BRIEF SUMMARY FOR BASIS AS TO WHY PERFORM A TITLE SEARCH (ABSTRACT)

The United States of America never had, or held, sovereignty; proprietary title; public
trust; public interest; control; or jurisdiction to, over and of the lands within the New
England and Atlantic oast states, e!cepting "lorida, or #ennsylvania, $est %irginia,
&entuc'y, Tennessee and Te!as( The only e!ception being those lands which any state
ceded total, partial or concurrent legislative jurisdiction, title, interest and control to the
United States through their respective legislative act)s*(
E!cluding the founding states and Te!as, all other states entered into the Union came
from territories ac+uired by the United States of America either from the founding states
cession of lands, outright purchase or treaty obligations from foreign national
governments( ongress, empowered by Article ,%, Sec( -, l( . of the onstitution,
enters new states into the Union out of the public domain( These states are /public land0
states and are given certain powers, duties and responsibilities per compacts
)contracts* identified as /Enabling Acts0 that ongress passes into law )statutes at
large*( $ithin some of these /public land0 states there e!ists land that had already
conveyed into private ownership, prior to that territories ac+uisition by the United
States of America, either from a previous foreign nation or one of the original founding
states(
ongress by authority of Article ,%, Sec( -, ,( 1 of the national onstitution has passed
hundreds of acts to dispose of land from the public domain or, to confirm titles called
/private land claims0 issued by a foreign government( Today someone is buying land out
of the public domain from the United States and title to that land will be a United States
of America land patent( That land patent is issued to the original purchaser 2the
patentee3, his4her heirs or assigns 2who ever else buys that land3 forever( All rights,
privileges, immunities and appurtenances of whatsoever nature as stated in the
ongressional act and patent became vested to the patentee, his4her heirs and the
assigns on the date of purchase by the patentee( 5nce the land patent issues no one,
including the grantor, the grantee, an heir or, an assign can change the patent(
The highest evidence of title for the possession, use and enjoyment of land, as
determined by two hundred plus years of American jurisprudence is a land grant or
patent, issued either by a previous foreign government, a state or the United States of
America( The land grant or, patent, is conclusive evidence against all persons whose
rights did not commence previously and, against those persons not in privity with the
paramount source of the title( The only laws applicable to land are those laws that
e!isted at the time when title was issued( This applies to foreign royal charter, land
grant or patent, a founding state0s, a public land state0s or a United States of America
land grant or patent issued at any time( urrent public policy; statutes; ordinances,
administrative rules or regulations, legal definitions of words or phrases are not
applicable(
$hat is the intent of the phrase /the patentee, his heirs and assigns06 That was
determined by the U( S( Supreme ourt in Deli Vergne Refrigeration Machine Co. v
Featherstone, .78 U(S( 19:;
/The word /heirs0 in a patent should not be regarded as defining the e!tent of the
patentees0 own interest( ,t is not used in a technical sense, but indicates the
persons who are to have the benefit of the invention in the event of the patentee0s
death( The absolute character of the interest of the patentee is not attributable to
the word( The words of the statute /the patentee, his heirs and assignee0 whether
constructed according to the rules of grammar or to the intent of ongress mean,
/the patentee, his heirs or assigns0( They comprehend the legal representatives,
assigns in law, and assigns in fact and the phraseology raises no limitation in the
strict common law rule applied to realty(0
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Naturally the obvious +uestion you now as' is; what is my first step to ta'e6
A( "irst you need to locate the original title to land you intend to buy or already own
by doing a title search )abstract*;
.( ,f the land is located in a public land state you loo' up the legal description
2original U( S( government survey3 usually listed in your deed, mortgage
papers or property ta! statement( ,t will loo' similar to this; Serfdom Acres
subdivision < ., lot < =, located in the southeast +uarter of the northwest
fractional +uarter of section .9 in township T7N >=E
1( ,f the land is located in one of the founding states; Te!as; $est %irginia;
&entuc'y or; Tennessee, the legal description usually listed in those
documents as referenced above may be described in what is called /meets
and bounds0( $hereas, the legal description will be based on either a foreign
nation0s or that state0s survey and loo' similar to this; ?eginning at the large
oa' then running west for 1,999 rods to a large boulder, then southwesterly
for .,@99 rods to a cree', then easterly along said cree' for -,999 rods to the
point of beginning(
NOTE: ,n the original founding states original titles to land, especially located
immediately in or near 1@9 A -@9 year old cities, i(e(; New Bor' ity, Salem,
#ittsburgh, #hiladelphia, St( Augustine, etc(, the chances are the original titles
emanated from a European nation( E!ample; New Bor' ity; the title could be from
Colland or England, if not then it would come from the State of New Bor'( "or $est
%irginia, &entuc'y or Tennessee the original title could be from England, %irginia or
the respective state itself( "or Te!as the original titles could be from Spain, De!ico
or Te!as( "or "lorida 2a public land state3 the original titles could be from Spain,
England, the United States of America or "lorida( , can0t go into e!act detail for
each of the @9 states or the various territories(
N5TE; ,n some county register of deeds offices land titles are recorded either by
grantor4grantee listings which means the grantor is the seller and the grantee is the
buyer or, by tract inde! which always deals with the specific legal description by on
the original surveys( Also, be advised that one county register of deeds office may
record by grantor4grantee while a neighboring county register of deeds office may
record by tract inde!(
1( Now that you0ve located the original title you need to progressively wor' on up
in history to determine that there was no brea' in the chain of title from that time
to the present(
.( The reason for this is to ma'e sure that you, if you already own the land, do
not merely hold a /olor of title0 which is also called a /mar'etable title0( /olor of
EF means it loo's, acts, feels and smells li'e the real GDcoyF but isn0t, it only
has the appearance of the real GDcoyF( /Dar'etable0 means that if someone is
willing to buy it even if it0s worthless then it0s mar'etable( Similar to buying my
interest in the ?roo'lyn ?ridge and then recording it(
1( ,f the county where the subject land is located uses the tract inde! method of
recording you can progressively wor' your way up in time to the present,
just li'e reading a boo'(
-( ,f the county where the subject land is located uses the grantor4grantee
method of recording then it0s generally easier to wor' bac'wards in time,
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from the present bac'wards(
REMEMBER THE FIRST STEP YOU TAKE IS TO PERFORM AN ABSTRACT, OR TITLE
SEARCH, ON YOUR EXISTING OR ON PROPERTY YOU PLAN ON PURCHASING. UNTIL
THAT IS DONE YOU WILL MERELY BE GUESSING AND ASSUMING AS TO WHAT YOUR
PROPERTY RIGHTS ARE.
OWERANCE
c4o 7.8@ lintonville >oad $aterford, Dichigan 27H-1:3
#hone 17HA=87A17H@ "a! @9@A1.-A-@-H EADail davidwilburjohnsonIjuno(com
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