LAND PATENTS 101

farm-rural-land

If
you are under the impression that you “own” your property because you
paid good money for it and have the original deed with your name on it
stored in a secure place for safekeeping, then read on …

A. WHY I SHOULD PATENT MY LAND

… because,
in fact, you are not the equitable or beneficial owner of that property
but merely have what is called “color of title” with only an apparent
right of ownership and possession, without full and absolute title.
Color of title is not the same thing as ownership with full and absolute
title, but the powers to be would have you believe it is.

To patent your land is to protect your land and enable you to keep your
land, through thick or thin, in good times and in bad, no matter what.
Such a person (patentee), and his heirs and assigns, FOREVER OWNS that
piece of land WITHOUT ANY RISK OF LOSING IT, until it is voluntarily
given away, sold, or otherwise disposed of.

No local, state or federal
government, bank, mortgage company or speculator can ever take it away!

The supreme court of the United States of America has upheld land
patents time and time again. “A patent for land is the highest evidence
of title and is conclusive as evidence against the government and all
claiming under junior patents or titles.” United States v. Stone, 2 US
525.

For more than 80 years the government has been tight-lipped
about sharing this information with you (I wonder why?). Your interest
piqued yet? Read on.

Everyone owning rural property has a land patent on their property, even
you. It’s just that you don’t know it.

All land disposed of by the
government prior to 1930 was patented to an individual (who, I’m sure,
has long since passed on), and that disposition was granted under
various acts of Congress, such as the 1850 Oregon Donation Act—such
patent, in pertinent part, states “to the patentee, his heirs, and
assigns forever.”

As a subsequent deed-holder via an equity interest in
the property (you did pay for it, right?), you fall under the “assigns”
category.

THIS MEANS THAT ALL YOU HAVE TO DO IS UPDATE THAT PATENT BY
PUTTING IT INTO YOUR NAME.

Let me make this clear—a LAND PATENT does not forgive any debts you currently owe—that is not its purpose.

If you have a Warranty Deed in your name (containing the legal
description of your property) and a surveyor’s/plat map of your
property, you can patent your land, EVEN IF YOU HAVE A MORTGAGE on your
property.

DISCLAIMER!

The information set forth
herein is purely educational and informative in nature and does not
constitute professional, legal, tax or other advice. It is up to you to
verify all information as to the truth or validity yourself since you
must take full responsibility for any liability or loss incurred as a
consequence of the use and application, directly or indirectly, of this
information.

B. DO YOU REALLY OWN YOUR LAND?

The foundation of this
nation was real property ownership. That’s why the settlers came here.
To insure private ownership of land, the nation’s 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,
arsenals, dockyards, and other needed buildings. (The Constitution)

When an American fulfills the requirements to obtain a “Land Patent” the
patent is assigned by and under the hand and seal of the President of
the United States, in accord with an Act of Congress.

Fictitious entities, like trusts, corporations, etc. cannot obtain land
patents except by express acts of Congress. 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.

The Land Patent is the only form of perfect title to land available in
the United States. Wilcox v. Jackson, 38 PET (U.S.) 498; 10 L.Ed. 264.

In America today, people think they own their land, but unless they have
a Land Patent on the land they do not own it. Most people today obtain
“Real Estate” by contract and then on fulfillment of the contract they
transfer control of the land by “Warranty Deed”.

The “Warranty Deed” is merely a “color of title”. Color of Title means:
“That which is a semblance or appearance of title, but not title in
fact or in law.” Howth v. Farrar, C.C.A. Tex.; 94 F.2d 654, 658; McCoy
v. Lowrie, 42 Wash. 2d 24, Black’s Law Sixth Ed.

A Warranty Deed cannot stand against a Land Patent. “A grant of land
(Land Patent) is a public law standing on the statue books of the State,
and is notice to every subsequent purchaser under any conflicting sale
made afterward.” Wineman v. Gastrell, 53 FED 697 , 2 U.S. App. 581.

A Land Patent is permanent and cannot be changed by the government after
its issuance.

“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. In the history of this county, no Land Patent has
ever lost an appellate review in the courts. As a matter of fact, in
Summa Corp. v California, 466 US 198, the Supreme Court ruled forever
that the Land Patent would always win over any other form of title.

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. The patent stood supreme even against California’s Constitution.

Land CANNOT be taken for debt or taxes, but Real Estate CAN BE.

What
is Land? By definition: “‘Land’ is not restricted to the earth’s
surface, but extends below and above the surface. Nor is it confined to
solids, but may encompass within its bounds such things as gases and
liquids.

