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A patent for land is the highest evidence of title and is conclusive as evidence against the government and all claiming under junior patents or titles. If you have a Warranty Deed in your name (containing the legal description of your property) and a surveyors/plat map of your property, you can patent your land, EVEN IF YOU HAVE A MORTGAGE on your property. 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. A definition of land along the lines of a mass of physical matter occupying a space also is not sufficient, for an owner of land may remove part or all of that physical matter, as by digging it up and carrying away the soil, but would nevertheless retain as part of his land the space that remains.
The information set forth herein is purely educational and informative in nature and does not constitute professional, legal, tax or other advice. Ultimately land is simply an area of three dimensional space, its position being defined by natural or imaginary points located by reference to the earths surface.
A patent is the highest evidence of title and is conclusive as against the government and all claiming under junior patents or titles .
“Congress has the sole power to declare the dignity and effect of titles emanating from the United States; and the whole legislation of the Federal Government, in reference to the public lands, declares the patent the superior and conclusive evidence of legal title;” assigns forever.
In the United States, all claims of land ownership can be traced back to a land patent, first-title deed, or similar document regarding land originally owned by France, Spain, the United Kingdom, Mexico, Russia, or Native Americans.
Essentially, a Land Patent is the first conveyance of title ownership to land which the U. Among other things, Congress set up Government Land officers, now known as the Bureau of Land Management.
One of the earliest laws for granting Land Patents was passed by Congress on April 24, 1820.
To patent your land is to protect your land and enable you to keep your land, through thick or thin, in good times and in bad, no matter what. A Land Patent is permanent and cannot be changed by the government after its issuance. In that case, the land in question was tidewater land and Californias claim was based on Californias constitutional right to all tidewater lands.
Such a person (patentee), and his heirs and assigns, FOREVER OWNS that piece of land WITHOUT ANY RISK OF LOSING IT, until it is voluntarily given away, sold, or otherwise disposed of. Everyone owning rural property has a land patent on their property, even you. All land disposed of by the government prior to 1930 was patented to an individual (who, Im sure, has long since passed on), and that disposition was granted under various acts of Congress, such as the 1850 Oregon Donation Actsuch patent, in pertinent part, states to the patentee, his heirs, and assigns forever. 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. The patent stood supreme even against Californias Constitution.