Allodial Title

The Allodial Title Booklet can provide

educational information about Adsolute
Ownership Rights For Real Estate & Land

❖ What Is An Allodial Title

❖ Eminent Domain

❖ Miniral Rights

❖ Easements

❖ Legal Title

❖ Deeded Title

Last Updated July 21, 2020

This Allodial Title Series Booklet provides limited educational examples

and information that can be utilized by individuals and professionals in
everyday life. It features articles about: Property Titles; Land Mineral
Rights; Eminent Domain; Land Easements; and much more.

1
Retail Donation Price: $9.95
New Christian Community Series
Published by: Housing 4 Now (A 501(c)(3) Nonprofit Agency
DISCLAIMER: The following information set forth within this Allodial Title
Series Booklet, is purely educational and informative in nature and does not
constitute professional, legal, tax or other advice. While we work to ensure that
information is correct and up to date, it is up to reader to verify all information as to
the truth or validity yourself, since you are the one who must take full responsibility
for any liability or loss incurred as a consequence of the use and application,
directly or indirectly, of this information. Our Allodial Title Series Booklet, is only
One Piece of the puzzle of becoming a New Christian Community Member.

What is an Allodial Title?

According to Wikipedia, the legal term of

“Allodial Title” means:

“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. Most
property ownership in common law jurisdictions is fee simple. In the United
States, the land is subject to eminent domain (compulsory purchase) by federal,
state and local government, and subject to the imposition of taxes by state and/or
local governments, and there is thus no true allodial land (Absolute Ownership).”

Usually when a person buys a home, a title company is hired to make sure the seller
truly owns the property and can freely pass it to you. Before you close, the title
company issues a report that indicates who is the true owner of the property and
what matters affect title to the property. A person may think that they own their
land free and clear, once it is paid off, but as a matter of fact, they may only have a
Warranty Deed to their property. Often that is not enough to establish land
ownership. Therefore, if a property owner pursues a Land Patent, then his/her
Land, cannot be lawfully seized for debt or taxes. Meaning, no mortgage or tax
liability can stand against a secured Land Patent.

2
FACT#1: Today over 85% of American
home owners, DO NOT have the highest form
of TITLE coverage on their homes, businesses,
or properties. Instead, they have "Deeds"
which are merely a "color of title." To
understand how the creditors or bankers
qualifies your property, it is essential to understand one legal term, "color of". As
defined by Black’s Law Dictionary 6th Edition, the word “color” is "an appearance
or semblance, as distinguished from that which is real. "Color of Title" is defined as
"that which in appearance is title but is not title in fact or in law." Write v. Matron,
18 How. (U.S.) 50 "….color of title is an appearance of title…. coupled with
possession, it purports to convey ownership.

What Happens When You Do Not Have A Land Patent?

For example, let’s say that you are buying a home and have a mortgage on it. And
for some reason, you lose your job and you can’t make the mortgage payments.
Now the bank that you are doing business with, will want to start foreclosure
proceedings on you for the property. 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. Therefore,
you created and gave them an interest in your land under what is known as a
“Cestui que trust”).

Meaning, when you borrowed the 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 between the two words).

3
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.)

What most people don’t know is, even if you PAY OFF your mortgage, YOU STILL
HAVE LIMITED 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.

Land Patent:
It seems that most of the people in our nation today either have no idea what a
Land Patent is, or they think that it is a good way to swindle, or otherwise avoid
paying your mortgage to your bank or paying taxes. The simple truth is, a land
patent is merely a Land Grant made Patent, which is to say, some sovereign
government’s Chief Executive (King, President, etc.) signed a Land Grant from that
government and sealed that Grant by making it Patent (permanent/forever
irreversible). Respectively though, the Land Patent is the Title to the Land. Land
patents do not limit your right to contract. And, that means land patents do not
limit your ability to secure your contracts with the property appurtenant to (that
sits upon or is related to) your land as collateral securing your promise to pay.

4
Why You Should Patent Your 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 …
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.

FACT #2: 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.

Do Land Patents Work?

If a land owner does not stand up and claim what his/her rights are, the court
systems will tell you anything. They will state that you do not have a right to apply
for exemption from taxation. When in fact, you do.

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.

5
In Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958), "No state legislator or
executive or judicial officer can war against the Constitution without violating his
solemn oath to support it."

