Excerpts from: "Do you own your Land?"
WARN Vol. 1 Issue 1a July 4. 1997 p. 13
The foundation of this nation was real property ownership. That’s why the settlers came here. To insure private ownership of land, the nation’s founding fathers made it unlawful for government to own land except for the ten square miles of Washington D.C. and such as may be needed for erection of Forts, Magazines, Arsenals, dock-Yards, and other needful buildings. (The Constitution)
When an American fulfills the requirements to obtain a “Land Patent” the patent is assigned by and under the hand and seal of the President of the United States, under Act of Congress.
Fictitious entities, like trusts, corporations, etc. cannot obtain land patents except by express act of congress. An example of congress granting land through patents to fictitious entities is the railroad grants made to compensate the railroads for building railroads across America.
The Land Patent is the only form of perfect title to land available in the United States. Wilcox v. Jackson, 13 PET (U.S.) 498 10 L.Ed. 264
In America today people think they own their land, but unless they have the Land Patent on the land they do not own it. Most people today obtain “Real Estate” by contract and then on fulfillment of the contract they transfer control of land by “Warranty Deed”.
The “Warranty Deed” is merely a “color of title”. Color of Title means: “That which is a semblance or appearance of title, but not title in fact or in law.” Howth v. Farrar, C.C.A Tex., 94 F.2d 654, 658~ McCoy v. Lowrie, 42 Wash.2d 24, Black’s Law Sixth Ed.
The Warranty Deed cannot stand against the Land Patent. “A grant of land (Land Patent) is a public law standing on the statue books of the State, and is notice to every subsequent purchaser under any conflicting sale made afterward.” Wineman v. Gastrell, 54 FED 819,2 IS Ap. 581
The Land Patent is permanent and cannot be changed by the bovemment after its issuance. “Where the United States has parted with title by a patent legally issued and upon surveys makde by itself and approved by the proper department, the title so granted cannot be impaired by any subsequent survey made by the government for its own purposes.” Cage v. Danks, 13 LA.ANN 128
In the history of this county no Land Patent has ever lost an appellate review in the courts. As a matter of fact in Suma Corp. v California the Supreme Court ruled forever that the Land Patent would always win over any other form of title. In that case the land in question was tidewater land and California’s claim was based on California’s constitutional right to all tidewater lands. The patent stood supreme even against California’s Constitution.
Land cannot be taken for debt or taxes, but Real Estate can be.
What is Real Estate? It’s a document that lays over the land in color of title. It is proper only when no real title to the land exists. Banks and corporations like Real Estate because they can own it without an Act of Congress. They and others can use the fiction of title to seize land under the color of law.
They’ve taken their colors of title into the courts for so long that the people (under three generations of deception and ignorance) simply allow them to go ahead. We had forgotten about land patents.
For that cause when you go into a court today with a real property title case (a Land Patent case) chances are the judge and any attorneys involved won’t know what a Land Patent is.
The first court you run into that understands the power of a Land Patent may. be a U.S. Circuit court of Appeals, and in the history of this nation there has never been an appellate case where a propeily set Land Patent has ever lost there.
If you ever have the occasion to have to defend your right to your land in court. And someone else presents a proof of land patent on your land, you’ll loose your land.
If you haven’t brought your land patent up in your name, you may be abandoning your right to your land and any prior owner with lawful right to the land patent could bring the land patent up and evict you off from the land you thought was yours, and you’ll have to leave.
So contact us and get your land patent secured. It’s important.
Now, let’s suppose you have your Land Patent properly secured and for some reason you have to defend your right to the land. What do you do?
If you understand the patent and how it works you’ll defend it successfully.
So again, here’s how it works:
The Land came to the nation by treaty or war prize. The government only had limited ability to own land, as before mentioned, and all of the remainder of the land was held in the sole disposition of the United States until it was granted under act of Congress by the hand and seal of the President to some person. Then in that same act the President makes the Grant Patent Which means that the Land came to the nation by treaty and the patent assigns a specific part of that treaty to you and your heirs and assigns forever.
So your land comes to you from the treaty through your Land Patent. This is critical, the Land Patent secures the treaty to you. The court is bound by the supremacy clause of the Constitution to uphold the treaty making your Patent a statutory limitation throughout the land. Wineman v. Gastrell 54 FED 819,2 U.S. App. 581.
If you ever have to defend your right to the Patent here’s how. Get a full abstract on your land. The Abstract will show the assignment on the land and patent from the patent to you. Each record of the Abstract is a matter of public record, well established over time. if your right to the land was well secured (Warranty Deed) and you have properly brought up your Land Patent (Team Law's documentation has worked over 50 years), you’ll win, if you’re prepared.