Texas Land Patent

The mystery of Land Patents unveiled.

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Texas Land Patent

Postby Victor » Tuesday September 5th, 2006 8:50 pm GMT

To get to the point, I contacted the Texas General Land Office in Austin, Texas concerning the application for a Land Patent for my property. I was told that Texas does not issue Land Patents. I have my Warranty Deed, Certified Copy of the field notes with M&B designations, and a ceritfied copy of the plat (map) of my property. Is it my understanding that Team Law has a method of obtaining said Land Patent even though the representative from the Land Office denies that these documents are issued in our present day and age :?: And if so, how can I know that land patents have and can still be obtained in Texas without first becoming a beneficiary of Team Law. I appreciate all of the excellent posts, but I like to move cautiously and get all of the facts before acting.
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Texas Land Patent

Postby Geibes » Wednesday September 6th, 2006 3:25 pm GMT

Victor-
Welcome to the forum. Good for you to move cautiously and collect the facts. As Team Law notes, the facts are the history of the nation and the law and the only way to learn those is to study them yourself. However, Team Law is a great resource to help you along the way. Spend some time looking around (especially Land 101) and you will find that your question has been answered.

Whoever you talked to at the Texas General Land Office (GLO) was right. Even if Land Patents were still being issued today (I guess some are, but probably not very many), the Corp Texas GLO would not be the one issuing it. The President of the United States of America is the only one that can issue a land patent. Currently I don't suspect that acting President Madsen is issuing any. Also, I seem to remember reading that Texas Land Patents are different as well since Texas never ceded its land to the United States. Not sure about that but it might be something for you to look into. See Land Patents in Texas for a place to start.

So far as I know Team Law doesn't obtain copies of existing Land Patents. That's up to you. You may want to start by contacting the Bureau of Land Management (top link in Team Law's Online Resources section). Mine from 1836 was there and was also recorded at my County Clerk and Recorder's office but again, not sure if it's different in Texas.

What Team Law can help you with is preparing some paperwork that lets the world know that you have accepted the assignment of your Land Patent. After all if a gift (i.e. land grant made patent) isn't accepted, who does it belong to?

Becoming a Team Law Beneficiary is one of the best decisions I have made in my life - not that it has anything to do with your decision. I had Way of Kings™ nominate me. Another great resource!
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Re: Texas Land Patent

Postby Admin » Sunday September 10th, 2006 11:16 pm GMT

:h: Victor:
Geibes was right on with most of what he stated and it is not usually necessary for people to get new land patents today. The ones already at the base of their chain of title is sufficient. It is far more important to secure your rights to the Land as such existing land patents already provide if you can secure your rights as properly assigned from those records. That is one of the many things Team Law helps people do.

Apparently your problem was that you were looking for the corporate State of Texas to provide you with a land patent when in fact what you needed was a copy of the existent record they have stored from the Republic of Texas—they do store those records at least in Austin.

We hope this information is helpful to you.
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Re: Texas Land Patent

Postby Victor » Thursday November 2nd, 2006 9:51 pm GMT

Thanks geibes and admin for the responses. I have contacted the Texas General Land Office in Austin, Texas and have received certified copies of the original land patent that was issued in 1846. The certified color copy only cost $5 each. For those living in Texas, the number to call is (800) 998-4456. All you need is the survey number or abstract number in which your land is located. Most of the time, you can find this information on a copy of the land plat for your land, or from the subdivision's land plat map where your land is located. I was fortunate to stumble upon a local geneology society in my area. These inividuals are usually very eager to share their knowledge and help in finding historical references. If you have such a society near you, I would suggest contacting them.
I have a question concerning securing my land's patent. I am currently not a beneficiary of Team Law; however, my wife is. The warranty deed is in both of our names, so do I need to become a beneficiary prior to having Team Law draw up the needed documents to secure our land's patent? Also, the warranty deed is titled "Warranty Deed with Vendor's Lien". In that you are not able to read the deed, could such a deed (with a vendor's lien included) somehow cloud our ability to secure the land patent?
As a side note, I know that elections are going to take place next week, and I'm sure admin and others are busy preparing and/or helping others. I only wish that my wife and I could have worked quicker in order to have a voice and help restore our OJ government. Thanks for all of the awesome posts.
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Texas Land Patent

Postby Admin » Thursday November 2nd, 2006 10:13 pm GMT

:h: Victor:
Good job! We knew you could do it.