In Klais v Danowski, the property owner sued to establish the boundaries of his real
property. The Michigan Supreme Court agreed with the landowner. The Court
found that the property conveyed in the land patent, which had a clear legal
description, was not lost to the landowner despite the fact that it was now lake
bottom under a public body of water. The property owner’s interests in this regard
were superior to the state’s.

A land patent is the instrument by which the federal government conveyed public
lands to a private grantee. Black's Law Dictionary 1156 (8th ed.2004); see Britt v.
Fed. Land Bank Ass'n, 153 Ill.App.3d 605, 106 Ill.Dec. 81, 505 N.E.2d 387, 392
(Ill.App.Ct.1987) (explaining that land patents were the means “by which the
government passe[d] fee simple title of government land to private persons”);
Schell v. White, 80 Ariz. 156, 294 P.2d 385, 388 (Ariz.1956) (same). Here, the
property at issue was conveyed via an original land patent issued by the BLM to the
Railroad on April 24, 1875.

Advantages of a Land Patent:

• The land cannot undergo foreclosure.
• 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.

6
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 (But the land patent owner may enter into a private
contract with each branch of emergency services to be served).

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.”

With a Land Patent, YOU DO NOT NEED

PERMISSION FROM ANYONE TO DO ANYTHING ON YOUR OWN 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.

FACT #3:
Once you have your land Legally Patented properly, no Police Officer, State official,
Process Server, Bank Official, the IRS, or any Federal Agency personal, can legally
enter upon your land without your permission. They would be considered to be
legally “Trespassing”.

7
Just remember One Caveat or Warning though. When you sign anything with the
town, county, or state where your property is located, 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.

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 inadvertently, you
give the County permission to come onto your property (just read the fine print).
Be careful of adhesion contracts. If you avoid them, then you will become the real
owner of your property.

Mineral Rights:

Your legal rights to the minerals in the ground on your land may vary from state to
state. Many individuals do not know that unless you apply for and secure legal
documentation of mineral rights on your land, the government will still retain
ownership of them. Mineral Rights are defined as the land owners property right to
exploit an area for the minerals.

Mineral rights can be separate from property ownership (see Split Estate). Mineral
rights can refer to sedentary minerals that do not move below the Earth's surface or
fluid minerals such as oil or natural gas. There are three major types of mineral
property; unified estate, severed or split estate, and fractional ownership of
minerals.

8
Air Rights:

Air rights are the property interest in the "space" above the earth's surface.
Generally speaking, owning, or renting, land or a building includes the right to use
and develop the space above the land without interference by others.

The owner of the land has the exclusive development rights in the 'space' above his
lands. The airspace is property and retains developmental rights which can be sold
or transferred.

FACT #4:
“Financial compensation is owed property owners when the use of their property is
substantially impaired by the federal government or by State government, or by the
aerial trespasser.

In the United States, the Federal Aviation Administration (FAA) has the sole
authority to regulate all "Navigable airspace", exclusively determining the rules and
requirements for its use. Specifically, the Federal Aviation Act provides that:
"The United States Government has exclusive sovereignty of airspace of the United
States" and "A citizen of the United States has a public right of transit through the
navigable airspace."

Congress has provided authority for the FAA to provide funds to purchase property
interests in airspace (navigation easements) near airports to accommodate planes
taking off and landing”.

9
Conclusion:

The real point is, that courts are not in favor of people seeking their rights to have
their property exempt from “Taxation”. Our State and United States courts, are
deeply corrupt and are ignoring the lawful principle of “stare decisis”, by ignoring
U.S. Supreme Court decisions consistently upholding the power of the land patent
in decisions that ruled in favor of those claiming the "forever" benefit of the land
patent. 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.

‘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.

Copyright Infringement Restrictions: In compliance with the contents of this E-book, we

state that the contents are have provided is for educational purposes. The E-book author
Housing 4 Now, and Lurone Lee its creator, own all of contents under the Digital Rights
Management (DRM) Act, and that restrictions for use of this E-books, do apply. That only
one copy of this eBook is granted for downloading purposes as a preventative measure to try
and prevent copyright infringement. When DRM restrictions and policies are incorporated
with an E-book, they aim to prevent illegal copying, sharing, and selling of E-books.

10