{"id":44786,"date":"2016-08-01T07:35:53","date_gmt":"2016-08-01T11:35:53","guid":{"rendered":"https:\/\/stateofthenation2012.com\/?p=44786"},"modified":"2016-08-01T07:36:42","modified_gmt":"2016-08-01T11:36:42","slug":"44786","status":"publish","type":"post","link":"https:\/\/stateofthenation2012.com\/?p=44786","title":{"rendered":"“Do you own your Land?”"},"content":{"rendered":"

Edited Excerpts from: “Do you own your Land?”<\/span><\/h2>\n

WAR<\/span>N<\/span> Vol. 1 Issue 1a July 4, 1997 p. 10 <\/span>(order info<\/a>)<\/span><\/h3>\n

<\/p>\n

by\u00a0by TeamLaw.net<\/p>\n

The foundation of this nation was real property ownership.\u00a0 That\u2019s why the settlers came here.\u00a0 To insure private ownership of land, the nation\u2019s 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, Magazines, Arsenals, dockyards, and other needful buildings. (The Constitution).<\/p>\n

When an American fulfills the requirements to obtain a \u201cLand Grant\u201d the grant is assigned by, and made patent under, the hand and seal of the President of the United States of America, in accord with an Act of Congress.<\/p>\n

Fictitious entities, like trusts, corporations, etc. cannot obtain land patents except by express act of Congress.\u00a0 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.<\/p>\n

The Land Patent is the only form of perfect title to land available in the United States. Wilcox v. Jackson, 38 US 498; 10 L.Ed. 264<\/a><\/p>\n

In America today people think they own their land, but unless they have the Land Patent on the land they may not own it.\u00a0 Most people today obtain “Real Estate” by contract and then on fulfillment of the contract they transfer control of land by “Warranty Deed”.<\/p>\n

However, a “Warranty Deed” is merely a “color of title”; and, color of title can mean: \u201cthat which in appearance is title, but which in reality is no title\u201d. Howth v. Farrar, C.C.A. Tex.; 94 F.2d 654, 658<\/a>; McCoy v. Lowrie, 42 Wash. 2d 24<\/a>, Black’s Law Sixth Ed.<\/p>\n

It is important to note that when in contest a Warranty Deed cannot stand against a Land Patent.\u00a0 A grant of land, made Patent, is a public law standing on the books of the State and is notice to every subsequent purchaser under any conflicting sale made afterward. Wineman v. Gastrell, 53 FED 697, 2 US App. 581<\/a><\/p>\n

The Land Patent is permanent and cannot be changed by the government after its issuance.\u00a0 “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<\/a><\/p>\n

.<\/div>\n

In the history of this county no Land Patent has ever lost an appellate review in the courts.\u00a0 As a matter of fact in Summa Corp. v California, 466 US 198<\/a> the Supreme Court ruled forever that the Land Patent would always win over any other form of title.\u00a0 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.\u00a0 The patent stood supreme even against California’s Constitution.<\/p>\n

.<\/div>\n

Land cannot be taken for debt or taxes, but Real Estate can be.<\/p>\n

What is Land?\u00a0 By definition: \u201c\u2018Land\u2019 is not restricted to the earth’s surface, but extends below and above the surface.\u00a0 Nor is it confined to solids, but may encompass within its bounds such things as gases and liquids.\u00a0 A definition of \u2018land\u2019 along the lines of \u2018a mass of physical matter occupying a space\u2019 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 \u2018land\u2019 the space that remains.\u00a0 Ultimately \u2026 \u2018land\u2019 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.\u00a0 \u2018Land\u2019 is not the fixed contents of that space, although, as we shall see, the owner of that space may well own those fixed contents.\u00a0 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 \u2018land\u2019, remains immutable.\u201d\u00a0 Peter Butt, Land Law 9 (2nd ed. 1988)<\/a> Reprinted in Black’s Law Dictionary, Seventh Edition<\/span><\/p>\n

What is Real Estate?\u00a0 It\u2019s a document that lays over the land in color of title; though it is not the Land itself, it may include with it the right to real property that sits upon the Land.\u00a0 Banks and corporations like Real Estate because they can own it without an Act of Congress.\u00a0 They and others can use the fiction of title to it to seize property under the color of law.<\/p>\n

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.\u00a0 Generally, people seem to have forgotten about land patents.<\/p>\n

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.<\/p>\n

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.<\/p>\n

If you ever have the occasion to have to defend your deeded right to your land in court and someone else presents their proof of right to that land secured by the land patent, you’ll lose your land unless you have similar proof.<\/p>\n

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.<\/p>\n

So contact us and get your land patent secured. It’s important.<\/p>\n

Now, let’s suppose you have your Land Patent properly secured and for some reason you have to defend your right to the land.\u00a0 What do you do?<\/p>\n

If you understand the patent and how it works you’ll defend it successfully.<\/p>\n

So again, here’s how it works:<\/p>\n

The Land came to the nation by treaty or war prize.\u00a0 The government only had limited ability to own land, as before mentioned, and all of the remainder of the land was held in the sole disposition of the United States until it was granted under act of Congress by the hand and seal of the President to some person.\u00a0 Then in that same act the President makes the Grant Patent.\u00a0 Which means that the Land came to the nation by treaty and the patent assigns a specific part of that treaty to you and your heirs and assigns forever.<\/p>\n

So, your land comes to you from the treaty through your Land Patent.\u00a0 This is critical, the Land Patent secures the treaty to you.\u00a0 The court is bound by the supremacy clause of the Constitution to uphold the treaty making your Patent a statutory limitation throughout the land.\u00a0 Wineman v. Gastrell, 53 FED 697, 2 US App. 581<\/a>.<\/span><\/p>\n

If you ever have to defend your right to the Patent here’s how.\u00a0 Get a full abstract on your land.\u00a0 The Abstract will show the assignment on the land and patent from the patent to you.\u00a0 Each record of the Abstract is a matter of public record, well established over time.\u00a0 If your right to the land was well secured (with a properly secured Warranty Deed) and you have properly accepted and secured the Land Patent to that Land (Team Law’s documentation has worked over 60 years), you’ll win, if you’re prepared.<\/p>\n

~ \u00a0~ \u00a0~.<\/div>\n

For more on Land patents check out:<\/p>\n

Land Patents – Understanding how they work<\/strong><\/a><\/div>\n

The Land 101<\/a> mini course on Team Law\u2019s \u2018Land Patents<\/a>\u2019 Forum.<\/p>\n

To listen to Senator Madsen on Land Patents order the Audio Tape: “Do you own your Land?”<\/a><\/p>\n

___
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