Land Patent Instructions

[charlesa6]

It's very interesting. Thanks for the link.

[tweetiengram]

I have been doing my Genealogy. I just discovered that my Great Grandfather has 2 uncancelled 160 acre Land Patents.

One in Idaho, one in Washington.

He also had an older son that had a 160 acre Land Patent in Washington.

How do I go about updating these? What is the benefit? Does my family have any rights to this acreage? Do we have to pay someone to take physical possession?

I'm new to all this.

I look forward to learning. I have requested Certified Copies from the Land Patent office.

Thank You in advance for all the help.

Sharon

[charlesa6]

[quote=tweetiengram]

How do I go about updating these? What is the benefit? Does my family have any rights to this acreage? Do we have to pay someone to take physical possession?

That's all you have to find out first before you go any further.

I look forward to learning. I have requested Certified Copies from the Land Patent office.

That's a start.

[Notorial dissent]

If you have located the patent information it should also have the property description included with it, Township Range Section and quarter. With that information all you need do is contact the tax assessor for that county and they can tell you who currently owns the property. All this should entail is at most one or two long distance calls.

In answer to your second question, unless some member of your family is currently living there then likely you know longer have any claim to it, as it was either sold or relinquished.

[ThinkingWolf]

According to Johnny Liberty:

"On the basis of all the case law I have seen, there is no doubt in my mind that a land patent issued by the Bureau of Land Management which gives you a title at law is far superior to any title acquired in equity, such as a sheriff's deed. The land patent will, therefore, prevent your ejectment and removal from the land and property you occupy on the land. The debts or claims of other parties will remain, but the land will be removed from assets which they can attach."

If I take a loan to purchase some land and subsequently perfect the patent, can a later foreclosure on the loan nullify my patent in some way?

[Notorial dissent]

The do***ent issued by the Bureau of Land Management is nothing more than a certified copy of a record in their keeping, and has no legal value or standing except possibly in a chain of custody case.

The original issuer was the General Land Office acting under Congressional authority, I think BLM handles modern transfers, but don't know.

The Patent, which is a fancy word for Warranty Deed-which only the government gets to use, was issued to an individual after having met some requirement, homestead completion, payment for the property, or as payment in place of money from the government, and is specific to that individual ONLY. A Patent is nothing more than the mechanism to pass Fee Simple title to property previously owned by the government, and is the legal equivalent of a Warranty Deed.

One of three things happened with each patent, Relinquishment lost it by failure to prove up or maintain the homestead, transfer they sold it, gave it away, or lost it through some action, retained it or their descendants are still living on it.