We often point people to genealogical societies to find such records. The worlds largest such organization with the largest resources to that end is the Church of Jesus Christ of Latter-Day Saints. They have an organization of buildings throughout the Country called “Stake Centers”. Each one of these buildings has a Genealogical Library in it and those libraries are open to the public. In fact, most of the people that use those libraries are not members of that church. Their voluntary services have been most helpful to many people in finding land and title records. We provide this information because their resource makes the fortune of “stumbling upon a local Genealogical Society” an easy thing in any area in the country if such a resource is necessary.

Your expectation is correct that if you are not a Team Law beneficiary Team Law would have to charge you for the service to have your name on the documents if you were not also a Team Law beneficiary. Your wife could make a supportive donation of at least $250.00 and thus she would be granted the privilege of nominating any Team Law beneficiary’s family with a family endowment, then you could also be a Team Law beneficiary and there would be no cost for the documents you asked about.

Regarding the election: The mere fact that you are an heir or assign on the land patent secures your right as an elector and you can participate in this years election by simply going to Team Law’s website, select the “Governor’s Corner from the menu. When you get to that page select the state name and then download the affidavit of election. Follow the instructions and mail your affidavit of election to the Governor on or before November 7th (preferably before).

We hope this information is helpful to you.
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Re: Texas Land Patent

Postby Shamus397 » Thursday August 30th, 2012 5:16 pm GMT

The folks over at the Texas General Land Office were very helpful, though I ran into a slight hiccup when attempting to track down a copy of the original land patent: The survey we received when we bought our property did not reference any abstract, and that's what the TGLO expects when requesting a certified copy of a land patent. If that happens to you, there is a link on the TGLO website that leads to an interactive map that you can use to look up the number of the abstract (usually of the form A-###). You can also search by street address as well on the map.

Now on to researching the chain of title... :)
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Re: Texas Land Patent

Postby Admin » Thursday August 30th, 2012 7:05 pm GMT

:h: Shamus397:
Land patents in Texas are quite often known and recorded by their Survey number; and where the land patent is the Title to the land and you cannot go beneath it to any prior Title is seems hardly likely that any abstract could be required by the TGLO. What the TGLO needs to find the land patent is the Survey number and the general location of the land.

Respectively, the “abstract” (as one might note from the definition of the word) is not an instrument with any real value in law; rather, it is an instrument that someone party may have generated to collect the information relevant to the documents in the “chain of Title” from the patent to the present. Thus, the abstract is only as good as the word of the party that generated it combined with the completeness of their review of the actual records within the “chain of Title”. Accordingly, the abstract is something that may come after the land patent was issued; and if one exists, the information on it may provide the information someone at the TGLO might use to verify what the Survey (Title/Land Patent) was that is at the base of the abstract.

Regarding a totally different matter:
Though one may contract with a professional surveyor to survey a parcel of land, the instrument such a surveyor might generate may be called a “survey”, but surveys have nothing to do with the official surveys the State made patent and uses as the basis for their land patent granting system. The surveys generated by such a professional surveyor may reference the official patented surveys of the State (made patent by the Governor (or President) of the Republic of Texas); however, that is not a requirement for such a privately acquired survey.

Thus, what the TGLO expects when you are ordering an official land patent from the State is sufficient information regarding the land patent in question such that they can know after which particular land patent you are inquiring. Respectively, if you have the specific patent secured official survey number, they will be able to get you a copy of the same. However, if you only have a privately acquired survey regarding the description of a parcel of land and that instrument does not bear any reference to the patented land survey the State issued regarding that land; then that instrument will provide little or no assistance to the TGLO. Thus, in such a case they might ask you if you have an abstract of title that they could review to help you find the particular patent for which you are looking.

We hope this information is helpful to you.
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Re: Texas Land Patent

Postby 4Hisglory » Friday October 19th, 2012 7:37 am GMT

Good Morning Everyone!!!
I have moved from Alaska to Texas…and have a Texas land patent…currently running the legal notice. I am wondering "how" the others in Texas are doing with all of this. Been searching for case law, etc.…but as you know, it is difficult, as all Texas lands were retained by Texas, and were never ceded over to the Feds to disperse......so I’m wondering what "is" and "isn't" applicable in cases such as Texas.

