In England, at least until the mid-1600’s and arguably until William Blackstone’s time in the mid-1700’s, property was exclusively owned by the King. In arbitrary governments; the title is held by and springs from the supreme head–be he the emperor, king, potentate; or by whatever name he is known. The king was the true and complete owner, giving him the authority to take and grant the land from the people in his kingdom who either lost or gained his favor.
Land ownership in America presently is founded on colors of title, and though people believe they are the complete and total owners of their property; under a color of title system this is far from the truth. When people state that they are free and own their land, they in fact own it exactly to the extent the English barons owned their land in common-law England. They own their land so long as some “sovereign”, the government or a creditor, states that they can own their land.
This is hardly what the forefathers strived for when creating the United States Constitution and what they did strive for is the next segment of the memorandum of law, allodial ownership of the land via the land patent. The American people, newly established sovereigns in this republic after the victory achieved during the Revolutionary War, became complete owners in their land, beholden to no lord or superior; sovereign freeholders in the land themselves.
A Land Patent is permanent and cannot be changed by the government after its issuance. “Where the United States has parted with title by a patent legally issued and upon surveys made 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 Summa Corp. v California, 466 US 198, 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.
When you borrowed 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 in meaning between the two words).
But, what you may not know is that even if you PAY OFF your mortgage, YOU STILL HAVE NO RIGHTS TO YOUR OWN PROPERTY. When you pay off the bank, the Title Company, as Trustee, simply re-conveys its limited estate (right of possession) to you via a Warranty Deed, and having served its purpose, it ceases to exist. HOWEVER, the Bank remains as the “equitable” owner and beneficiary and IT NEVER GIVES UP YOUR “DONATION” OF THE REAL PROPERTY. Shocking, isn’t it?
I’m sure you’ve heard about the occurrence of natural disasters where shortly afterwards the powers-that-be began a blatant gun grab from honest, law-abiding citizens whose only protection from the effects of the disaster was that gun, and who then became defenseless against the criminals. By patenting your land, you cannot be deprived of your constitutionally guaranteed right to bear arms because NO ONE CAN ENTER ONTO YOUR LAND TO TAKE THEM AWAY! (unless you give them permission to do so).
So land patent your property right away!!!