Land Patent Instructions

i keep reading about this sandwitch thing, but i have no idea what the point is.

the land patent is a contract and you have to do somehting to signifyyou ahave accepted the contract, which is done by posting the property 'at all four corners'.
now the patent i have says that all subsequent owners have the same rights , etc. (railroad patent.)

so legally by showing that the land i have a deed on is within the lands granted by that patent, i have shown that as the owner of land subject to the patent i have the rights the patent grants to subsequent owners.

therefore i have shown that i have a contract with the federal government that is by federal law immune to collateral attack. it is contract law supported by the constitution that is the protection of my rights.

this idea of quitclaiming the railroads rights to yourself is not vaild since the railroad would have to quitclaim theri own rights. but this is not necessary because the land patent already gives the rights to subsequent owners.

some statments about this sandwitch thing say that you will get a land patent with you named on it. this is not true, land patents are documents and will not be altered. you rights come through the land patent and it is that document that is proof you have them.

in doing an act showing that you accept the contract that the land patent is, you have claimed the right to it's protections.

another thing-YOU NEVER ACCEPT STATEMENTS OF EMPLOYEES OF THE BLM OR ANY OTHER GOVERNMENT OR OTHER BUSINESS AS BEING TRUE WHEN YOUR RIGHTS ARE CONCERNED.

THE BLM EXISTS FOR A REASON, AND THE MAIN THING THEY DO IS TO KEEP PROPERTY RECORDS. IF YOU ASK FOR THE WRONG THING, THEY SHOULD KNWO WHAT THE RIGHT THING IS. COUNTER PEOPLE ARE NOT SMART AND IF THEY DO NOT THINK THEY HAVE THE RECORDS THAT THEY HAVE, ASK FOR A SUPERVISOR. SOMEONE WILL KNOW WHERE THE RECORDS ARE. IN MOS CASES WHAT YOU WANT IS THE MASTER TITLE PLAT RECORDS.

IF THE TITLE CAME THROUGH A STATE, THE INFORMATION SHOULD BE FOUND THROUGH THE MASTER TITLE PLAT, THE NUMBERS FOUND THERE ARE THE ONES THAT ARE ASSIGNED TO WHATEVER TITLE DOCUMENTS THE LAND PASSED INTO PRIVATE OWNERSHIP BASED ON.

if the blm does not keep those records they are obligated ot tell you exactly where to find them and to give you the number to ask for. they are the government agency that keeps property records and that does not exclude records because of a state origin.

all records in certain states are based on the guadalupe hidalgo treaty-and must respect the property laws of mexico at the time. we don;t have to go to mexico to find the mexican grants, it is the blm's job to records of all property despite the origin of the first grant.

if you have to make people the blm call supervisors elsewhere, do nit feel that you are making a big fuss-what you are doing is teaching people what there job is and making them learn to do it.

you can not be denied the protection of your land patent if you have doen the act that shows you agree to the contract. the place to protect any right denied to you is the federal court. the right can not be denied because you failed to do some quitclaim deed granting right to yourself and signing for another party. and since many recorders no longer accept documents other than the ones they like, copies of your land patent and deed are all that you need.

and as far as corporations, summa was a corportation and stopped california from claiming their tideland property.

[palani]

lizardhaven

From what I have researched and found on the subject of bringing land patents up to date I would agree with your statements. This idea of a patent sandwich is not as important as research into the ownership trail to the original patent and giving public notice of your acceptance once a clear trail is found.

The patent exists as a grant and you have to do something public to accept the rights and underlying contract of the grant. In addition to posting notice on four corners of the property I would also suggest getting a couple of friends to give you affidavits saying they saw the posting on your four corners on a certain date and again on a date at least 2 months later. Record the affidavits with the country recorder. Let your neighbors know what you are doing and give them reasonable opportunity to dispute your claim as well. You might even try to get them to sign a statement that they have observed your property markings and have been given an opportunity to dispute them.

Place public notice in the local paper. Meet your state requirements for public notice (3 publishings will be required) and keep copies of the notice and the receipt that the newspaper gives you.

[wisper]

Lizardhaven,

Thanks again for reply. You say to forget the quit claim deed, okay. I am aware of the rest of the stuff in your post, as I've said, I have certified copies of the original patent, copies of deeds back to 1948, when land companies started selling lots, I have my deed , I have all the maps in the right formats,..........what I don't have is any guidance or input on what the declaration of land patent should look like, I think I know what info is required, but not the format. I have the posting document for the 4 corners of the property as well. Ice said the sandwitch has to have the QC , and you say no!
If I can see a copy of a declaration, I'll do mine and proceed. This is all I'm asking for ! tks

http://www.commonlawlibrary.com/

[dadmoonbunny]

[quote=wisper]

Originally Posted by dadmoonbunny

Wisper, et al:,

First off, a land patent is an incredibly powerful thing if you assemble it correctly. Most of what you need to know can be assembled from the knowledge of your fellow SUIJURIS members. Just sign on and do a search, or sign on and go to the members only downloads section.

If you are not extremely detailed while assembling your package, their may be challenges to it. This is not an area where you can afford to do things half way.

........................[/QUOTE}

Do you have a Patent and have you done the sandwitch? What does the notification of patent look like? How about the quit claim?

No, I haven't completed my patent package yet. As with so many others, life has gotten in the way. I have researched quite a bit on my little piece of land, and will finish it as time and funding allow. I cannot help with the actual format of documents yet. I only have bare bones to work with.

Sic Gorgiamus Alus Subjuctatos Nunc

[mameye]

I actually sent a question to the librarian of the Georgia Archives concerning original Land Grants and how to acquire them. Below is the response. The are available at the archive and can be certified via their office...

Question History:
Time/Date Entered (GMT-5) Response By Response or Action
18:15 2005/08/11 Patron: Hello and Thanks for your time,

I would like to know how to find the original land grant for a parcel in current Cherokee County? What information would I need to provide,i.e. survey or plot information, to reference to the original document?

Thank You.

07:43 2005/08/12 Librarian: If you provide the section, district and landlot number, we should be able to use "the index leading to names" to determine the name of the original grantee. After that, we can copy the original grant . You would need to use our mail reference service. To place a mail reference request, please go to our web site at www.georgiaarchives.org, and select “How may we help you.” From the list of options, select "Research Help" and the resulting list will show you options to view both an overview of our mail reference services and a printable copy of our mail reference request form. Please review the services described on the mail reference form, including the lists of records that staff can research by mail, then complete the form and send it to us with checks or money orders for the appropriate payment.

09:44 2005/08/12 Patron: Thank You! That is very helpful. One last thing. The copy you send, would that be a certified copy? If not how could I get it certified?

Mike Ameye

14:16 2005/08/12 Librarian: To certify a record is an additional $5.00 charge. Please note that it is not necessary except for legal procedures.

[quote=suijuris]Land Patents



Every State within the Union of States (with the exception of the Republic of Texas) granted their unappropriated lands to the United States as a condition of statehood. Then as people acquired land, under various acts of Congress the President signed the patents securing the patented rights to the patent holders and their heirs and assigns forever.



What does this mean? Does it mean that land patents aren't granted in Texas?

[Jerseee]

Try looking here for an answer:

http://www.glo.state.tx.us/archives/landgrant.html


Good question.

Greetings,

Where, as you instructed in your steps, does one find or get this Declaration of Land Patent form to fill out?

Thank you, Nick

[wisper]

Go to post #55 inthis thread and look under forms