Unlike the rest of the United States, the verbiage is not the same. My patent from Michigan said, …“with all rights, privileges, immunities and appurtenances…” The Texas Land Patent says… “all rights and title…”


Just wanted to get some dialogue going, and see where other from Texas may be at this time. I am looking forward to any new information, or case law concerning such, as I am very close to filing a complaint. At this time…it would seem the crime they are attempting to commit is extortion.

We arrived in Texas with all of our belongings, etc.…and within two weeks were called and literally threatened by the local county that they now had jurisdiction over us and our land, and that we needed to get down to their office, pull and pay for the proper permits…etc.… “or” they are going to kick us off of our land!!!!

Wow!! Welcome to Texas eh?

Again…I’d appreciate any thoughts or research anyone from Texas may have come across. Thanks…
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Re: Texas Land Patent

Postby Admin » Thursday November 1st, 2012 2:49 pm GMT

:h: 4Hisglory:
To acquire the level of support you are asking for requires Team Law beneficiary support. However, if your inquiry had been posted in our Beneficiary’s Private Forum we would need significantly more information to discern the actual cause of the intrusion from the corporate state officials.

From what you did indicate, it seems like you are in the process of building something on the property appurtenant to the land that was not approved by the building department and if the property came with property taxes, then such a response would not only be reasonable it would be expected.

However, many people misunderstand the benefits and/or problems associated with landownership in Texas that result from Texas not ceding the land to the dispossession of the nation when the Republic of Texas entered the Union. The biggest advantage to that Republic was that it retained the right to maintain its own military defenses. Yet most people misunderstand that as well, imagining that it has to do with defending Texas within its borders; however, that benefit is centered more in the fact that the Texas Rangers (Texas’ military force today more popularly known as the Department of Public Safety) are not required to stop at the Texas border in the pursuit of justice—they can go anywhere in the country in their official capacity. However, when it comes to the security of the people in their inherent sovereign rights to land and or to the property appurtenant to it, the fact that the Republic of Texas retained the land to Texas is not a benefit; rather, it is a curse in that national land law does not apply in Texas. Thus, many protections that would otherwise apply do not.

Beyond those hints regarding Title to land in Texas, to address the issues you raised in your post further would require Team Law beneficiary support. So, with that response, we will have to wait to continue our response to you on the Beneficiary’s Private Forum once you quality for that service as a Team Law beneficiary.

We hope this information is helpful to you.
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Re: Texas Land Patent

Postby AtPeace » Thursday December 6th, 2012 10:56 pm GMT

I have been trying to perfect my ownership / stewardship on my properties (real-estate & land) in Texas. To start I have been studying on many websites on the internet over 40 years on the laws. I found through the B.L.M. That the original 13 states, Texas, and Hawaii (where I moved from last year) each keep their own records due to the fact that they were countries before the U.S. of A. was formed (first thirteen states) or were counties upon been annexed in to the U.S. of A. All other land grants Patented are kept with the B.L.M. I found the staff at B.L.M. not only very helpful but returned phone call immediately.
I then call the G.L.O. (Grant land office) in Austin TX. These folks were also extremely helpful, and took the information I gave them from my titles on the “Legal's” (surveys)
Then called me back to confirm on one of the legal's with what they had on record, this was with in minutes of my first call. I purchased through them, three color copies, all certified, for a cost of $5.00 each. Mail first class, and received in three business days.
After receiving them I went for a second ½ day (I spent ½ a day before I received my G.L.O. Paper work) to one county clerk and have all but completed obtaining a full set of certified copies of the deeds from present going back in time to the land grant patented.
The next day I spent at a second county and have done the same thing there for another piece of property all but one block out of four In one sale from a developer who slit the original acreage they purchased into blocks. That I will find tomorrow, as this does take some time looking up through numerous records and ways for each title between the land grant patented and my deed.


*** During my search I met and befriended several people who do this for a living, one of whom spent an hour with me in my search. It helps to be sincere and helpful to them and politely ask for help when you need it. This Lady Jodi, told me that since I was interested in the history that I should look at the deeds before the “Land Grant Patented by “THE STATE OF TEXAS” FOR THE “Land Grant Patented by “THE REPUBLIC OF TEXAS”. Then she proceeded to lookup deeds issued before the Land Grant Patented from the State of Texas” which I purchased in, certified form and at this point she told me that I could search on line or could call Texas G.L.O. in Austin TX. For the Land Grants Patented from the Republic of Texas. Which I will most certainly do.

