04/01/2023, 22:48 Land Patent FAQ, Part 2: How to File a Land Patent

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LAND PATENT FAQ, PART 2: HOW

TO FILE A LAND PATENT
Posted by CourthouseDirect.com Team - 12 September, 2018

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04/01/2023, 22:48 Land Patent FAQ, Part 2: How to File a Land Patent

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.

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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

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04/01/2023, 22:48 Land Patent FAQ, Part 2: How to File a Land Patent

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.

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through a land patent could not be superseded by the State or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.

There is one potential exception to the subordination of a state’s

constitution and statutes to federal land patents.

The State of Texas, unlike the other 49 states in the union, never
officially ceded its lands via an enabling act to the U.S. government
during its annexation. The federal government, therefore, may not
enjoy supremacy over land patents and deed issued by the Texas state
government.

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.

Disadvantages of a Land Patent

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04/01/2023, 22:48 Land Patent FAQ, Part 2: How to File 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.

Interested in learning more about mineral rights?

Download your free copy of Unearthing Mineral Rights »

How to File a Land Patent

There are four steps, or elements, to filing a land patent.

1. Prove you own the land

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. Typically, the authority is the
county or municipal clerk’s office.

If you are working with a quitclaim deed, you must produce certified
copies of every quitclaim deed between yours and the original warranty
deed. You can visit the county or municipal clerk’s office to obtain the
certified documents to prove your chain of title.

Other documents to provide include assignment of ownership and proof

of ownership through inheritance.

2. Describe and confirm the location of the

property
You must confirm the exact location and bounds of the property. The
best way to obtain an official description is by securing a certified plat
map from the county clerk’s office.

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.
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In the 13 original states (and Texas) the land description consists of

“metes” and “bounds.” The description started at a known point and
described how far to go in each direction until the entire property is
described. An acceptable description today may require a certified
instrument showing the land is physically located within the boundary
of the land patent’s land description.

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.

3. 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. 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.

4. File your patent publicly (optional)

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.

File it in the Clerk and Recorder’s office with the land records of
the county.
Create a public notice in the legal notices section of your local
paper, indicating you accepted the assignment of the patent.
Post the copyrighted quitclaim deed, certified copy of the warranty
deed, copyrighted declaration of acceptance of the land patent,

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04/01/2023, 22:48 Land Patent FAQ, Part 2: How to File a Land Patent

and the certified copy of the land patent in the post office, county
or district courthouse or the Sheriff’s office.

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.

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J.J. CAMPBELL 24/01/2017, 21:39:54

CAN YOU PLEASE TELL ME WHERE I CAN GET THE FORM:Declaration of

Acceptance

 Reply to J.J. CAMPBELL

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04/01/2023, 22:48 Land Patent FAQ, Part 2: How to File a Land Patent

Jay Merrett 23/03/2017, 15:34:49

In your previous post, you stated that Texas was in question as to the
legitimacy of land patents. We have land in Rains County. How does
obtaining a land patent effect our responsibility to pay taxes to the local
authorities and their ability to enforce collection of such? How is such
property, once a patent is granted, affected when we go to pass it on to
our children and their children after that? What do they do if they decide
to sell the property in the future?

 Reply to Jay Merrett

Gabriel Angulo 05/04/2017, 14:07:37

I called my county recorders and ask if I file a land patent and they told
that San Diego County doesn't record land paten.

 Reply to Gabriel Angulo

Damon Schneider 17/11/2017, 23:38:25

I too have everything in order to go to BLM, however im confused as to

this "Declaration of Acceptance" did you ever get an answer as to the form
or how to write one. A sample ect. Ect.??
Thanks

 Reply to Damon Schneider

CourthouseDirect.com Team 28/11/2017, 20:39:00

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04/01/2023, 22:48 Land Patent FAQ, Part 2: How to File a Land Patent

Hello Damon, thanks for reaching out to CourthouseDirect.com.

Unfortunately, we do not have examples to provide you, but an
attorney should be able give you the answer you need.

 Reply to CourthouseDirect.com Team

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