Allodial Land Title
WARN Vol. 1 Issue 1a July 4, 1997 p. 13
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, Magazines, Arsenals, dockyards, and other
needful 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, under Act of Congress.
Fictitious entities, like trusts, corporations, etc. cannot obtain land
patents except by express act of congress. An example of congress
granting land through patents to fictitious entities is the railroad
grants made to compensate the railroads 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, 13 PET (U.S.) 498 10 L.Ed.
264
In America today people think they own their land, but unless they have
the 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 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.
The Warranty Deed cannot stand against the 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, 54 FED 819, 2 IS
Ap. 581
The 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 country 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 Real Estate? It's a document that lays over the land in color
of title. It is proper only when no real title to the land exists.
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
seize land 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. We had forgotten about land patents.
For that cause when you go into a court today with a real property
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 there.
If you ever have the occasion to have to defend your right to your land
in court. And someone else presents a proof of land patent on your
land, you'll loose your land.
If you haven't brought your land patent up in your name, you may be
abandoning your right to your land and any prior owner with lawful
right to the land patent could bring the land patent up and evict you
off from the land you thought was yours, and you'll have to leave.
So contact us and get your land patent secured. It's important.
Now, let's suppose you have your Land Patent properly secured and for
some reason you have to defend your right to the land. What do you do?
If you understand the patent and how it works you'll defend it
successfully.
So again, here's how it works:
The Land came to the nation by treaty or war prize. 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. Then in that same act the
President makes the Grant Patent. 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.
So your land comes to you from the treaty through your Land Patent.
This is critical, the Land Patent secures the treaty to you. The court
is bound by the supremacy clause of the Constitution to uphold the
treaty making your Patent a statutory limitation throughout the land.
Wineman v. Gastrell 54 FED 819, 2 U.S. App. 581.
If you ever have to defend your right to the Patent here's how. Get a
full abstract on your land. The Abstract will show the assignment on
the land and patent from the patent to you. Each record of the Abstract
is a matter of public record, well established over time. If your right
to the land was well secured (Warranty Deed) and you have properly
brought up your Land Patent (Team Law's documentation has
worked over 50 years), you'll win, if you're prepared.
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Land Patents
Understanding how they work
There's been much talked about in relation to Land Patents lately. As
far as most of that talk goes I'm glad people are talking about them.
It's about time. The problem with patents is-ignorance
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 the IRS out of some amount of
funds. And, they think that they own their land because they paid for
it and they have a Warranty Deed.
Though it's true, "Land, protected by Land Patent, can't lawfully be
seized for debt or taxes." Therefore, no mortgage or tax liability
can stand against a Land Patent. It's still wrong to make an agreement
or obligation and then hide from that agreement or obligation by any
means. An honorable person just plain won't 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.
We live in a nation that hasn't 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 people will tell you that land patents don't work. What that means
is they don't know how land ownership works. They speak from
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
original 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
disposition. For example, here is a segment 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".
Enabling Act of Colorado
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.
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, is not listed above, yet it is one of the
best cites 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. 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.
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 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 the copyrighted "Declaration
of Land Patent", samples enclosed with this package.
Once you have accepted the proper assignment of the Land Patent and
you bring it forward by your authoritative declaration, 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 form, "Steps to secure your
Land Patent" available from Team Law.
The most important use of your Land Patent
My personal opinion is: In America today, the most important reason
to bring up your land patent in your name is to make yourself 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 re-elect 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 re-seat our
state and national governments we will loose our nation to IMF's New
World Order. If we do re-seat our governments we will have a chance
to save our nation and our Constitution. This is a Governor's
Election year. If you elect a natural State Governor this year, they
can re-seat their national Senators and those Senators will re-seat
the President. The entire world is watching us. And, most of the
world wants Liberty.
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Steps to secure a Land Patent Claim:
To prevent someone from evicting you off from the land you thought
you owned, you need to create documents to declare your acceptance of
the Land Patent that secures your Land. The following instructions
are the steps we followed to create the sample Land Patent Claims.
