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Getting Even With Government

"IMPORTANT INFORMATION ON
LAND PATENTS"
By Ruth Bennett

NOTE: The information contained on this page is provided as a service to landowners by the National Association of Rural Landowners (NARLO).

NARLO HAS NOT vetted this information for accuracy nor its legal foundation and it is entirely up to the reader to read the information in that context. We make no warranties, expressed or implied, that such information is accurate in all respects.

We encourage readers to review the first three articles that appear below before proceeding further onto the page.

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"An Essay On Land Patents"
by Augustus Blackstone

"Land Patents, Understanding How They Work"
by Team Law

"A Fascinating Read On Land Patents,
Taxes and Money Issues"

by Law Notes

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The following information on land patents was provided by Ruth Bennett of Toledo, Washington. Ruth assists people wanting to file land patents, for an affordable fee. Ruth can be reached as follows:

Telephone: 360.264.2083

Or she can be reached by e-mail as follows: 2013andbeyond@comcast.net
Land Patent Assistant

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LAND PATENTS 101
Basic Knowledge Every Rural Landowner Should Know

TABLE OF CONTENTS

A. WHY I SHOULD PATENT MY LAND
B. DO YOU REALLY OWN YOUR LAND?
C. WHAT HAPPENS WHEN YOU DON’T HAVE A LAND PATENT
D. OTHER BENEFITS OF A LAND PATENT
E. BRIEF HISTORY OF LAND OWNERSHIP
F. DEFINITIONS

A. WHY I SHOULD PATENT MY LAND

If you are under the impression that you “own” your property because you paid good money for it and have the original deed with your name on it stored in a secure place for safekeeping, then read on … because, in fact, you are not the equitable or beneficial owner of that property but merely have what is called “color of title” with only an apparent right of ownership and possession, without full and absolute title. Color of title is not the same thing as ownership with full and absolute title, but the powers to be would have you believe it is.

To patent your land is to protect your land and enable you to keep your land, through thick or thin, in good times and in bad, no matter what. Such a person (patentee), and his heirs and assigns, FOREVER OWNS that piece of land WITHOUT ANY RISK OF LOSING IT, until it is voluntarily given away, sold, or otherwise disposed of. No local, state or federal government, bank, mortgage company or speculator can ever take it away!

The supreme court of the United States of America has upheld land patents time and time again. “A patent for land is the highest evidence of title and is conclusive as evidence against the government and all claiming under junior patents or titles.” United States v. Stone, 2 US 525. And for more than 80 years the government has been tight-lipped about sharing this information with you (I wonder why?). Your interest piqued yet? Read on.

Everyone owning rural property has a land patent on their property, even you. It’s just that you don’t know it. All land disposed of by the government prior to 1930 was patented to an individual (who, I’m sure, has long since passed on), and that disposition was granted under various acts of Congress, such as the 1850 Oregon Donation Act—such patent, in pertinent part, states “to the patentee, his heirs, and assigns forever.” As a subsequent deed-holder via an equity interest in the property (you did pay for it, right?), you fall under the “assigns” category. THIS MEANS THAT ALL YOU HAVE TO DO IS UPDATE THAT PATENT BY PUTTING IT INTO YOUR NAME.

Let me make this clear—a LAND PATENT does not forgive any debts you currently owe—that is not its purpose.

If you have a Warranty Deed in your name (containing the legal description of your property) and a surveyor’s/plat map of your property, you can patent your land, EVEN IF YOU HAVE A MORTGAGE on your property.

DISCLAIMER!

The information set forth herein is purely educational and informative in nature and does not constitute professional, legal, tax or other advice. It is up to you to verify all information as to the truth or validity yourself since you must take full responsibility for any liability or loss incurred as a consequence of the use and application, directly or indirectly, of this information.

B. DO YOU REALLY OWN YOUR LAND?

The foundation of this nation was real property ownership. That’s why the settlers came here. To insure private ownership of land, the nation’s founding fathers made it unlawful for government to own land except for the ten square miles of Washington D.C., and such as may be needed for erection of forts, arsenals, dockyards, and other needed buildings. (The Constitution)

When an American fulfills the requirements to obtain a “Land Patent” the patent is assigned by and under the hand and seal of the President of the United States, in accord with an Act of Congress.

Fictitious entities, like trusts, corporations, etc. cannot obtain land patents except by express acts of Congress. An example of Congress granting land through patents to fictitious entities is the railroad grants made to compensate the railroad companies for building railroads across America.

The Land Patent is the only form of perfect title to land available in the United States. Wilcox v. Jackson, 38 PET (U.S.) 498; 10 L.Ed. 264. In America today, people think they own their land, but unless they have a Land Patent on the land they do not own it. Most people today obtain “Real Estate” by contract and then on fulfillment of the contract they transfer control of the land by “Warranty Deed”.

The “Warranty Deed” is merely a “color of title”. Color of Title means: “That which is a semblance or appearance of title, but not title in fact or in law.” Howth v. Farrar, C.C.A. Tex.; 94 F.2d 654, 658; McCoy v. Lowrie, 42 Wash. 2d 24, Black’s Law Sixth Ed.

