Allodial Title

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Allodial Title

Allodial Title
is a concept in some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.

Legal concept

Allodial lands are the absolute property of their owner and not subject to any service or acknowledgment to a superior. An allodial title is the opposite of a feudal tenure such as fee simple. The derivation of the word is still doubtful, though it is probably compounded of the Germanic all, whole or entire, and odh, property. Allodial tenure seems to have been common throughout northern Europe, but is now unknown in common law jurisidictions apart from the United States. Allodial titles are known as udal tenure in Orkney and Shetland, the only parts of the United Kingdom of Great Britain and Northern Ireland where they exist.

Development of equitable title

As late as the Tudor period, in order to avoid estate taxes, a legal loophole was exploited where land was willed to a trustee for the use of the beneficiary. However, trustees often abused this privilege, and heirs found that the courts of common law would refuse to recognize the "use" clause, and would instead grant title in law to the trustee. However, the courts of equity, which were developed by the sovereign to deal with obvious injustices in the common law courts, ruled that the heirs were entitled to the use of the property, and gave them title in equity. As rulings of equity courts ranked above those of common law courts, this gave heirs the use of the land, but not title to it in the common law.

However, this distinction between common law and equity title helped develop forms of security based on the distinction, now known as the mortgage. Enjoyment of the property during the period where the mortgage was in good standing could be assured through the equity courts, while the right to foreclose on the property to merge the common law and equity title were guaranteed in the common law courts.

How to do an Allodial Title

RIGHT & TITLE IS CONVEYED BY ASSIGNMENT

All right and title to land is conveyed by assignment, gift or grant directly from a Land Patent. Land Patent rights flow from the treaty and enabling acts via power of attorney to an individual landholder who in turn gives, grants and assigns the land patents to his/her heirs.

Freehold (i.e., allodial) land is beholden to no one. Possession is still 9/10th of the law. Caveat emptor < buyer beware. You have seven years to perfect a claim against land. If notice is duly given and no one contests your claim, it's yours after seven years. That?s the "fistful of dirt" doctrine. Permission to grow your own crops as a tenant is in effect an assignment by the landowner, if you claim it.

HEREDITAMENT = INHERITANCE = HEIR APPARENT APPURTANANCES that which belongs to something else, an adjunct or appendage; that which passes as incidenta, as a right of way or other easement to land.

We've been selling property, real estate and equitable interest for generations and abandoning the rights and title to land. Rights and title to land is well established in law. All you need to do in law is to prove that " Your Name" is a heir or assign to the original Land Patent.

The original Land Patent Office is now the Bureau of Land Management (BLM) which consisted of government land officers. Records of the original Land Patents are kept there. Perfecting an allodial title requires updating the original land patent and rewriting the legal description for the land in metes and bounds < the measurements of the original Surveyor General.

Research the abstracts of title, make a claim, and bring the title forward minus any exclusions (i.e., easements). Update and record your Land Patent in the "Great Book" at the County Recorder's office. Because bringing forth the true title is pursuant to the Common law, you must be a sovereign " state" Citizen to claim the rights and title to land.This is distinct from any actions relating to the equitable title, and any liens or encumbrances attached thereof.

Land Patent Process 1) update the original Land Patent with the legal description for your parcel in metes and bounds.

2) research the abstract of titles, make a claim as a heir or assign, and bring the title forward minus any exclusions.

3) re-record the updated Land Patent at the County Recorder?s office in the " Great Book."

UPDATE THE LAND PATENT AS A HEIR OR ASSIGN