Land Patent

[Michael32170]

Source of Information (http://www.teamlaw.org/PatentHowTo.htm)


We present the following in the hope that you will educate yourself with the truth and prepare yourself to stand, as our forefathers did, and as the founding fathers of this nation did, with your Land, Liberty, and Rights intact.

By definition a Land Patent is the only form of proof of absolute title to Land in the United States of America. “A patent is the highest evidence of title and is conclusive as against the government and all claiming under junior patents or titles” U.S. v. Stone 2 US 525. The patented “grant of land is a public law standing on the statute books of the State, and is notice to every subsequent purchaser under any conflicting sale made afterward.” Wineman v. Gastrell 2 U.S. App. 581. “State statutes that give less authoritative ownership of title than the patent can not even be brought into federal court” Langdon v. Sherwood, 124 U.S. 74, 81. Land patents are granted to the named party and to their heirs and assigns forever. Therefore, to secure ownership of land you must have a proper chain of title secured to your acceptance of a properly assigned underlying land patent, or you could loose your land in a land contest. The following steps are the steps we follow to secure the proper documents to accomplish this. We use our copyrighted forms which we cannot publish here because there are so many unscrupulous people that would use these forms incorrectly. These forms are only available from Team Law directly. With the exception of our filling out said copyrighted forms the following steps are the steps followed by the person seeking to perfect their title with their acceptance of the Land Patent related to it:

First, you must have evidence of a your right to the land, i.e.: Warranty Deed, a well supported Quitclaim Deed, documented Assignment, Inheritance, etc. In any land rights battle, the complete chain of title is necessary so we would always secure the entire chain of title for our own records. To secure Team Law's documentation we do not need the complete Title, we only need to see certified proof of the most recent Deeds that grant the Land to you. We need to see a certified copy of your Warranty Deed (if your right to the land was acquired by a Quitclaim Deed we need to see a certified copy of it and of every other transfer document back to a Warranty Deed).

Second, find the land description on your right to the land (your deed) and get it into land patent format.

In the original 13 states, land descriptions are usually made by describing landmarks and 'meets and bounds', which is where a description starts at a known point then describes how far to go in each direction until the body of the land is described. That method is difficult to deal with over time, because landmarks can change, move and or disappear. Since the Constitutional Republic has been formed virtually the rest of the country was mapped in Section, Township, and Range format (hereafter “STRf”). If the legal description of your land on your right to the land documents (hereafter “Warranty Deed”) is not in STRf, then you need to get it into that format to find the proper Land Patent for your Land. To do that you need to trace the legal description on your Warranty Deed back to STRf. For example, if your Deed says, “Lot 3 of the Bryerton Subdivision as recorded in the Dexter County Land Records”, then you go to the Dexter County Clerk and Recorder's office and find the original copy of the Subdivision's plat map. Find your lot and locate the Section, Township, and Range that includes your lot. Get a certified copy of the County plat map of the subdivision your land is located in (we always get two certified copies of everything, then we keep the documents in two separate places for security’s sake); you'll especially need the part that legally describes the land. That part is called: “the legal”, and it almost always lists the Land description in STRf. While you're there it won't hurt to get a couple certified copies of your Warranty Deed from their records (if you don't already have them). If your land records describe your land in 'meets and bounds', you'll need to be able to prove the land described on your Deed is within the land described on the respective land patent—that can be done with certified official Plat Map(s) or you can contact a Certified Surveyor familiar with creating official plat maps. If you have difficulty with this you may contact us directly by logging onto Team Law’s Forum and send a Private Message to Admin requesting assistance. If you have, a Trust Deed and no Warranty Deed, you will also want to contact Team Law for additional help through our Online Forum.


Third, with the description of your Land in STRf, you’re ready to go acquire a copy of the appropriate Land Patent for your Land. This is done by taking the legal description of your Land, in STRf, to the Bureau of Land Management (BLM) and asking them (in their Land Patent records office) for a Certified copy of the Land Patent for the land represented by your Land description including, Section, Township, and Range. It’s a good idea to get at least two certified copies of the appropriate Patent and a copy of the "Patent Plat map" for the particular Township your land is in.

Fourth, now that you have certified copies of your Land Patent and certified copies and or originals of your Warranty Deed you’re ready to send your documents to Team Law for their completion. We will compile your documents into a Land Patent Sandwich. The Land Patent sandwich is a single document compiled of several documents listed top to bottom as follows:


Fifth, when you get the forms back minimally, you will need a Notary Public to date and sign your documents as suggested when you have them ready.