A Warranty Deed cannot stand against a Land Patent. “A grant of land (Land Patent) is a public law standing on the statue books of the State, and is notice to every subsequent purchaser under any conflicting sale made afterward.” Wineman v. Gastrell, 53 FED 697 , 2 U.S. App. 581.

A Land Patent is permanent and cannot be changed by the government after its issuance. “Where the United States has parted with title by a patent legally issued and upon surveys 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. In the history of this county, no Land Patent has ever lost an appellate review in the courts. As a matter of fact, in Summa Corp. v California, 466 US 198, the Supreme Court ruled forever that the Land Patent would always win over any other form of title. In that case, the land in question was tidewater land and California’s claim was based on California’s constitutional right to all tidewater lands. The patent stood supreme even against California’s Constitution.

Land CANNOT be taken for debt or taxes, but Real Estate CAN BE. What is Land? By definition: “‘Land’ is not restricted to the earth’s surface, but extends below and above the surface. Nor is it confined to solids, but may encompass within its bounds such things as gases and liquids. A definition of ‘land’ along the lines of ‘a mass of physical matter occupying a space’ also is not sufficient, for an owner of land may remove part or all of that physical matter, as by digging it up and carrying away the soil, but would nevertheless retain as part of his ‘land’ the space that remains.

Ultimately … land is simply an area of three dimensional space, its position being defined by natural or imaginary points located by reference to the earth’s surface. Land is not the fixed contents of that space, although, as we shall see, the owner of that space may well own those fixed contents. Land is immovable, as distinct from chattels, which are moveable; it is also, in its legal significance, indestructible. The contents of the space may be physically severed, destroyed or consumed, but the space itself, and so the ‘land’, remains immutable.” Peter Butt, Land Law 9 (2nd ed. 1988); Reprinted in Black’s Law Dictionary, Seventh Edition.

What is Real Estate? It is a document that lays over the land in color of title; although it is not the Land itself, it may include with it the right to real property that sits upon the Land. Banks and corporations like Real Estate because they can own it without an Act of Congress. They and others can use the fiction of title to it to seize property under the color of law.

They’ve taken their colors of title into the courts for so long that the people (under three generations of deception and ignorance) simply allow them to go ahead. Generally, people seem to have forgotten about land patents. For that cause, when you go into a court today with a real land title case (a Land Patent case) chances are the judge and any attorneys involved won’t know what a Land Patent is.

The first court you run into that understands the power of a Land Patent may be a U.S. Circuit court of Appeals, and in the history of this nation there has never been an appellate case where a properly set Land Patent has ever lost its title to the Land. If you ever have the occasion to have to defend your right to your land in court, and someone else presents a proof of right to the land patent on your land, you’ll lose your land.

If you haven’t secured your right to your land by its land patent, you may be abandoning your right to your land and any prior owner with lawful right to the land patent could secure it to themselves and evict you off from the land you thought was yours, and you’ll have to leave.

C. WHAT HAPPENS WHEN YOU DON’T HAVE A LAND PATENT

If you still have a mortgage on your property and, God forbid, you lose your job and you can’t make the mortgage payments, that wonderful entity who so willingly gave you that mortgage will now foreclose on your property and boot you off of it (without feeling the least bit of remorse). That is because when you signed the mortgage document known as a “Deed of Trust” (as security for repayment of the debt created— they gave you money in exchange which you have to repay—you gave them an interest in your land under what is known as a “Cestui que trust”). (In early law books, the Cestui que trust arrangement was referred to as “uncouth” and “barbarous” because it refers to a “beneficiary under a donation in trust”.) Let me explain.

When you borrowed money from the Bank to buy your property, the bank made you sign the Deed of Trust. By doing so, the Bank acquired “equitable” ownership and you merely received “legal” ownership (“legal” ownership is not the same as “lawful” ownership—there is a difference in meaning between the two words).

The very process of signing the Deed of Trust divides the land (real estate) into two parts: (1) the “estate” which is your portion and gives you legal status with limited right of use; and (2) the “real property” which is the Bank’s portion with FULL RIGHT OF POSSESSION.)

You actually hold title to your property for the BENEFIT OF THE BANK. Did your Bank FORGET to tell you this?

But, what you may not know is that even if you PAY OFF your mortgage, YOU STILL HAVE NO RIGHTS TO YOUR OWN PROPERTY. When you pay off the bank, the Title Company, as Trustee, simply reconveys its limited estate (right of possession) to you via a Warranty Deed, and having served its purpose, it ceases to exist. HOWEVER, the Bank still remains as the “equitable” owner and beneficiary and IT NEVER GIVES UP YOUR “DONATION” OF THE REAL PROPERTY. Shocking, isn’t it?

You may be the legal owner with title to the property, BUT YOU ACTUALLY HAVE NO RIGHTS TO YOUR OWN PROPERTY.

