One point that I might make is that, Land patents provide substantial benefits to land owners, no matter how small their property may be. By having a land patent in your name, you cannot be evicted from your property even by the state government, and no supreme court decision has ever ruled against land patents....Isn’t that too bad! Hence, you are secured of your ownership to the land forever. By knowing the functions of a land patent, it will make the process of buying, owning and settling on a new piece of property much less complicated.
Since the original grant of land patent by the United States was a contract by the United States for the benefit of the grantee, his heirs and assigns, forever, you as holder of a valid deed are an intended beneficiary. However, until you bring the land patent forward for your benefit, you are shown by the deed to be a tenant on the land, and because no one has accepted the land patent, the OWNER of the land is missing. Until you accept it, the land patent is just sitting there in the Bureau of Land Management, waiting for you.
Through proper documentation in the public record, YOU CAN LAWFULLY BRING FORWARD THE LAND PATENT, thereby PERFECTING YOUR TITLE TO YOUR LAND. Possession of the land patent empowers you in law to require the county to take your property off the tax rolls so it appears blacked out on the county tax map.
Land Patent Laws By WilliamHanz, eHow Contributor
Land disputes are common among both public and private property owners in the United States. Longstanding legal battles can arise because of such problems, and only one document can provide a sound and lawful decision to settle the arguments. That document is a land patent.
A land patent is a tangible piece of evidence that documents land which has been designated by the United States government to a public or private entity. This document serves as proof of ownership of land that has been acquired either through a grant, or a commercial purchase. Land patents uphold ownership of a property above any other document that seeks claim of the same land.
Most landowners think that once they pay for a piece of property and acquire a warranty deed, they already own the land; however, that's not always the case. Warranty deeds and similar documents of real property purchase are still susceptible to fraud, thus the U.S. government requires owners to secure land patents under their name in order for them to be regarded to as the legal owners of the property. In this regard, nobody else can claim possession of the land as long as the patent is in your name.
Land patents were made when the United States first acquired lands from other governments. Louisiana became part of America when it was bought from France, while the islands of Hawaii were possessed through military overthrow by the American government. Meanwhile, other American territories were acquired through treaties, such as the Guadalupe Hidalgo Treaty.
Various land patent laws have been created throughout history to further define the scope and limitations of land patents. According to the law, no tax liabilities can stand against a land patent, so the state government cannot charge taxes against your property unless you willingly contract your land to pay for your debts. Land patents also last forever and will become your heirs who are awarded with the land you owned upon your death.
EVIDENCE OF TITLE
A Patent of Land from the government is the highest evidence of title. It is evidence that all prerequisites have been compited with and cannot be questioned either in a court of law or equity, unless it be on the ground of fraud or mistake, CARTER vs. SPENCER, 5 MISS, (4 How) 42.56, 34 AM. DEC. 106. A Patent to the land is a judgement of the Land Department and a conveyance of the title in execution of it to the party adjudged entitled. And, when the land described was within the jurisdiction and subject to the disposition of the land department, it is impervious to collateral attack. WEFF vs. U.S. 165F.263, 277, 91C.C.A. 241. In other words you must have a Land Patent on any land that you buy. If you don’t have this Land Patent recorded in your name you really do not own the land, That is why if you have the land patented and have a homestead on it they cannot get the land away from you. The most important thing to do is have that land patented in your name when you buy the land.
DEFINITION AND PURPQSE
A Patent is another name for a land grant. A Patent for public land is a government deed for the premises. A Patent to the land to a private citizen is a deed of the government.
In that a Patent of land from the government is the very highest evidence of title, you must have one to show that you are the actual owner of the land. It is evidence that all prerequisites have been complied with, and cannot be questioned either in a court of law or equity, unless it be on the grounds of fraud or mistake. CARTER vs. SPENCER, 5 MISS (4 HOW) 42, 56, 34 A.M. DEC 106.
The reason for a land patent is this: You must show that you are the actual legal owner of that land. A patent is only another name for a Land Grant. A patent for public lands is a Government Deed for the Premises. A patent to the land is a deed of the government.
You may not currently know any reason why you need the protection of absolute ownership of your land, afforded by possessing the land patent, but the reasons may become more apparent as time passes.