***As a further note from G.L.O. some of the origonal land grants from Spain are also kept (all that could be gathered up at that time in the 1800s) and certified copies of these can also be obtained from the Texas G.L.O. Hope this helps everyone, good hunting.
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Re: Texas Land Patent

Postby Admin » Friday December 7th, 2012 12:21 pm GMT

:h: AtPeace:
To correct a presupposition from the first paragraph of your inquiry please note: BLM does keep records for all of the states wherever the federal government held land; however, the records for all of the states that touch or are east of the Mississippi River are located in the BLM’s Eastern States branch office located in: Springfield, Virginia. Primarily that includes the following 13 “Public Land” states: Alabama, Arkansas, Florida, Illinois, Indiana, Iowa, Louisiana, Michigan, Minnesota, Missouri, Mississippi, Ohio, and Wisconsin; however, though virtually all of the land within the original 13 states (that formed the Union) is privately held (thus, those states are not Public Land states), the federal government (either from original jurisdiction or through Corp. U.S. management of the land rights) does own land within those original 13 states and when such lands are dispossessed from the government, patents are issued and those land records are also accessed through the BLM; the same goes for Republic of Texas land and Hawaiian land that was once so owned by the federal government and subsequently granted to private parties via land patents. Each of the other states has their own BLM branch office, through which land patent records can be had; nonetheless, BLM is the Corp. U.S. government agency that holds virtually all of the land records for all of the lands that have been either owned by or held by the federal government; thus, the BLM is the source for retrieving any land patent that was ever issued by the United States of America either in its original jurisdiction or through its Corp. U.S. agency.

Thus, the reason the original 13 states records are generally held by those states is not because they were separate nations; rather, it is because most of the land within those states is private and was granted (before the Constitutional Republic was formed) either by foreign Kings or by those respective State’s governors. Thus, it is not because those states were countries by their own right; rather, the Land records were the records of that State or of the foreign country (like Spain, France, Holland or Great Britain) that issued that record. When copies of the records issued from foreign countries’ kings (such as those last listed) are kept in the local State records (where the land is actually situated), those records are found locally merely because they were recorded as historical record copies.

We have always had the same helpful friendly service from all such record keeper’s offices (when we have treated them with respect—which we always do). Also, the BLM records system is quite informative and helpful (see the link at the top of the page on Team Law Online resources page).

We hope this information is helpful to you.
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Re: Texas Land Patent

Postby Restorationist » Wednesday January 30th, 2013 4:03 pm GMT

Hi Admin,
We've read your “Land Patent 101” article as well as many, many other articles you have provided, especially dealing with Texas Land Patents. I don't know if these questions are general enough for the open forum, but I think they are. I apologize if they aren't.
  1. If we are transferring land from a Private Company (similar to a Trust), into our Sovereign names, is a Quit Claim the preferred instrument to use? If so, can we insert a clause of “Survivorship” into the Quit Claim?

    The Private Company has owned the land “free and clear” for 5 years (purchased in 2007 with clear Tilte), and has never contracted to pay the property taxes. The county has tried to claim a tax is owed, but we have never accepted or paid it. We are not registered voters, and the sellers paid the taxes to the end of the year, at the time of purchase.

    The county may try to claim a lien on the property for taxes and penalties, therefore, we thought the Quit Claim Deed would be preferred over a Warranty Deed. We considered paying the taxes, then doing a Warranty Deed into our names, however, with taxes and penalties, the amount would strain our limited retirement budget; but most importantly, we didn't want to give them jurisdiction or consent to tax the land/us. We would actually prefer a Warranty Deed if it can be transferred with an alleged tax lien on it. Your thoughts, please! :?:
  2. The Land Grant on our land comes from a Mexican Land Grant called a “Land Titled Grant”, not a Patent. The TGLO Agent in charge of Patents said the “Land Titled Grant” designation is the same as the later “Land Patents” granted under the Republic of Texas. He indicated that it didn't need to be Patented. Do you know if this is correct? Is the “Land Titled Grant” the strongest Title, on its own, as the original Land Grant?
    1. If it's strong enough, as is, will the case cites for “Patents” stand in support of it?
    2. Can we use US and other State's “Patent” case cites, or do we need to find Texas “Land Titled Grant” case cites to support it?
We appreciate your work and website; it is most helpful. Please, keep up the beneficial work for everyone. “Thank you” for your consideration of our question. :ro

Sincere Thanks, Susan
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Re: Texas Land Patent

Postby Admin » Wednesday January 30th, 2013 5:04 pm GMT

:h: Susan:
Your first question is not just personal in its nature; it asks us for advice; respectively, please review our published statement on advice.

