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LAND PATENTS - What do you know about them Is,Florida in a land patent state and how to get it in someone 's name

Updated on January 11, 2014

Have you heard of "LAND PATENTS"?

A land patent is a claim of ownership or "title" by a person who pays to file it with the land patent office by paying a fee for the patent and a surveyor to measure the specific tract of land ,allowing you to register the said land with the land patent office.

There may still be some land to patented out west,but I understand that most all the land has been patented.already.Remember president Abraham Lincoln asked congress to give 20miles of land on both sides of the track to the railroads for every mile of track that they laid in order to encourage them to build rail lines as far as they could as quickly as they could.

The" land grant act" that congress passed also gave a certain amount of land to anyone who was willing to live on or homestead land that they improved upon and lived on for I think it was for thirty years,and filed for the land patent in their name,without any encumberances or(Debt) owing in order to get the land patent.Returning civil war solders were even given parcels of land to homestead.This is land that covers the mid western and western states.

The land patent is signed and given by the president to the filer of the land patent as a party to the treaty we have with other countries ,you then become Sovergn's if you pay the filling fee and the cost of surveying the Inhabit.If,done correctly the land is owned ,by you and your heirs in perpetuity ,meaning forever and the land that is patented cannot be taken for debts or taxes owed by you as the owner of that land after it has been lawfully and legally patented.As long as there is no flaw in your claim to the land patent. It cannot be taken away from you for any debt or taxes owed.after the patent is issued.If,you pass away and leave no heirs to your Real estate then the land should revert back to the united states government in trust so that someone else can have the opportunity to file a land patent on it once more.The Federal government cannot use any land other than that land necessary for its use within the ten square mile area known as the District of land needed for armaments and or other limited purposes. Although the states have let the federal government use state lands for federal court houses etc.This is specifically against the constitution,unless there is a constitutional convention convened in order to amend the constitution to allow that to occur.

Today someone owns the land patent on the land and you and I are paying a fee for the right to live on in the form of taxes for the most part.In some cases you will pay a fee in addition to taxes and or a mortgage plus taxes to a bank that doesn't own the land that your house is built on.The banks are only lending you the money with which to buy or rent the property and or building that sits or is built on the property.The land is or was likely owned by an individual who may have sold his rights to the property away to a builder although I'm not sure if that's lawful even though it may have been considered legal by the local courts. The Federal government cannot own land.It,can only occupy land given to it for a specific purpose by the constitution for the United States.

It's the same way with people who live in a trailer park,or mobile home park.You are paying the "owner" of the land for the right to live there.The thing is the person who bought the land that your paying rent to may not even be the true owner.Buying a piece of land or even a house on a piece of land without doing a title search is done all the time.Today,we just buy title insurance in case the title is bad.In that case who ever has title to the land is the real owner and can kick you off their property,but why should they?You are improving his land by building a house or some other structure that makes his property worth more.

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    • profile image


      6 years ago

      Hello someonewhoknows,

      Very interesting reading for those that have creative minds, but also wish to protect their intellectual work. It really give you a clear picture.

      Nice hub! I am following too!

    • David Campeau Jr profile image

      David Campeau Jr 

      7 years ago from Pennsylvania

      In all of the original 13 colonies, the Land is Patented. The Land Patents were issued by Kings. For instance, William Penn was granted all of the Land in Pennsylvania by the King of England.

      The Title to the Land is passed in two ways: 1) By inheritance; and, 2) by assignment. Warranty deeds are generally the instruments used to pass the title. Such documents are know as "color of title" instruments. They are not the Title itself; rather, they are the documents which evidence the assignment of the rights to the Land and the property appurtenant to it. Thus, if you do a complete Title search and get certified copies of all such documents, you can perfect the Title, proving your right and Title to the Land itself.

      Land Patents are the only Title to Land in the United States of America and are very powerful instruments. Of course, to use a Land Patent to your advantage, you must know the law and apply it.

    • profile image

      Joan Petty 

      9 years ago

      Florida has land patents they are the original purchase from the Louisiana purchase and patented to the State of Florida in 1800 by President RB Hayes. Some land was granted out to slaves and some land was sold by Florida yet In Highlands County, Florida there are more and more Land patents applications being filed at the recorders.Florida has the homestead Act. Some of the land in Florida was and is still swamp sands and some still have treaties that are active with the indians.

    • someonewhoknows profile imageAUTHOR


      9 years ago from south and west of canada,north of ohio

      As far as I know Land patients were given exclusively by the federal government.Specifically the land management dept.However,originally the land patent was for lands west of the original 13 states.I'm not a lawyer but I doubt that florida is a land patent state.Also Virginia is one of the original 13 states and wouldn't qualify as a land patent state.

    • profile image


      9 years ago

      Interesting Commentary. Any Idea if a Land Patent filed in one state is recognized by another state? For example a land patent filed in say Virginia, is it recognized by Florida?

    • someonewhoknows profile imageAUTHOR


      9 years ago from south and west of canada,north of ohio

      It's my understanding that,if it were known that a piece of land was patented that, no one in their right mind would lend someone the money to purchase that land,as the land once patented cannot be taken for debts or taxes.That's assuming that the patent on that land is done properly to begin with.So,if you had say 160 acres of patented land the only way you would reasonably be able to own it after it was patented would be to purchase it outright,rather than getting a loan.The reason I say that is as I said above,patented land cannot be taken for debt or taxes.No one would knowingly willing to lend anyone money on such patented land knowing that they had no leverage with which to get their money back.

