Land Patent Instructions

[teneagles]

I have seen many different Declarations of Land Patent over the last few months. I have been in over 20 different forums on Land Patents during that period.

Several have had in their documents, and have advocated, a 60 day period for contestation in the Patent declaration, and the rest have not, and vehemently state that it is not necessary, as the Patent is already in effect, even though not claimed, and the owner has is ALREADY the Assign, so that through the perfection process, all one is doing is making worldly statement to that fact for the purpose of cementing the Patent to the lawful Assign, a process no one has a right to abrogate.

In an earlier post by ENSLEGIS in this forum I read:

"If you post your LP sandwich on the public board in your local county court house, there will be a very good chance that IT WILL BE REMOVE.

Consider posting a "Notice of Land Patent" in the legals section of your local or county newspaper and run the notice for 4 weeks. After the notice has run for this consecutive time, get 3 certified copies of a Publisher's Affidavit that is notarized.

You MUST give all parties a minimum of 60 days to respond to your notice, i.e. as to whether they have a claim, lien or debt, or other equitable interest. If someone challenges the patent, make sure that they challenge it Quasi in Rem Jurisdiction.

We are finding that a lot of people miss this VERY IMPORTANT STEP in their process of obtaining the patent."

While I understand that if one gives notice of any legal action concerning financial and real property issues, there is usually required a period of wait for challenge, a Land Patent is not challengable no matter who has interest in the realty, for it is a patent on the land, not the apurtenant property or buildings.

So I ask, what make anyone think this notice is required. Citations, please.

Further in this same post was the following:

"Another step to consider is: DO NOT RECORD THE LAND PATENT! Only record a "Notice of Land Patent" with all of the pertinent info."

Does this mean the do not record the Patent itself, but record all of the rest of the sandwich, or none of it except the Notice that was used in the newspaper?

I can understand not recording the Patent itself, as it is already recorded with the BLM, and the Declaration will have the number for reference if the court would want a copy. But I cannot see why anyone would not record the entire rest of the Patent sandwich.

If the warranty deed is filed and platted, then why would you not also have the rest of Patent sandwich filed and platted in the same manner as say, covenants or Association bylaws? Anything filed in this manner runs with the land, which would make it required to be disclosed if any legal process was going to be mounted against the land. According to the rules of Federal evidence, recording it then sets the sandwich documents into evidence for asbolute right of inclusion in any court battle. Once ANY document is so recorded, it is considered ALREADY entered into evidence, and no judge may refuse its usage in trial, while they can refuse any document NOT already recorded.

I am also not convinced that NOT filing the Patent itself with the rest of the sandwich, wouldn't be a mistake. If it was also recorded and platted, it would prove the rest of sandwich was inviolate. That would usually stop a legal challenge against it dead in its tracks. Such a challenge in the face of the Patent and supporting documents which prove that the land is already under the highest judgement, is frivilous, and brings court costs and damages for the party so mounting it. Since the evidence that shows that the land already under the highest judgment is the Patent, why not have it recorded and Platted with the rest of the sandwich?

So my second question is, What is the logic behind the statement I quoted from the previous post? Again, citations, please...

[teneagles]

Another question comes from the vagueness of all of the posters I have read, about just what supporting docs one should have before filing a Declaration of Land Patent. Everyone I have read speaks directly to having the Warranty Deed or Quitclaim to show right of ownership, and the Declaration Of Land Patent, and a certified copy of the Land Patent itself. But some allude to, without stating outright, the necessity of having the full chain of deeds between the Land Patent and the current owner's Deed.

So which is it?

Originally Posted by teneagles

Another question comes from the vagueness of all of the posters I have read, about just what supporting docs one should have before filing a Declaration of Land Patent. Everyone I have read speaks directly to having the Warranty Deed or Quitclaim to show right of ownership, and the Declaration Of Land Patent, and a certified copy of the Land Patent itself. But some allude to, without stating outright, the necessity of having the full chain of deeds between the Land Patent and the current owner's Deed.

So which is it?

Just out of curiosity. What type of land patent was issued regarding the land you are speculating on?

Jerry

[teneagles]

Speculating? I own land, but I never speculate on it, thats for investors and developers...

The Patent I am bringing forward is the release Patent of unused Railroad sections, if thats what you mean...

Originally Posted by teneagles

Speculating? I own land, but I never speculate on it, thats for investors and developers...

The Patent I am bringing forward is the release Patent of unused Railroad sections, if thats what you mean...

I am not really familiar with either 'railroad patents' nor 'release patents', and actually, if you are planning on purchasing the land that the railroad did use in a time past, then you would be speculating on it, as it would be an investment.

Maybe because this un-used railroad land is what it is, would explain why I am confused on this matter. Can you please elaborate on the subject a little more? I know of some land here in Florida that might fit into what I am thinking you are doing... not sure though.. Please ... where do I find more information on the subject other than the BLM?

Jerry.

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.

[charlesa6]

arkie, welcome to the suijuris forum.

[kurtzimmi]

Have been reading ,am new to site, Thank you for valuable info,.
My question is:
I own a kennel in Michigan and the county wants an easement,which will effect my business.
I was told by county official that the county could take my property if they wanted it (emminent Domain?)for the good of the county and city .
I am not interested in selling a "portion" of my property (whole front yard ).
Was told by a friend familiar with this site to get a land patent,that this would make it harder for county to take my property. Can any one help in this matter?
Sorry for long post just need info.....
I don't want to "piece " my property full of easements,If they want it buy it all.....basically was threatened w emminent domain.(sp)
Thanks for any and all help in this matter.
KZ

[charlesa6]

Kurtzimmi, welcome to the suijuris forum. check forum section under land patent for further details to your situation.
http://www.suijuris.net/forum/land-o...html#post94218

[bman]

I found this free at http://www.freedom-school.com/land_p...dial_title.pdf very interesting