Frequently Asked Questions

Q. What is your background?

A.   I have 19 years of Federal Land Patent Law experience. Also two plus years radio, in which I only talked about land rights. I had a short wave program, plus syndicate radio. Gave many seminars in California, Michigan and Ohio. I have been told hundreds of times that I did not know what I was talking about, even talk show hosts have told me the same. Yet not one of them could come up with as much as a word or sentence to prove me wrong. With my correspondence with people in most states I have acquired so much knowledge. I have helped people win in and out of court. I am not an attorney. My  cases have been as winning as simple sign ordinances, to being involved in cases of millions of dollars. Most of my clients are people who have a problem with local governments. Like wet lands, building codes, condemnations, pets on property, commercial use of residential property and many more. 

  United States Land Patents are the basis of most of our defenses. We describe in detail what the land patent means and how it works. All land patents are supported by one or more acts of congress. Of the 50 states not all have U.S. land patents. Such as Hawaii, which was a country when they became a territory. 

 

Q.What is a Land Patent?

A.   First and foremost your will need your Land Patent. It will tell you what has been set down as your rights to your land. These rights are carried from assignee to assignee (buyer to buyer, owner to owner, heir to heir, etc….) and cannot be changed. These rights are between you and the Federal Government and no other third party. It sounds too good to be true, but the background work for this is in any law library in the United States. Our Colonial Forefathers, who came from the English rule, developed Land Patents for every piece of land in America (excluding Hawaii).

  Land patents come from several different places. The original colonies land patents came from the corresponding country of control. (i.e. England, Spain, France etc.) The U. S. Government honors those patents because of the treaties. Those patents are still in force as are the patents issued by the U.S. Government today. All land patents are forever. The patents that were issued to the colonies can be found in the corresponding state archives. The state senators or representatives seem to be helpful in getting the patents for the colony states. Real-estate brokers can some times get the patents through one of the abstract companies, not only in the colonies but all states. Some states have the patents in the Secretary of States office. For getting the patents in the territory states, the Bureau of Land Management will have them. Call the eastern states office for the office that will have the patent for your property. The phone no. is 1-703-440-1714. You can get the patent by phone and a credit card. They have a fax service as well as the U.S. Mail. Or if you are with in driving range you can go in person. To go in person you will get the patent then and also see how the office works. To get patent you will need the full property description.

Q. When was the first U.S. land patent issued?

A.   It was issued March 4, 1788.  John Martin was the first person to own patented land issued by the U.S.  It has reservations to the U.S. for one third of all gold, silver, lead and copper within the same.  To his heirs and assigns for ever.  Signed by Samuel Osgood.

Q. Why is the land patent so important?

A.   The land patent is a contract be it from the United States or from a crown. Treaty prevails with the patent.  The only restrictions on land that has a patent will be spelled out in the same.  (i.e.) oil and mineral rights, road ways, ditches and canals.  The reservations are to the authority of the U.S.
On extremely rare cases the paten will mention local law or custom.  then it is spelled out to the letter as to how much.  If the reservations are present in the patent they may or may not be specific as to where the reservations are to be placed.  If not specific, at a later date the U.S. can enforce reservations as they deem necessary on the land.  For the federal, state, or local government to impose a restriction on the patent
held by a private citizen is a collateral attack on the patent (U.S. v Coronado Beach, 255 U.S. 472.)  Even subdivision restrictions are void and null.

Q. I own land under the lake.  The state has a boat launch next to my property.  Can the state give the people with a state boat license the right to use the water in front of my property?

A.   The answer is NO!  The only time the state or federal government can give permission to use land or water is when they have a preparatory  or monitory interest in the land.  (U.S.C.S. Sec 1982)  Get this from the public law library.  It is complete there.  You can put buoys on the property lines in the water.  The water is an appurtenances of the patent.

Q.The city has put a water meter on my pump on my property.  Now they send me a bill for the amount of water I use.  Can they do this?

A.   It sounds like they have, but that does not give them the jurisdiction to do so.  You should get the patent to the land and the act of congress it was issued by.   I want to point out, I do not dispute the elected officials intent of land use.  I only point out they do not have jurisdiction over the land or the land patent.  There are only four classes of people that can own land in the United States.  That is spelled out on the patent.  The U.S. government to the person whose name is on the patent, his heirs and assigns forever.  If you are not one of these parties, you are out.
 
 
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