In-depth research of ownership, minerals, liens and easements in Texas and New Mexico. A land patent is the only form of proof of absolute title to land in the United States. It protects the landowner from claimants of co-ownership as well as the United States government. A land patent is granted to the named party and his, her, or their heirs and assigns forever.
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In-depth research of ownership, minerals, liens and easements in Texas and New Mexico. A land patent is the only form of proof of absolute title to land in the United States. It protects the landowner from claimants of co-ownership as well as the United States government. A land patent is granted to the named party and his, her, or their heirs and assigns forever. Without a land patent, there is the potential to lose ownership of your property in a land contest. With a land patent, the property is no longer subject to any third party challenge.
Filing for a land patent is not difficult however you must be thorough in gathering your documentation to render proof of ownership. Land patents need not be filed publicly, however many landowners protect their land interests with a public filing.
Background on Land Patents. The concept of the land patent descended from old English law. At the time, the King owned all the land, but when the people demanded it, he conveyed the land to them under and allodial title or title in allodium. In the United States, the land has been transferred to the government through treaties, purchases, grants, and conquest. The United States then passed the land to the people of the nation using land patents as allodial title, such that it becomes public land.
However, public land is not the same as public domain. The difference between public land and public domain depends on whether the property has been appropriated. The State of Texas, unlike the other 49 states in the union, never officially ceded its lands via an enabling act to the U. The federal government, therefore, may not enjoy supremacy over land patents and deed issued by the Texas state government.
You must produce adequate evidence that you own the rights to the property in question. You must procure either a certified copy of the warranty deed to the land, or, if you own the land through a quitclaim deed, you must establish a chain of title between your deed and the original warranty deed. A certified warranty deed can be obtained from whichever local authority manages local properties. If you are working with a quitclaim deed, you must produce certified copies of every quitclaim deed between yours and the original warranty deed.
Other documents to provide include assignment of ownership and proof of ownership through inheritance. You must confirm the exact location and bounds of the property. If the country clerk cannot provide the document, you may hire a licensed surveyor to draw a plat acceptable to the local, state, and federal authorities.
The rest of the country was mapped in Section, Township, or Range format, which is acceptable for the land patent application. If the description of your property in the warranty deed or other proof of property right is not in STRf, it must be converted to that format.
Your current deed may state where the original subdivision plat map is located, which will show the exact boundaries of your land. Take your property deed and the legal description of the land to the local Bureau of Land Management offices to request a legal copy of your land patent. The request may take some time to fulfill because the BLM must use the official documents you provide to produce a certified copy of the land patent.
Ask for at least two certified copies of the land patent and a copy of the patent plat map for the Township in which your land is located.
While you wait, create an official declaration of acceptance to convey your acceptance of the restrictions the land patent imposes. You are reaffirming your respect for federal law, and ensuring you adhere to any restrictions the land patent places on your use of the land.
It is not necessary to publicly file any records of your land patent, but many choose to do so. There are several ways to accomplish the public filing. Once you have obtained your land patent, the property can never be lawfully ceased for debt or taxes except by the willing grant of the landowner you, your heirs, or your assignees.
You may still enter into contracts or accept debt on the property, but no one else can instigate such proceedings. While some may argue a patent-holder is trying to evade taxes or avoid past debts, the truth is that a land patent filing provides for your descendants in perpetuity. Site created and maintained by CourthouseDirect. Download Download Download Download Download. TX Coverage : Grid Map. View Now. Lease Alert.
More Info. Description In-depth research of ownership, minerals, liens and easements in Texas and New Mexico. Description Learn how we can help you get more value out of data. Background on Land Patents The concept of the land patent descended from old English law. Public land is land that has been appropriated or designated for a specific use.
Public land includes property labeled as monuments, national forest, parks, wilderness, and other uses. Land patents convey property in the public domain to private ownership, including public land conveyed to the government. Summa Corporation v. California established that ownership through a land patent could not be superseded by the State or anyone else. Ownership preferred by a land patent cannot have its authority or its jurisdiction diminished.
The land cannot be taxed. No third party claim can be brought against it. The government may not encumber the land through legislation. Ownership of land through a land patent also confers ownership of the water rights to any water or minerals originating on or under the property. Nobody can regulate or monitor the use of that water.
Disadvantages of a Land Patent A land patent could make it difficult to obtain financing or a loan on the land. Removal of the land from the tax rolls cancels any obligation to emergency services paid for by taxes. The land patent owner may enter into a private contract with each branch of emergency services to be served. How to File a Land Patent There are four steps, or elements, to filing a land patent. Prove you own the land You must produce adequate evidence that you own the rights to the property in question.
Describe and confirm the location of the property You must confirm the exact location and bounds of the property. Obtain the land patent Take your property deed and the legal description of the land to the local Bureau of Land Management offices to request a legal copy of your land patent.
File your patent publicly optional It is not necessary to publicly file any records of your land patent, but many choose to do so. Create a public notice in the legal notices section of your local paper, indicating you accepted the assignment of the patent.
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Allodial title constitutes ownership of real property land, buildings, and fixtures that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership by occupancy and defense of the land. Historically, much of land was uninhabited and could, therefore, be held "in allodium". Most property ownership in common law jurisdictions is fee simple. Some states within the U. Some land in the Orkney and Shetland Islands, known as udal land , is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown. In France, while allodial title existed before the French Revolution , it was rare and limited to ecclesiastical properties and property that had fallen out of feudal ownership.