For one thing, the U.S. Dollar is currently losing its world reserve currency status. If the consequences of this reduction in demand for the U.S. Dollar result in a debacle in which the dollar rapidly loses purchasing power internationally, we could all be in a situation where keeping up on our mortgage, paying property taxes and other obligations becomes more difficult than it is now.
It is paramount that we keep our home if we get into difficult financial circumstances. Therefore, prudence suggests that possessing the land patent on your land would be a good idea.
Gaining absolute ownership of your land is a good thing to do for many reasons. It used to be that people always accepted their deed and brought forward the land patent for their benefit. This was the dominant way land was held until, in the 1930's when the agricultural land boom of the 1920's became a land bust in the depression era, the banks tried to foreclose on farmers who had bought land on credit and they could not take the land from the farmers. Juries were simply not siding with the banks, and this induced the banks and the legal profession to change everyone's habits with regard to how land ownership is recorded.
Recording of land ownership became sloppy with the introduction of Title Insurance, which does NOT protect against foreclosure, nor from taking by the IRS, nor from taking by the County for unpaid property taxes, and so forth. Title Insurance also does not protect one from meddling by the local Building Department, Planning Department, Zoning, etc., nor from the state DNR (Department of Natural Resources) that may assume any game on your land belongs to them, not you, and that they have a right to fine you for breaking their rules.
If you possess the land patent on your land, you can tell hunting rules enforcement people to take a hike, and they will depart because they can get in big trouble for bothering the possessor of a land patent.
An architect in California called me about getting the land patent brought forward for his home and he told me that under UN Agenda 21 the local Building Department and Planning Department are being prepared to push people off their land, destroy their homes and return the land to pristine condition! He said this is actually being done in desert areas of California where the people are often economically unable to fight back. The UN Agenda 21 plan is apparently to do this all over the country eventually. If any of these governmental intrusions that range from bothersome to evil should be attempted on land for which the land patent has been brought forward for your benefit, you can defeat such intrusions in Federal Court.
What is the land patent?
The original owner of almost all land in the U.S. received ownership of their land in a "grant of land patent" from the U.S. government that conveyed absolute ownership of the land to the original owner, his heirs and assigns, forever. This was a contract between the U.S. government and the original owner, his heirs and assigns, forever.
If you own real property in the United States, you are most likely an heir or assign of an original landowner who received absolute ownership of the land and appurtenant real property through such a grant of land patent. Therefore you are an intended beneficiary of that contract and you can "bring the land patent forward" for your benefit.
Bringing the land patent forward for your benefit is done with documents in the Republic's land patent process. I am a certified land patent processor with the Republic. With these documents, you accept the original contractual grant of land patent. Without your acceptance, the contract does not apply to you. This is done by filing the documents, including deed and the certified copy of the land patent, in the public record. This filing is made simple now by filing with the Republic Records Bureau instead of fighting the County to get them to record your documents. Then you give public notice of your filing for the statutory required period of around 60 to 90 days, depending on state law.
This recording, plus the statutory public notice, gives you the status of absolute owner of your land, not subject to property tax, not subject to taking through foreclosure, not subject to taking by the IRS for taxes, not subject to taking by the County for unpaid property taxes, not subject under UN Agenda 21 to taking by the local Building Department or Planning Department, and not subject to any other "official" taking. The land patent filing is effective from the beginning of the notice period. You do not have to wait until the end of the notice period to enforce your absolute ownership in Federal Court, if needed.
Why is the land patent so powerful and enforceable in Federal Court?
The simple reason is that the grant of land patent was/is a contract between the U.S. government and you as heir or assign of the original grantee. The Constitution protects the obligations of contracts. This is settled law, which means that any bank or other entity that might attempt to come into Federal Court to oppose you in a Quiet Title Action has NO STANDING to state a claim because the land patent is paramount title and no lesser "colorable title" can defeat it.
However, the land patent contract must be accepted by you if you want to benefit from it. Those who ignore the original land patent document and leave it sitting in the Bureau of Land Management records and do nothing about it can NOT claim its benefits. Each landowner must claim these benefits for him/herself. The benefits are NOT conveyed by a deed, not even a deed "in fee simple".
Another reason the land patent is so powerful is that possession of a land patent is not available to entities like banks and other corporations. Only a sovereign can possess the land patent. Your status as sovereign is established for the purpose of the land patent filing by you signing an Affidavit of Sovereign Rights that gives the Republic for the united States permission to count you as a member.