WHAT IS A LAND PATENT?

WHAT IS A LAND PATENT??

Essentially, a Land Patent is the first conveyance of title ownership to land which the U.S. Government grants a citizen who applies for one. One of the earliest laws for granting Land Patents was passed by Congress on April 24, 1820. Among other things, Congress set up Government Land officers, now known as the Bureau of Land Management. Land was usually sold in parcels of 160 acres for $1.25 per acre. The law in 1820 prohibited the borrowing or use of "credit" for the purchase of government land. In the debates in Congress prior to passage of this act, Senator King of New York said in March 1820 ... "it was calculated to plant in the new country a population of independent unembarrassed freeholder ... that it would place , in every man, the Power to Purchase a freehold. the price of which could be cleared in 3 years... that it would cut up speculation and monopoly ... that it would prevent the accumulation of alarming debt which experience proved never would and never could be paid" !!! (emphasis added) Later on, in 1862, a Homestead Act stated in Section 4: "That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor".

It can be clearly seen that the intent of these early lawmakers was for the people of this country to be FREEMEN AND FREEHOLDERS of their land, and not ever be subject to have it taken from them by any government, feudal authority or banker or any other party who might have a claim against the person who owned the land. In plain English, a Land Patent which gave you an allodial freehold, that was "judgement proof and yes- even immune from tax liens. In [60] effect, the only authority over you or your land was GOD himself. In England, a man, who owned free from authority of the king, was known as a freeholder and his land as a freehold or allodial freehold. Most land patents in the U.S. were issued prior to 1900. However, even today, new land patents continue to be issued, mostly for gas, oil and mineral rights on public lands. For this reason, there are several land offices that remain open in the United States.



WHAT IS THE VALUE OF A LAND PATENT?



On the basis of all the case law I have seen, there is no doubt in my mind that a land patent issued by the Bureau of Land Management which gives you a title at law is far superior to any title acquired in equity. such as a sheriff's deed. The land patent will, therefore, prevent your ejectment and removal from the land or the property you occupy on the land. The debts or claims of other parties will remain, but the land will be removed from assets which they can attach. The law is on the books today which says that any debts, which lie against the land, that existed prior to the land patent being issued, are removed from the land. The next question is; if the land patents were issued 100 or more years ago to persons who are no longer alive, and if I now reside on only a portion of the land that was originally described in the original land patent, then how do I bring up the land patent in my name'? And if I bring it up in my name, will it remove the land as security which the Bank or Mortgage Company can sell and seize in a foreclosure action? [61]



DECLARATION OF LAND PATENT



The procedures which I will describe are not time tested, as they have not worked their way through the U.S. Supreme Court. This does not mean that these procedures will not ultimately be successful. Any basis for a legal approach must be supported by a legal theory. We already know and can substantiate that an original land patent will protect your land from any equitable or collateral attack. However, we do not know for certain that the existing procedures will vest in us the same rights and immunities by filing a DECLARATION OF LAND PATENT, and updating it in your name. However, since there is little to lose and possibly much to gain, it would be wise to file a DECLARATION OF LAND PATENT, in the future event that it is sustained.

The theory is based on two premises. First, in the original land patent, that was granted, lets say 100 years ago the land patent document itself says that this patent is granted to the original party AS WELL AS TO THEIR HEIRS AND ASSIGNS. While most of us are not heirs, ARE NOT WE ALL ASSIGNS? Since land patents were originally issued, nearly all conveyances of title were done by the use of deeds, like Quit Claim Deeds and Warranty Deeds. However, the money lenders found a way around land patents by creating, new paper instruments like deeds of trust and mortgages, all of which convey equitable interests. However, the land patent its remains the highest title at law, and few persons have updated a land patent in their name. Where a land patent exists, no lien or mortgage could be ever placed on the land. Since the intent of the lawmakers is the law, historic evidence shows that our founding fathers wanted us to own the land [62] in its entirety, and subject to the claims of no other man or government or other institution. Because the laws were passed by Congress setting up Land Offices to grant land patents, the best jurisdiction in which to raise these issues are the Federal Courts.