A definition of ‘land’ along the lines of ‘a mass of physical
matter occupying a space’ 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
‘land’ the space that remains.

Ultimately … land 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. Land is not the fixed contents of
that space, although, as we shall see, the owner of that space may well
own those fixed contents.

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 ‘land’, remains
immutable.” Peter Butt, Land Law 9 (2nd ed. 1988); Reprinted in Black’s
Law Dictionary, Seventh Edition.

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

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.

Generally, people seem to have forgotten about
land patents. 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.

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.

If you ever have the
occasion to have to defend your right to your land in court, and someone
else presents a proof of right to the land patent on your land, you’ll
lose your land.

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.

C. WHAT HAPPENS WHEN YOU DON’T HAVE A LAND PATENT

If you still have a
mortgage on your property and, God forbid, you lose your job and you
can’t make the mortgage payments, that wonderful entity who so willingly
gave you that mortgage will now foreclose on your property and boot you
off of it (without feeling the least bit of remorse).

That is because
when you signed the mortgage document known as a “Deed of Trust” (as
security for repayment of the debt created— they gave you money in
exchange which you have to repay—you gave them an interest in your land
under what is known as a “Cestui que trust”).

(In early law books, the
Cestui que trust arrangement was referred to as “uncouth” and
“barbarous” because it refers to a “beneficiary under a donation in
trust”.) Let me explain.

When you borrowed money from the Bank to buy your property, the bank
made you sign the Deed of Trust. By doing so, the Bank acquired
“equitable” ownership and you merely received “legal” ownership (“legal”
ownership is not the same as “lawful” ownership—there is a difference
in meaning between the two words).

The very process of signing the Deed of Trust divides the land (real
estate) into two parts:

(1) the “estate” which is your portion and
gives you legal status with limited right of use; and

(2) the “real
property” which is the Bank’s portion with FULL RIGHT OF POSSESSION.

You actually hold title to your property for the BENEFIT OF THE BANK. Did your Bank FORGET to tell you this?

But, what you may not know is that even if you PAY OFF your mortgage,
YOU STILL HAVE NO RIGHTS TO YOUR OWN PROPERTY.

When you pay off the
bank, the Title Company, as Trustee, simply reconveys its limited estate
(right of possession) to you via a Warranty Deed, and having served its
purpose, it ceases to exist.

HOWEVER, the Bank still remains as the
“equitable” owner and beneficiary and IT NEVER GIVES UP YOUR “DONATION”
OF THE REAL PROPERTY. Shocking, isn’t it?

You may be the legal owner with title to the property, BUT YOU ACTUALLY HAVE NO RIGHTS TO YOUR OWN PROPERTY.

WHEN YOU PATENT YOUR LAND, YOU NO LONGER “DONATE” YOUR REAL PROPERTY TO THE BANK. WAKE UP!

D. OTHER BENEFITS OF A LAND PATENT

Want to keep bureaucrats
and others from snooping around your property to search for code
violations?

Tired of endlessly paying fees for permits to build on your
own property?

How many times have you heard, “You can’t do that
without permission” or “You need a permit to do that which will cost you
X-amount of dollars?”

It seems harder and harder to do things on your
own land, and too much time, energy, and money is usually expended in
the process.

With a Land Patent, YOU DO NOT NEED PERMISSION FROM ANYONE TO DO
ANYTHING ON YOUR PROPERTY and YOU DO NOT NEED TO GIVE ANY GOVERNMENT
OFFICIAL PERMISSION TO COME ONTO YOUR PROPERTY (be it an official from
your town, county or state).

Neither a town nor its officers have any right to appropriate or
interfere with private property. Mitchell v. City of Rockland, 15 Me.
496.

HOW IS THAT FOR TAKING BACK YOUR POWER AND BEING SOVEREIGN?

One caveat or warning
though is that when you sign anything with the town, county or state you
are entering into a contract with them. By doing so, you give them
permission to come onto your property.

This is known as an “adhesion
contract” which is virtually a unilateral (one-sided) agreement like an
insurance policy where you have no say in the terms—it’s a “take it or
leave it” choice.

For instance, if you purchase a permit from the
County to build an outbuilding on your property, you are entering into
an adhesion contract and giving the County permission to come onto your
property (just read the fine print). Be careful of adhesion contracts!

If you avoid them, YOU REMAIN MASTER OF YOUR DOMAIN.

* * * * * * *

I’m sure you’ve heard
about the occurrence of natural disasters where shortly thereafter the
powers-that-be began a blatant gun grab from honest, law-abiding
citizens whose only protection from the effects of the disaster was that
gun, and who then became defenseless against the criminals.