Sixth, you need not publicly file any records of your Land Patent, however, most people prefer to protect themselves further with public filing. A public record of your ownership interest can resolve allegations from anyone alleging they have an ownership interest and a statutory “race to the courts”. If you wish to make a public recording, there are several methods you may use. They are as follows:
File it in the Clerk and Recorder’s office with the land records of the county.
Make public notice that you accepted the assignment of the patent in the legal notices in a local newspaper.
Post the Land Patent Sandwich on the County’s public notice bulletin board (usually found at either the County (district) Courthouse or at the Sheriff’s office). Post Office bulletin boards would also be sufficient.
Understanding how the sandwich works: On the bottom of the sandwich, you have the highest authority of land title, the certified copy of your Land Patent. Its own words prove the land belongs (fee simple) to the party named on the patent and to their heirs and assigns forever. The patent proves your right of assignment or inheritance so the next document is your copyrighted Declaration of acceptance of the Land Patent. Your right to claim the land is your assignment on the land, which assignment is found within your Warranty Deed (where the deed says "grants" and/or "assigns"). Therefore, a certified copy of your Warranty Deed is the third document on the pile. The top document is your copyrighted Quitclaim Deed, which moves your land out of equity (fairness to the contract) and into law (fact in fee simple).

Keeping two copies is is best, keeping each in a separate secure locations.

With a land patent as the operating authority on the land, the Land cannot thereafter lawfully be taken for debt or taxes, except by the willing grant of the Landowner. This fact does not limit the owner from the ability to willingly enter contracts. Such contracts may contain the landowner’s full authority to convey the land. Team Law can help its beneficiaries understand and resolve related matters. For further information, contact us by logging onto Team Law’s Forum and send a Private Message to Admin requesting assistance.
Again, it is important to realize having a Land Patent does not limit you from willingly going into debt or from forming contracts. The fact is, property taxes are the result of a private contract between you and the state of 'X'. Nothing impedes your right to contract. Respectively, if you desire to so contract the property appurtenant to your Land, you obligate yourself to follow the terms and conditions of your contract.

Well, that’s about it for now. Please watch for our forthcoming book on Land Patents and taking back America. A more in-depth review of the Land Patent process is available in our Do it Yourself Land Patents album which you can get from our Order Form. There are also good articles on Land Patents in our WARN newsletter on page 13 and in our Open Forum Land 101 mini course presented there.

Sincerely, let’s get together and take our nation back.

[Michael32170]

Understanding how they work (http://www.teamlaw.org/LandPatents.htm)

There has been much talked about in relation to Land Patents lately. *As far as most of that talk goes I am glad people are talking about them — It is about time. *The problem with patents is the people are typically ignorant of them and of their effect.

Some say, “The only bad news is no news.”

It seems that most of the people in our nation today either have no idea what a Land Patent is, or they think it’s a good way to swindle, or otherwise avoid paying, a bank or tax collector some amount of funds. *The simple truth is, a land patent does not eliminate your ability to otherwise contract and secure the property that sits upon the land to others as collateral against your promise to pay. *People also think they own their land because they paid for it and they have a Warranty Deed—However, often that is not enough.

Though it is true, “Land, protected by Land Patent, can’t lawfully be seized for debt or taxes”, you must understand what ‘Land’ is before you will understand this rule of law correctly. *Accordingly, in law, no forced mortgage or tax liability can stand against a Land Patent; but, by the same token, the land patent does not eliminate your private ability to contract. *Further, knowingly entering into an agreement with the intent of not fulfilling said agreement constitutes fraud; not to mention, the honor bound moral responsibility that limits people from hiding from their agreements or obligations by any means. *An honorable person simply will not do it.

Furthermore, hiding from nearly any kind of situation is likely not the best way to go and Team Law can likely help you discover far better ways to solve any legal problem equitably — call us.

Historically, we live in a nation that has not had elections in its central government since before 1944. *The States individually stopped electing government officials at least by 1968. *The main cause of that was electors were either ignorant of their responsibilities or part of the national takeover. *The main cause of that was the people forgot about their abstracts and Land Patents and accepted Title Insurance instead. *(An abstract is a document that contains all of the transfer documents used to assign Title to Land from the Patent to the present.)

Some ignorant people will tell you, "land patents don’t work." *What that means is they don’t know how land ownership works. *They speak from their ignorance.

For those who have tried land patents unsuccessfully, the cause of their lack of success is — ignorance. *It’s time to put that ignorance to rest.

Think about it.

Where did the land within the United States of America come from?
It came from: England, France, Spain, Mexico, Russia, Hawaii, and from the Native American Indians.

How did the United States acquire the land?
By purchase like with Manhattan Island, the Louisiana Purchase, and Alaska;
By war power like with, Hawaii and much of the Native American Indian lands;
By Treaty like, The Northwest Territories Treaty, The Guadeloupe Hidalgo Treaty; and
By treaty as the end result of war like the Revolutionary War for independence from England.

The end result — regardless of how the land was acquired — a Treaty was ultimately designed whereby the land was resolved and reserved for the proper possession and individual ownership of the people of the United States of America. *Security in land rights was, and is, found within the Treaty.

Once land was acquired in the nation it was held by the United States until someone proved their claim to it. *Once the land was properly claimed and filed, the General Land Office certified that the surveys were paid for. *According to the various land acts of Congress, the land was then made patent under the signature and seal of the President of the United States of America.

When a State enters the Union of the United States of America, an Enabling Act is agreed to. *The Enabling Act requires that all of the unappropriated (unpatented) lands be forever granted to the Union for its disposition. *For example, here is an "irrevocable ordinance" from Colorado’s Enabling Act:

"That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States".