Our Charter doesn't allow us to give legal advise so we present these
instructions for your edification as educational materials only in
hope that you will educate yourself to 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. These are
the steps we follow using our own 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 us
directly or in our training albup, Do it Yourself Land Patents. With
the exception of our filling out our forms the following steps are
followed by the person seeking to secure their Land Patented Land.
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..
Second, find the land description on your right to the land and get
it into land patent format.
Land descriptions on Land Patents are almost all recorded 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 for your Land Patent Claim documents. 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
Subdivision's plat map. Find your lot and locate the Section,
Township, and Range that includes your lot. Get a copy of the County
plat map of the subdivision your land is located in; 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.
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 prepare two very important documents to complete your Patent
Claim. The new documents are the copyrighted "Quitclaim Deed" and the
copyrighted "Declaration of Land Patent". When those documents are
finished, you'll be ready to compile your completed Land Patent Claim
in the form of what we call a "Land Patent Sandwich." The Land Patent
sandwich is a single document compiled of several documents listed
top to bottom:
On top, the copyrighted "Quitclaim Deed".
Your right to the land, i.e. Warranty Deed, Grant Deed, Quitclaim
Deed, etc.
a) This document will not be a Trust Deed. If you have, a Trust Deed,
and you've decided to follow these instructions, you may contact Team
Law for additional help, (303) 919-0454.
b) If this document is a Quitclaim Deed, you'll need to place the
underlying authority (Warranty Deed) that passed the authority of the
land to you under your Quitclaim Deed.
The copyrighted "Declaration of Land Patent".
The Land Patent itself goes on the bottom.
The bottom to top order is very important! So start on an empty table
and set the Land Patent down on the bottom of what will become the
Land Patent Sandwich. Next comes copyrighted "Declaration of Land
Patent", which needs some preparation work done first so move on to
the next step.
Fifth, we merge the lot/subdivision format with the STRf from the
Land Patents. Having done that review, now you're ready to do the
same for your copyrighted Declaration of Land Patent.
Sixth we complete our copyrighted forms.
Seventh, when you get the forms back you go to a Notary Public, and
date and sign the documents as suggested.
Eighth, make sure that all four key elements of your Land Patent
Sandwich are in their proper place. The order is critical! The
documents are in order of authority.
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 declare that the land belongs (fee
simple) to the party named on the patent and to their heirs and
assigns forever. The patent is yours by 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). This Quitclaim Deed is likely the
most important part of the entire sandwich-it completes the move out
of the statutory and contract control and into the law of the Land.
The Land Patent Sandwich is one inseparable document.
Staple a copy of the Land Patent Sandwich together and you're done.
Making two copies is better, one for filing and one to keep secure
for yourself.
Nineth, you need not publicly file any records of your Land Patent,
however, most people prefer to protect themselves with public
filing. There are several methods of public filing 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 brought the patent up in your name 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.
As stated before in these instructions, once a Land Patent is the
operating authority on the land, the Land cannot be taken for debt or
taxes. For this reason some people don't want to record the patent
in the county records (no one can lawfully seize patented lands to
secure a debt). They are concerned that anyone wanting to obtain a
loan won't be able to find a bank that will loan them money. Others
want to file the patent in the county records because they are going
to be fighting off a foreclosure or a tax seizure and they want the
solid public record. If that is your case you should call us and get
with the team.
It is also important to realize that having a Land Patent does not
limit you from going into debt or from forming contracts. The fact
is that property taxes are the result of a private contract between
you and the state of 'X'. Nothing impedes the right of contract.
Well, that's about it for now. Please watch for our forthcoming book
on Land Patents and taking back America. A more indepth 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 is also
a good article on Land Patents in our WARN newsletter on page 13.
Sincerely, let's get together and take our nation back together.
Senator Madsen.
From the March 2001 Idaho Observer:
///Washington man successfully removes his land from tax rolls///
[This document and the details of this property are on file in the
office of The I.O.]
