Posted by don leach on July 23, 1998 at 21:19:15:
In Reply to: Re: allodial posted by Wilbur Smith on June 27, 1998 at 19:20:58:
: : : What proof exists that municipal entities(courts)
: : : will grant you a tax-free land patent?
: : None.
: : municipal entities do not hold any titles.
: : how could they grant something they don't have.
: : Based on your own "application", and uninformed assent they do hold the beneficial title by way of constructive trust that you can revoke by operation of law in a new conveyance.
: Get hold of the abstract on the property. It will tell you the township, range, section, etc., then go to the following site http://www.glorecords.blm.gov you can find the information on whether or not the property is patented, when and by whom. If you are in one of the original 13 colonies or WV, you are out of luck on this site. Probably check with the state.
: Once you found the information, send a letter with what you found requesting a certified copy of the land patent for the parcel on which you are living. It costs $1.50 or so. Once you have it, then the problem becomes what you do with it. Besk knowledge I have is that the only way the patent xfers is by WARRANTY deed, not a quit claim deed. If you are displaced involuntarily (kicking and screaming...not just at the request of the sheriff, IRS, etc.) and the land is taken, all the 'new owner' can have is equitable title, not legal title UNLESS you allow it to sit as is for 20 years. Your 'right' to exercise your patent is gone at that time.
: As I learn more, I will send it to you. e-mail me if you are interested.
I have been looking at "allodial" for some time. It appears that if you have a patented property here in the west, then you have all of the "rights, immunities, privileges and powers" of the government transfered to you. The patent can not be alienated except by overt act. Patents can be transfered by Bill of Sale and such transfers should be documented in a chain of title and sent to the appropriate BLM office.
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