Obtaining an Allodial Title is sometimes called getting a Land Patent
Getting started is not difficult!
- Get Evidence of Your Right to the Land
- Put the Land Description of Your Property in Land Patent Format
- Acquire a Copy of the Land Patent for Your Land
- Fill Out a Declaration of Acceptance of Land Patent
- File Your Land Patent
- File a Public Notice
The Difference Between A House Title Vs. A Deed
The main difference between a title versus a deed is the physical component. A deed is an official written document declaring a person’s legal ownership of a property, while a title refers to the concept of that person's ownership rights.
Keep in mind, although you can own a physical copy of a book, you can’t hold a book’s title in your hand. In this way, a book title and a property title would be the same: Both may not be a physical object, however both are concepts though. A deed, on the other hand, can (and must) be in your physical possession after you purchase property for you to have capacity and standing in any legal matter.
Understanding titles and deeds, as well as their purpose, is a fundamental part of land rights and proper land ownership.
What is a House Deed?
A house deed is a legal document transferring property ownership from a seller/grantor to a buyer/grantee. A deed contains a description of the property (including property lines) and denotes the seller/grantor and the buyer/grantee. Both parties must sign the document to make it official.
General Warranty Deed
A general warranty deed protects the buyer/grantee by assuring them that the seller/grantor has full title and is legally the sole property owner with legal rights to sell the property. This general warranty deed also promises that the seller/grantor has no knowledge of any property issues that may arise in the acquisition or which may arise in the future. A mortgage company, in many situations typically prepares the general warranty deed, however you can do it yourself.
As a home buyer, it’s important to look into your local laws to innerstand what should be disclosed to you during the acquisition or home-buying process. Frequent categories for mandatory disclosure to the buyer, include a history of violent crime on the property, neighborhood nuisances such as recurring bad odors, persistent property damage risks such as flooding and any major structural repairs that have been made. Sellers may also need to disclose whether the house is part of a historic district, since this can limit the extent to which a house can be remodeled.
- To-do for the seller/grantor: Research your local laws to find out what type of risks you must disclose.
- To-do for the buyer/grantee: With the seller/grantor, decide whether a general warranty deed is right for you.
Special Warranty Deed
A special warranty deed is similar to a general warranty deed but only guarantees title for the time the seller owned the property. This type of deed isn’t typically used for home purchases, but it’s used for the purchase of commercial property.
- To-do for the buyer/grantee: With the seller/grantor, decide whether this type of deed is right for you.
Quitclaim Deed
Quitclaim deeds are typically used when a property is transferred from one legal entity to another without any money changing hands. Popular examples of transfer via quitclaim include:
- Parents transferring property ownership to children
- One spouse transferring property ownership to the other
- Individuals transferring property ownership to trusts or LLCs
Quitclaim deeds are also used to change the legal name written on a deed in the case of a name change. Quitclaim deeds don’t come with the protections for the recipient that a buyer receives with a conventional deed.
Tip: Quitclaim deeds are sometimes erroneously referred to as “quick claim deeds.” Although the process of transferring property via quitclaim deed is indeed very quick, and this can be a good way to remember the difference between a quitclaim deed and a general warranty deed, it’s not correct to call a quitclaim deed a “quick claim deed.”
- To-do for the buyer/grantee: With the seller/grantor, decide whether this type of deed is right for you.
What Is A Title?
A title is a legal right to ownership of a property, including the right to sell. It’s not just real estate that comes with titles– boats, cars and many other property items of value do as well. Legal purchase of a house transfers the title to the buyer, so if or when you buy a house, the house title will be yours along with the deed.
Title Insurance
Title insurance is meant to protect the buyer from unknown property issues or encumbrances, Lenders will always require title insurance, but buyers can also take out title insurance.
Most experts or people who is involved in a lot of property acquisitions, recommend that home buyers purchase this insurance or negotiate with the seller to have them purchase it for the buyer (this isn’t uncommon). Title insurance is a crucial protection with any kind of ownership dispute. If a dispute arises without insurance to protect the buyer, in a worst-case scenario, the buyer could lose their property and the money they’ve invested in their mortgage.
- To-do for the buyer/grantee: You must first decide whether you would like to have title insurance. Decide whether you’re going to negotiate with the seller to have them pay for your title insurance, this is an option.
- To-do for seller/grantor: You must decide whether you’re willing to pay for the buyer’s title insurance.
Title Search
A title search seeks to uncover any limitations on property use. These limitations include easements and any unresolved payments tied to the property, such as liens. A title search also helps determine that the seller truly has a legal right to transfer ownership.
Although anyone may legally conduct a title search, a title company or real estate attorney. typically handles this. You can have a title search done as part of the process of securing title insurance, but it isn’t necessary. It is possible to have a purely informational search conducted.
- To-do for the buyer/grantee: Decide whether your title search will be part of the process of purchasing a title warranty. Decide who you would like to conduct your title search (or if you’ll take it on).
Abstract Of Title
An abstract of title is a document listing the property’s previous owners and any past encumbrances, such as liens. It'd typically the end result of a title company researching a property's chain of title.
- To-do for the buyer/grantee: This is another paper document that you should keep handy and store safely along with the deed after your home purchase.
Unlike the process in a Real Estate acquisition, an allodial title gives you absolute right to land, without any obligation to any landlord, sovereign or government. Look at how many people lose their house through foreclosure and get suffer from eviction by getting evicted our of their house daily. If you have allodial title to land, it cannot be seized; no government, agency or bank can place any lien, attachment or encumbrance on land secured by allodial title.
To be successful, you must follow a specific method for obtaining allodial title to your property. Getting allodial title is sometimes called getting a land patent.
Get Evidence of Your Right to the Land Obtain a warranty deed, quit claim deed, documented assignment or documented inheritance for your property. You must be able to establish a complete chain of title leading up to you as the current owner of the property. You will need certified copies of your proof documents from the county clerk's office in the county where your property is located.
Put the Land Description of Your Property in Land Patent Format The country clerk's written description of your land may be in any of a variety of formats. To obtain allodial title, convert the description into STRf, meaning section, township and range format. This is the best legal description of your property. You may need a real estate attorney to help you with this step.
Acquire a Copy of the Land Patent for Your Land Take the legal description of your land to the Bureau of Land Management. Ask for the Land Patent Records office. Show them your property description and proof of ownership, and request a certified copy of the land patent.
Fill Out a Declaration of Acceptance of Land Patent This is a legal form, which you obtain for free from your county courthouse. Fill out this form completely, using the documentation you have gathered to answer any questions about your ownership of the property. Sign this form in front of a notary public.
File Your Land Patent File your declaration form -- along with certified copies of your warranty deed, quit claim deed or any other proof of your right to the land -- and a certified copy of the land patent. File this set of documents in the Clerk and Recorder's office where the county land records are kept.
File a Public Notice Place a public notice of your acceptance of the land patent in your local newspaper. Obtain a copy of the newspaper and keep the page with your notice on it, including the date, in a file that is safe from fire or water damage.
Post a Certified Copy of Your Documents at the County Courthouse Find the "public notices" bulletin board at your county courthouse. Post certified copies of your proof of ownership, declaration of acceptance of land patent and the land patent itself on this bulletin board. You may want to photograph your posting to have visual proof of your action.
Always remember, the Sheriff is suppose to be the highest law enforcement public official in the county. Sometimes you must make them earn that Sheriff Badge by making them follow their Oath Of Office to protect your preserved rights!