Respective to that first question, please understand that if you had not formed that inquiry in the form of a request for advice, the technical nature of the information necessary for helping you learn how to learn the law sufficiently to know the answer to that inquiry would require Team Law beneficiary support for us to help you with that.

Regarding you second question: Mexican Land Grants made patent are the same thing as land patents issued in the United States of America; they are each land grants made patent—which term is generally abbreviated to simply land patents; the only difference between them is the authority under which such lawful patents were issued in that the one came from Mexico (or Spain) and the other came from the United States of America. Respectively, the case law regarding the propriety of such instruments is the same. One such famous case regarding the propriety of such Spanish land grants is Suma Corp vs. California.

The part “a” & “b” components of your second question again ask for advice and again we refer you to our published response regarding advice.

We hope this information is helpful to you.
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Re: Texas Land Patent

Postby KingWm » Sunday February 10th, 2013 9:04 pm GMT

I am a surveyor in Texas, and have some knowledge of land patents. I am not a beneficiary, and may not totally understand all of the law behind land patents, but I have a surveyor's experience in some of these matters. I intend to do this process myself in the future and hope to have more answers once I have studied it more.

No more patents are being issued. There was a court case I believe that basically said that all land in the public domain had been appropriated. The only patents issued today are for lands situated in a vacancy, or a gap between two existing patents. They are rare occurrences. The patent is only issued once: from the sovereign to the original patentee. There are no second patents. All we are doing is attempting to prove that we are the lawful assignee of the original patentee. We are not getting a patent.

Victor: your deed should say what Abstract your tract is situated in. If not the deed, then possibly the subdivision plat. Once you know what abstract it is in, you contact the GLO to get a certified copy of it. A duplicate of the patent may be recorded in the County Clerk's office. All of the records are stored in the GLO archives. Most are also recorded by the county surveyors into the county deed records. I believe I would get both, but would start with the one at the GLO.

Don't forget about your local surveyors. We (or at least the surveyors in rural counties) regularly search the records for land patents. They can help with this matter too, though they will likely want to charge for it (unless you catch a friendly one at the county clerk's office).

Not all Abstracts have survey numbers. One day, they went and assigned "abstract numbers" to all of the original surveys. The existing patents were arranged alphabetically and numbers assigned. New patents after that were numbered sequentially. Some of the surveys were originally assigned numbers, but there are many duplicates. You would have surveys 1-5 for example in one area, and in another area you may find another set of surveys number 1-5. The abstract number is the unique number assigned to each patent for identification purposes, and all land transactions reference the number, or at least they should. I have found that, for example, in some platted subdivision, especially big ones in the big cities, the legal description in the deed may not reference the abstract information, but usually the subdivision plat will.

A "Title" is a land grant from the Mexican Government. They were called Titles at the time, and those tracts are governed by the laws in place at the time the title was issued. They became land patents during the Republic years and remained so after statehood. I am not sure how the difference between Titles and patents may affect the process, if at all. But, for instance, for lands in Mexican land grants, or titled lands, the state retains ownership to the bed of all perennial streams which are not navigable, but under Republic and State grants, the title to the bed of said streams passed to the patentee. I am unaware of the extent of the differences in laws governing titled versus patented lands.
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Re: Texas Land Patent

Postby Admin » Monday February 11th, 2013 11:39 am GMT

:h: KingWm:
Thank you for your input and your inquiry.
As you noted, the original grant of land from the government (which, in Texas, was originally Mexico) was and is today still known as the “Title” to the land. And, as we have continually confirmed that is exactly the nature of the “Land Patent”—it is the “Title” to the land. So it goes with both Mexican land grants and grants from either Texas or the United States Government; in that once the grant is issued and sealed, that sealing makes that “Title” a patented title called a “Land Patent”.

Thus, the land patent is always the “Title to the Land”. Respectively, the chain of title, from the patent to the present, proves the chain of assignments and or inheritances that is described on the Title itself. Thus, to prove your Title to the Land, you merely need to prove the chain of title from the land patent to the present.

However, it is also a critical matter to know the nature of the parties involved, which is one of the critical factors behind documentation like: Team Law’s Land Patent Sandwich.

We hope this information is helpful to you.
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