, at the CITY OF WASHINGTON, the first day of September in the year of our Lord one thousand eight hundred and forty nine and of the Independence of the United States the seventy-fourth."

So is this what I want from the BLM? Or something else?


Thanks for helping me decipher this maze!

Seeker
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"A person cannot cling to anything unless she believes in it; belief always precedes action, therefore a person's deeds and life are the fruits of her belief." - Above Life's Turmoil

When every single thing you do aligns with your values,you will be among the happiest people on this earth. - Peter Thomas
Best-selling author, Century 21 world brand developer, Four Season hotel developer, and mega-success story
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Old 10-06-2005, 09:43 AM
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sometimes instead of searching the land record by the land description the records may be kept according to grantor grantee. So you must trace either back or forwards through history sale by sale untill you reach the first conveyance. Good luck!
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