By
patenting your land, you cannot be deprived of your
constitutionally-guaranteed right to bear arms because NO ONE CAN ENTER
ONTO YOUR LAND TO TAKE THEM AWAY! (unless you give them permission to
do so).

E. BRIEF HISTORY OF LAND OWNERSHIP

Prior to the Magna Carta
(the English charter originally issued in 1215), titles to land were
held by Barons and were considered “title in fee simple” but were,
however, subordinate to the superior title of the crown which was termed
“allodial”.

In other words, a Baron’s land and title could be stripped
from him at any time on the mere whim of a royal. Upon the forced
signing of the Magna Carta by King John of England, the crown’s allodial
title was abolished and the Barons secured the right of inheritance,
which meant that a Baron could not be arbitrarily stripped of his land
and title by a capricious monarch under any pretext, including
nonpayment of taxes.

Once the Barons had disposed of the superior
allodial claim of the crown, their own title in fee simple was the
highest land title obtainable in England and they held the primary
responsibility for direct stewardship over the land, which is how the
term “landlord” came about.

By the time the colonists came to America, the reform was well
established and familiar to them with regard to lands and titles, and
the rule of constitutional law in the United States was born.

Even though the term “allodial” (a superior title) does not exist today,
the court, in Stanton v. Sullivan, 7 A. 696, in concluding its opinion
of what a land patent is in this country, stated “… being in fact
allodial in nature.” (emphasis added).

This is another way of saying
that title by land patent may not be allodial in name, but it has all or
most of the characteristics of it and, overall, is superior.

Also, in Leading Fighter v. County of Gregory, 230 N.W. 2d 114, 116, the
court stated, “Patents are issued (and theoretically passed) between
sovereigns … and deeds are executed by persons and private corporations
without those sovereign powers.”

TAKE BACK YOUR SOVEREIGN POWER BY OBTAINING A LAND PATENT AND STOP THE BUREAUCRATS FROM LORDING OVER YOU!

YOU WILL BECOME THE SOVEREIGN AND THEY THE SERVANT! (instead of the other way around)

What are you waiting for?
For $600 total
($250 donation + publishing, certification and filing
fees and disbursements + a surprise valuable bonus), you can have the
peace of mind that sovereignty will bring you and your family.

I OFFER
MY ADMINISTRATIVE SERVICES TO DO ALL THE WORK ENTAILED IN PATENTING YOUR
LAND.

F. DEFINITIONS

If you want to understand
the concepts involved relating to real property, including your land,
you need to research “legal” Definitions. The legal documents used
nowadays contain technical words that carry specialized meanings so an
ordinary dictionary may not be used in this instance.

Black’s Law
Dictionary – 6th Edition is a good dictionary to use. Be sure to use an
older version of it, as new versions have dropped some of the words
(probably to keep us ignorant). Bouvier’s Law Dictionary is another
good source.

* * * * * * *

“Everyone’s House is His Castle.” Anonymous

“If the American people
ever allow the banks to control the issuance of their currency, first by
inflation and then by deflation, the banks and corporations that will
grow up around them will deprive the people of all property until their
children will wake up homeless on the continent their fathers occupied.”
Thomas Jefferson

“If the government is moving it’s lips, it is lying.” Johnny Liberty

* * * * * * *

We are all involved in a
huge belief scam which is a scam based on a lie which, when told often
enough (or by withholding of truth long enough) becomes a part of one’s
belief system but is, in fact, not the truth but a public lie. Wake up
and learn the truth!

TO PATENT YOUR LAND MAY BE THE SMARTEST THING YOU DO TO PROTECT YOU AND YOUR FAMILY!

You will be able to survive during the hardest of times, even on a small piece of ground that NO ONE can take away from you.

 

Ruth Bennett – Reposted July 13, 2012 – NationalAssociationOfRuralLandowners

 

NOTE: The above information is
provided as a service to landowners by the National Association of Rural
Landowners (NARLO).

However, the information presented comes from Ruth
Bennett of Tenino, Washington, a fee-based consultant for those
landowners wishing to file a land patent on their property.

NARLO has
not vetted this information for accuracy nor its legal foundation and it
is entirely up to the reader to read the information in that context.
We make no warranties, expressed or implied, that such information is
accurate in all respects.

See Ruth Bennett’s Disclaimer in the body of
the text. Please contact Ruth Bennett directly, if you want to inquire
about her land patent consulting services.

Information on LAND PATENTS
By Ruth Bennett, Consultant
Telephone: 360 264-2083

Or contact me by e-mail at:
[email protected]

 

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