      You definitely have to know if the land your buying is patented or not.If,it's not,then you have to know who owns it.I understand it can cost thousands of dollars to do a search on a piece of land.That's why someone came up with the idea of selling insurance specifically for the purpose of compansating a buyer for any claim against the land they purchased in good faith.The owner of the land patent has the right to kick anyone off their legally patented land despite the fact that the person or persons who bought it in good faith didn't know that the land was patented.Apparently some unscrupulous individuals have sold land that didn't belong to them,and the new owners found out the hard way that the land they thought they now owned was not their's after all.Therefore ,buyer beware.

      I would like to do more reasearch on the subject,but I just haven't gotten around to it yet.

    • profile image


      9 years ago

      My knowledge on the subject, although limited, is slightly different. It's my understanding that although yes, the land was origionally patented by someone else, that it was left to it's heirs and assignee's. (I think that's how it's spelled) And that over time, as the land was broken up into smaller plots and sold, each person who bought a piece, then became an assignee. So technically, you just have to know where to go to find the original patent, then prove that you purchased your plot, and take a few more steps, and the patent will be passed to you. or something like that. Long story short, you can own your land, even though it was patented long ago by someone else, because it was assigned to you when you purchased it. You just need to know where to go and how to prove it. Also, you need to know if it was state owned land or federal owned land. This will determine where your original patent was filed.

    • someonewhoknows profile imageAUTHOR


      9 years ago from south and west of canada,north of ohio

      I did a google search for-

      "North Carolina land Patents"

      There are too many websites to list them all here.The first on the list says public records though.You can click the link below or go there yourself through googles website

    • profile image

      adam mac 

      9 years ago

      how would one find the original land patent on North Carolina?

    • someonewhoknows profile imageAUTHOR


      10 years ago from south and west of canada,north of ohio

      Don ,are you sure you read my comment about almost all the land having been patented? It,may be possible to find some land that isn't "owned" but,they are probably few land tracts that are still out there and available to be patented.

      The reason I put up this hub ,was to try to familiarize people with the land patent and to realize that when they go to "buy" a piece of land or a house sitting on a piece of land that it is probably already owned by someone through a land patent "without" their knowlege,unless they paid to do a title search all the way back to the original owner.When I say "original",I mean the "owner" of "origin" of a particular land patent "first" filed on the tract of land that the tentative or subsequent "buyers" of the land or house,factory etc. are told is for sale that sits on patented land.Even when you are told that you can buy land,it may not be truely yours to own.Are,you required to pay property taxes?Then you obviously don't lawfully own the land,although you have legal rights to use the land.You,don't own it! Just as a tenent has legal rights,or a homeowner has legal rights,they still don't own the land their apartment or house sits on,even if they think they do,if the land patent is in someone elses name.Even,cars that you do own,or think you own are subject to the land patent,because you have to drive over patented land.

      I remember hearing that some universities are allowed to use,or build their facilities,buildings and soforth on patented land by the land patent owner or their heirs.I'm not sure if they simply did this without some legal document or not.I'm not a lawyer and I'm not an expert on land patent law.But,I do know that under land patent law,whoever owns the land patent has the authority to kick anyone off their land ,because it's like owning your own country.You can do whatever you want with your own private country.Just as I know States are really countries,with their own constitutions and laws.The people living their who are not the holder of the land patent are citizens,but not Sovereigns or kings as the land patent owner is.

      However,Sovereigns have responsabilities as well as privileges.Just as States have.The difference is States don't have kings.Don't tell the Governor's that,they might get ideas.At least not in the unitedstates of America.But,we do have Corporatocracies that act as if they were Sovereigns.We all know there are,city and state lines that limits what land a particular city or State has control over and these cities and States can make treaties or agreements between eachother for say mutual protection and on water rights etc.What we call countries are States or in the case of America ,Unitedstates that all agree to follow the constitution are all countries that signed on to a mutual agreement at the outset as The Unitdestates of America's States have done "To form a more perfect Union".Is,any of this making any sense to you?

    • dusanotes profile image


      10 years ago from Windermere, FL

      Wow! What a concept, Someonewhoknows. I'm like Anita Belle, I have a J.D. degree, but profs didn't talk about land patents, even in property law courses I took. Since I live in Florida, and it is not one of the original 13 Colonies, I can go out and get a Land Patent and build a house on it and not have to pay taxes and if the mortgage company forecloses then I can ignore them. Is that right? Why don't you write a second Hub stating exactly where we go to get these land patents in our cities or states?

      By the way, lest your readers want to know, the original 13 Colonies were Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, Rhode Island), Vermont (which had been disputed between New Hampshire and New York and which was an independent republic from 1777 to 1791), Kentucky (formerly part of Virginia until 1792), Tennessee (formerly part of North Carolina until 1796), Maine (formerly part of Massachusetts until 1820), and West Virginia (also formerly part of Virginia until 1863). Great Hub, Someonewhoknows. Keep me posted. Don White


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