In the Declaration of Land Patent, we then declare that we are the ASSIGNEE'S of the original land patent, even though we may be 2nd,..3rd, 4th, etc., after the party to whom the original patent was issued. TO LET YOU KNOW HOW SERIOUS THE FEDERAL GOVERNMENT IS TAKING THESE DECLARATIONS OF LAND PATENTS, Don Walker has recently stated: "That in Illinois, he personally knows of a farmer who applied for a $500,000 loan and was told by the Federal Land Bank that it would be granted if he removed his Declaration of Land Patent. Also, the FLB is now itself applying for and filing Declarations of Land Patents on farms it is "foreclosing on". We have also learned that oil, gas and coal companies are filing these declarations on land already titled in their name through deeds. Also, Dennis Schlueter of Fort Collins, Colorado has stated: he knows of banks who are foreclosing on mortgages, that are then filing these DECLARATIONS OF LAND PATENTS on the property that they just foreclosed on. Now if these land patents were worthless pieces of paper, then why is everybody jumping on the bandwagon?

After the review of several different land patents, the one enclosed in this paper is, considered the one that best sums up what is to be said. [63]

The one major pitfall, that must be avoided, is that when filing the declaration of land patents, do not place the same legal description in the declarations that was in the original land patent issued by the Bureau of Land Management. What this does is cloud the title to the property of other persons who are living in properties that are part of the legal description of the original land patent. As a result, several lawsuits were filed to quiet title. To prevent this from happening, you must write in your Declaration of Land Patent only the legal description of the property to which you are an assignee. In other words, the legal description from your deed or abstract is what you must use. For this reason, the enclosed Declaration of Land Patent has in it, adequate language for this purpose. A Declaration of Homestead should be attached to your Declaration of Land Patent, but the legal description in your Declaration of Homestead must be 160 acres or less to comply with Federal Law on filing Homesteads. Along with the declaration of Land Patent and the Declaration of Homestead is a certified copy of the original land patent which you can obtain from your nearest land office. These papers are all stapled together and filed in either your County Recorder's office or with the Register of Deeds.

DO NOT SEND CHECKS. SEND MONEY ORDERS ONLY / MAKE PAYABLE TO: Bureau of Land Management

After you receive your copy of the original Land Patent or Land Grant, then staple it to a Declaration of Land Patent and file it in your County Recorder's office or Register of Deeds. You now have your allodial title. If you haven't filed a Declaration of Homestead, then you should do so and attach it to your Land Patent. You may file a Declaration of Homestead on up to 160 [64] acres, but not more. A Declaration of Homestead can only be filed on property that you actually live on. A Land Patent can only be filed on property that has been assigned to you. You don't file one on your neighbor's property or they can sue you for slandering his title.

A Declaration of Homestead should be filed whether or not you file a Land Patent. It may be filed with, before, or after your lawsuit is filed. Both Land Patents and Declarations of Homestead must be Notarized. A sample of both are enclosed. Make photocopies of both before using them or you may retype your own.

After your Land Patent is filed, you must send a photocopy by Certified Mail Return Receipt Requested to your bank or mortgage company, FLB, FMRA, PCA, etc and to any and all parties that may have an equitable interest in your property so they have been placed on NOTICE that you are updating the Land Patent in your name and they will have 60 days to challenge your claim to your allodial title in a court of law or forever keep their silence. Be sure to keep your green tickets when they come back.



GIVING NOTICE IS A BASIC PRINCIPLE OF LAW. WHEN THE GOVERNMENT

LAND OFFICES ORIGINALLY ISSUED THE LAND PATENTS, THEY PUBLISHED

THE LAND PATENT WITH LEGAL DESCRIPTION FOR 60 DAYS: WHEN NOT

CHALLENGED BY ANYONE, THE LAND PATENT WAS THEN GRANTED. AN

ALTERNATIVE WAY TO GIVE THE OTHER PARTY NOTICE IS TO PUBLISH A

"NOTICE OF DECLARATION OF LAND PATENT" in a legal publication in your county

of residence.



Include the legal description on your property in the ad with this warning: "If any party having a claim, lien or debt or other equitable interest fails to file a suit in a court of law within 60 days [65] from the date of filing or on (insert date), then they shall waive all future claims against this land and it will become the property and allodial freehold of the Assignee to said Patent. (your name - Assignee)