Without such transfer of control over the right and title to the land, there would be no effective authority in
a land patent sealed under the signature of the President. *For example, with few exceptions, U. S. of A. land patents have no authority in the Republic of Texas because Texas never ceded its lands to the United States. *Once the land is placed in trust under the sole disposition of the United States government it stands there until someone makes a proper claim for it and because the Constitution forbids the United States from owning it, they must grant it to the person that proves their proper claim to it; that is when the land is granted to the proper claimant and that grant is made patent under the hand and seal of the President.

Notice the net effect of these Enabling Acts in relation to state taxes and state statutes:

‘After exclusive jurisdiction over lands within a State have been ceded to the United States, private property located thereon is not subject to taxation by the State, nor can state statutes enacted subsequent to the transfer have any operation therein.’ Surplus Trading Company v. Cook, 281 U.S. 647; Western Union Telegraph Co. v. Chiles, 214 U.S. 274; Arlington Hotel v. Fant, 278 U.S. 439; Pacific Coast Dairy v. Department of Agriculture, 318 U.S. 285

Every State within the Union of States (with the exception of the Republic of Texas) granted their unappropriated lands to the United States as a condition of statehood. *Then as people acquired land, under various acts of Congress the President signed the patents securing the patented rights to the patent holders and their heirs and assigns forever.

There are many more cases where the United States Supreme Court has supported the fact that the Land Patent certifies absolute and supreme title to land. *There are no cases where the courts ever ruled against the properly obtained Land Patent.

Summa Corp. v California, 466 US 198, is not listed above, yet it is one of the best cases describing how land patents work. *In that 1980’s case the court noted that they had ruled and ruled and ruled and they were not going to rule again, the Land Patent is supreme title to land. *The case was one where California was granted the tidewater lands in the California Republic Constitution and therefore California went after a family’s land, which land was secured under patent on an old Spanish Land Grant. *Interestingly, the case doesn’t talk much about land patents; it talks about the Guadeloupe Hidalgo Treaty. *Imagine that, a land patent case that speaks mostly about the supremacy clause of the Constitution, which clause states that Treaties are supreme law even over a State's foundational Constitution.

Don’t you get it? Here’s how land patents work:

The Land was originally acquired within the United States of America by some Treaty.
Your Land Patent secures the rights of the Treaty upon which the land was originally acquired within the territories of the United States from the Treaty to the individual person named on the patent.
The patent specifically grants the described lands to the party named on the patent and to their heirs and their assigns forever.
The party named on the patent then passes the inheritance, grants, or assigns the patented lands to someone else, which heir or assignee is now named on the patent by that assignment. *The documents that demonstrate such an assignment are often called, "Deeds".
Because the granter can not compel you to accept the assignment it is necessary for you to take some action to signify your acceptance of the assignment. *For this reason we use Team Law's copyrighted "Declaration of Land Patent".
Once you have accepted the proper assignment of the Land Patent with proper documentation, you are named on the physical Land Patent where it says, "and to his heir and assigns forever".
It doesn’t matter how many times the land is reassigned. *The patent by its own creation lasts "forever" and belongs to the named party "and to their heirs and assigns forever".

So what do you do now to secure your Land Patent?
Follow the instructions presented on the following, "Steps to secure a Land Patent".

The most important use of your Land Patent

Our opinion is: "In America today, the most important reason to secure your land patent in your name is to secure your status as an Elector. *An Elector is a land owning freeman. *Only electors can vote for State Senators, Governors and Presidents of the United States of America. *When the Government vacated its responsibility to dispensation of the land by not maintaining elected Presidents and Governors the elector’s responsibility to reelect those officials becomes critical. *Do to the nature of land ownership in America, such elections can only be caused by electors. *If we don’t reseat our state and national governments we will loose our nation to IMF’s New World Order. *If we do reseat our governments we will have a chance to save our nation and our Constitution. *This year Governor’s Elections are taking place in: New Jersey, Virginia. * If you elect an original jurisdiction State Governor this year, they can reseat their national Senators and those original jurisdiction Senators will have the authority to reseat our nation’s original jurisdiction President. *The entire world is watching us; and, most of the world wants Liberty.

We're working to take our nation back! * To learn more visit the
Governor's Corner

More reading: * * Excerpt's from Do you own your land?

The Land 101 mini course on Team Law’s ‘Land Patents’ Forum.

Listen to Senator Madsen on Land Patents on Real Audio.

Get the latest Real Audio Player here:

[cnocaingeil]

What exactly is the point of a Land Patent? Just to make it harder for someone to steal your land?

Personally, if I ask to buy someone's property, they agree, and I pay for, I assume it's mine. The government has the money and guns, so I also assume they can take it any time they want, regardless of how I own the land.

This just looks like a way to try to cheat people.

[Michael32170]

Yes, it requires federal action to take your land. I guess it can be used to cheat people. But, it helps you to fend off local government taking your land to sell to others.