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Land Patents & Allodial Title


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#1 thebodidley

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Posted 12 April 2011 - 01:06 AM

Under the Constitution of The United States, We, The People, have the right to own property out right without interference from government servants with Land Patents or  Allodial Titles. With the Constitution of The United States being the Supreme law of the land, why are warranty and trusts deeds issued instead of the above named?

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#2 FindLaw_Amir

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Posted 14 April 2011 - 08:57 AM

I would assume the government/states has the authority to use different titles/terms as long as the meaning is regarded the same. Hope that helps.

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#3 Tax_Counsel

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Posted 21 April 2011 - 09:04 PM

thebodidley said...

Under the Constitution of The United States, We, The People, have the right to own property out right without interference from government servants with Land Patents or  Allodial Titles. With the Constitution of The United States being the Supreme law of the land, why are warranty and trusts deeds issued instead of the above named?

First, the Constitution does not provide the right to own property "without interference from government servants" nor does it guarantee any right to hold property with a land patent or allodial titles. Before you make claims about what rights the Constitution provides, I suggest you actually read the document. You can do that here: United States Constitution.

Next, you evidently do not understand the difference between deed documents and states of title. Land patents are simply deeds transferring property held by the government to private person. Warranty deeds and trust deeds are simply instruments that convey real property between private persons. The rights conveyed by these documents can vary and one must look at the terms of these deeds to see what property rights were transferred. it is a mistake to believe that the terms "land patent," "warranty deed," and "trust deed" are terms that refer to a specific set of terms or that they grantee will get a certain state of title simply because of the the general type of deed document used. They are simply general terms that describe a category of deed document.

An allodial title is a feudal concept referring to a title in which the right to the land was not dependent on a feudal lord. Based in concepts of feudalism, a true allodial title could not be taken away from the owner by anyone. it is thus said that allodial title is "absolute ownership" of the land. But in nations with the common law tradition (including the U.S., U.K., Canada, Australia, etc.), a true allodial title is rare. Indeed, it does not exist in the U.S. (and never did) because the Constitution provides the government with a right of eminent domain. Because the right of eminent domain allows the government to forcibly take property upon paying compensation to the owner, that right violates the allodial title concept that the owner cannot lose his allodial property. As a result, not only does the Constitution not guarantee you an allodial title, it actually makes allodial titles impossible.  Thus, in the U.S., the highest state of private land ownership is the fee simple.

If you are thinking (as some groups espouse) that somehow a land patent or allodial title would free you from taxation or any of the other obligations of our society, you are mistaken.





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