WHEN YOU PATENT YOUR LAND, YOU NO LONGER “DONATE” YOUR REAL PROPERTY TO THE BANK. WAKE UP!

D. OTHER BENEFITS OF A LAND PATENT

Want to keep bureaucrats and others from snooping around your property to search for code violations? Tired of endlessly paying fees for permits to build on your own property? How many times have you heard, “You can’t do that without permission” or “You need a permit to do that which will cost you X-amount of dollars.” It seems harder and harder to do things on your own land, and too much time, energy, and money is usually expended in the process.

With a Land Patent, YOU DO NOT NEED PERMISSION FROM ANYONE TO DO ANYTHING ON YOUR PROPERTY and YOU DO NOT NEED TO GIVE ANY GOVERNMENT OFFICIAL PERMISSION TO COME ONTO YOUR PROPERTY (be it an official from your town, county or state).

Neither a town nor its officers have any right to appropriate or interfere with private property. Mitchell v. City of Rockland, 15 Me. 496.

HOW IS THAT FOR TAKING BACK YOUR POWER AND BEING SOVEREIGN?

One caveat or warning though is that when you sign anything with the town, county or state you are entering into a contract with them. By doing so, you give them permission to come onto your property. This is known as an “adhesion contract” which is virtually a unilateral (one-sided) agreement like an insurance policy where you have no say in the terms—it’s a “take it or leave it” choice. For instance, if you purchase a permit from the County to build an outbuilding on your property, you are entering into an adhesion contract and giving the County permission to come onto your property (just read the fine print). Be careful of adhesion contracts. If you avoid them, YOU REMAIN MASTER OF YOUR DOMAIN.

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I’m sure you’ve heard about the occurrence of natural disasters where shortly thereafter the powers-that-be began a blatant gun grab from honest, law-abiding citizens whose only protection from the effects of the disaster was that gun, and who then became defenseless against the criminals. By patenting your land, you cannot be deprived of your constitutionally-guaranteed right to bear arms because NO ONE CAN ENTER ONTO YOUR LAND TO TAKE THEM AWAY! (unless you give them permission to do so).

E. BRIEF HISTORY OF LAND OWNERSHIP

Prior to the Magna Carta (the English charter originally issued in 1215), titles to land were held by Barons and were considered “title in fee simple” but were, however, subordinate to the superior title of the crown which was termed “allodial”. In other words, a Baron’s land and title could be stripped from him at any time on the mere whim of a royal. Upon the forced signing of the Magna Carta by King John of England, the crown’s allodial title was abolished and the Barons secured the right of inheritance, which meant that a Baron could not be arbitrarily stripped of his land and title by a capricious monarch under any pretext, including nonpayment of taxes. Once the Barons had disposed of the superior allodial claim of the crown, their own title in fee simple was the highest land title obtainable in England and they held the primary responsibility for direct stewardship over the land, which is how the term “landlord” came about.

By the time the colonists came to America, the reform was well established and familiar to them with regard to lands and titles, and the rule of constitutional law in the United States was born.

Even though the term “allodial” (a superior title) does not exist today, the court, in Stanton v. Sullivan, 7 A. 696, in concluding its opinion of what a land patent is in this country, stated “…being in fact allodial in nature.” (emphasis added). This is another way of saying that title by land patent may not be allodial in name, but it has all or most of the characteristics of it and, overall, is superior.

Also, in Leading Fighter v. County of Gregory, 230 N.W. 2d 114, 116, the court stated, “Patents are issued (and theoretically passed) between sovereigns … and deeds are executed by persons and private corporations without those sovereign powers.”

TAKE BACK YOUR SOVEREIGN POWER BY OBTAINING A LAND PATENT AND STOP THE BUREAUCRATS FROM LORDING OVER YOU!

YOU WILL BECOME THE SOVEREIGN AND THEY THE SERVANT! (instead of the other way around)

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F. DEFINITIONS

If you want to understand the concepts involved relating to real property, including your land, you need to research “legal” Definitions. The legal documents used nowadays contain technical words that carry specialized meanings so an ordinary dictionary may not be used in this instance. Black’s Law Dictionary – 6th Edition is a good dictionary to use. Be sure to use an older version of it, as new versions have dropped some of the words (probably to keep us ignorant). Bouvier’s Law Dictionary is another good source.

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“Everyone’s House is His Castle.” Anonymous

“If the American people ever allow the banks to control the issuance of their currency, first by inflation and then by deflation, the banks and corporations that will grow up around them will deprive the people of all property until their children will wake up homeless on the continent their fathers occupied.” Thomas Jefferson

“If the government is moving it’s lips, it is lying.” Johnny Liberty

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We are all involved in a huge belief scam which is a scam based on a lie which, when told often enough (or by withholding of truth long enough) becomes a part of one’s belief system but is, in fact, not the truth but a public lie. Wake up and learn the truth!

TO PATENT YOUR LAND MAY BE THE SMARTEST THING YOU DO TO PROTECT YOU AND YOUR FAMILY!

You will be able to survive during the hardest of times, even on a small piece of ground that NO ONE can take away from you.

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