Following is the story of how I successfully withdrew my land from
taxation in Washington State. For three years the county prosecutor
threatened to foreclose on my property for non-payment of taxes.
However, my property was finally dropped from the tax roll last year,
and the county treasurer ceased sending the annual tax (rent)
statement. I have enclosed an affidavit from a disinterested person
who walked into the county treasurer's office and inquired into the
tax status of my land. He ascertained not only that the property was
not being taxed, but that the county had dropped the prior three
years of back taxes and penalties.
As county officials took an adversarial position towards me, it was a
rather complex and lengthy process walking through their defacto
government minefield. Up to now I have been pretty quiet about my
success, but I am now considering writing a book to detail exactly
how I withdrew my property from county, state and federal
jurisdiction. Given the complexity of this subject I can only give
a "cocktail napkin" sketch here of my successful actions.
The secret of my success is contained in a book entitled The Errant
Sovereign's Handbook by Augustus Blackstone (aka "Uncle Gus").
Without the fundamentals given in this book, I would not have gotten
to first base nor would I have built my case on a solid foundation.
So here is an abridged version of what I did:
1. I read the above book cover to cover and followed the procedures
to become a sovereign Elector.
2. I then followed Uncle Gus's procedure in Chapter 11 to attempt to
extinguish all tax debt attached to my property.
3. I withdrew my property from registration.
4. I perfected a land patent on my property.
5. I complied with the Uniform Commercial Code whenever I received
a "tax statement" in the mail.
6. As the treasurer and her "attorney" were totally uncooperative, I
had to finally play my trump card: Article I, Section 10, united
States Constitution - "No state shall.make anything but gold and
silver coin a tender in payment of debts." Uncle Gus knows how to
play this card effectively.
After many unfulfilled requests for information and documents, I
began to take steps to (potentially) place liens on certain county
officials. In the process three lawfully recorded affidavits (which
enumerated public disclosure violations) and $33 in recording fees
were unlawfully removed from the county auditor's office without my
consent and without a warrant (a felony in Washington.)
I subsequently sought a Declaratory Judgment against a prosecutor.
However, my suit was dismissed.
You probably won't be surprised to learn that the judge never read my
paperwork. I then began to press criminal charges and continue to do
so.
When I reported the "theft under false pretenses" of my affidavits, a
prosecutor, named in one of the stolen affidavits, threatened me (in
writing) with undisclosed prosecution. Isn't it rather ironic that it
is a felony in the state of Washington to threaten a civil "servant",
but the "servants" can, with immunity, threaten a citizen for
reporting a crime of a "servant?" Under these conditions I had to be
careful in wording my communications so as not to threaten to sue a
county "servant." Therefore, I simply made it clear that I "will
defend my right to private property to the highest court in the
land," which is not a threat but the assertion of a right.
Unfortunately, in today's world no one has any rights unless he or
she is willing to defend them. I believe my success in defending my
private property rights rests in the fact that 1) I used Uncle Gus's
technology to build an airtight case, 2) I am willing to publicly
expose abuse of power of civil servants, despite their intimidation
tactics, 3) I made clear resolve to take my case to the united
States' supreme court if necessary, and 4) it would cost "the county"
far more to usurp my private property rights than it would ever
collect through Marxist "taxation" or "foreclosure."
There are no guarantees, though. I believe the evidence that I have
accumulated thus far reveals not only abuse of power by county
officials but the fact that the Washington state governor and
attorney general do not support the supreme law of the land but,
instead, knowingly support the abuse of power by county officials.
Frankly, I do not find this encouraging. However, last fall I
perfected a land patent on a second parcel of land and the county has
never challenged it.
To obtain a copy of The Errant Sovereign's Handbook, send $18.50 (
FRNs or the equivalent in coin only) to:
Augustus Blackstone
c/o postal service address 9986 N. Newport Highway, #221
Spokane, Washington [99218]
I do not receive any remuneration for plugging Uncle Gus's book. I am
just very grateful because the information worked for me.
Yours in Liberty,
An American
"Steadfast and True in Washington State"