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Land Pantent Help—

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

Hksimmons
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Land Pantent Help—

Postby Hksimmons » Friday January 30th, 2009 3:06 pm MST

I was wondering if you could enlighten me. I have a question, two actually. I have a certified land patent in my grandfathers name even thought I do not own the land, can I update this document in my name seeing's I'm an heir. Also, can anyone heir or not claim a land patent homestead bounty land etc, this is a question everyone I speak with dances around. My current thinking is, let's say a mining claim, people can stake a mining claim then once they find minerals etc on this claim can later down the road get a patent. Yes, I know its been postpone do to a mandate with congress. Just a note the certified land patent I have in my possession has an official seal, and according to the law that pertains to land patent, I could go to the county clerks office and record this document. Any information would be beneficial and much appreciated.
:)
Thank you,
-Nancy

UE Admiral
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Re: Land Pantent Help

Postby UE Admiral » Friday January 30th, 2009 11:06 pm MST

As covered elsewhere on this forum, it is impossible to update a land patent. What you CAN update is the chain of title. However, it sounds like in your case that no such thing is necessary. You do not provide enough information for me to address whether or not you ought to be looking into updating the chain of title. Then again, if you were to supply such information, my guess is that such an inquiry should be handed in a private message with the Admin rather than on the Open Forum, anyway. Still, I'll offer what I can.

If what you speak of is, in fact, a certified copy of a Warranty Deed indicating that your grandfather was the latest assignee of an original land patent (but NOT the original land patent itself), and you are asking whether or not you can update the chain of title (provided you have the original land patent and a complete chain of title leading to your grandfather), then there should be no need to update the chain of title. You merely need to prove that you are the heir as you say you are. I suggest such a possibility (of it being a Warranty Deed, and not a patent) because I recall reading elsewhere on the forum that a certified copy of a land patent is not sufficient proof of title in court; they require the original land patent itself
Inserted by Admin. :h: A certified copy is sufficient proof of a Land Patent. If you read anything contrary to that on our forum, it was not posted by Admin. :t^:.

It is possible that you already own the land. Most land patents contain language saying that the land belongs to the patent holder AND his heirs AND his assigns, forever. Thus, if you can prove that you are an heir to your grandfather, and there are no other heirs that might have a claim to the patent, then there is no need to update the chain of title. It is yours by virtue of your grandfather's title.

Another scenario comes to mind, in which your parents are alive, and own the house without knowing it or living in it, and you wish to claim the house yourself. I don't know about such a situation, but I suspect it wouldn't work. If parents are dead, and the heirs are an assortment of siblings with none named in any will and with no trust in place, then I would imagine that the land patent would properly belong to the eldest of the family line (from, say, father, to mother, to first-born, to second born, to first grandchild, etc).

If, on the other hand, your grandfather assigned it to someone outside the family, and their line of heirs or assignees died out, the land would return to the United States of America's 'ownership,' whereupon a man might seek to patent it, provided an O.J. President is seated.

Now, I could be dead wrong on any one of these points, but I'm sure the Admin will come swooping through, like superman, to save the day and right all wrongs. :book:

Duster
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Re: Land Pantent Help

Postby Duster » Wednesday March 18th, 2009 3:00 pm MDT

I need to find out where to obtain a land patent plat map? ASAP

Electra225
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Re: Land Pantent Help

Postby Electra225 » Thursday March 19th, 2009 7:41 am MDT

Duster,
Team Law’s webpage Online resources has a direct link to BLM at the top of the page. BLM's land records page allows you to view many land patents directly and to order certified copies of original land patents and survey plats. You will find BLM’s records are limited to certain states not including the original 13 States or Texas.

You should also consider ordering a certified copy of the original land entry case file, it contains a load of information of the family or relative you may be researching. When I ordered the file on my G-Grandfather it contained interesting and valuble historical information. Such as an interview process of him and two neighbors, details of what he accomplished in the required 5-year land acceptance application period, living family members at that time, and his forfeit of an attemtp to obtain a previous land patent.
Team Law also has a link to those records on that same Online resources page.

ChristianPat1949
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Re: Land Pantent Help—

Postby ChristianPat1949 » Monday May 4th, 2009 12:34 pm MDT

I ordered a certified land patent from BLM and they informed me through a "Federal law of March 13, 1845, my tract was included in a section that was designated "school land," and therefore they(Fed/BLM) never held title so they cannot provide a land patent.

That may not be 100% accurate as to what they said, but the upshot is, at this point, they will not issue the certified land patent for me to transfer from my warranty deed.

I need some help and direction.

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Re: Land Pantent Help—

Postby Admin » Tuesday May 5th, 2009 12:57 pm MDT

:h: ChristianPat1949:
“School Land” is the land that was granted by Congress to the State on its formation in accord with its Enabling Act. The effect of the uncontested grant of “School Listed Land” is the same as Land granted by land patent. In fact, in law the School List is considered the same as if it were a land patent, except the patent is the Act of Congress signed by the President of the United States of America; therefore, if your land is listed on the “School List”, it is patent secured and the respective Act of Congress is the Land Patent.

However, with such land the State acquired that Title and they most likely issued a Land Patent of their own to convey the Land into private ownership. That is the “normal” way such land was conveyed from the State to private parties; so, we would look to the State records to discover when they divested themselves of the Land and find that document. It will most likely be a land patent from the State to the parties so named.

A slight correction is also in order regarding “they(Fed/BLM)”; though they are the custodian of many records, their purpose is merely a custodial one—that is to say, they do not “hold title” to any land.

We also do not understand the meaning of your words:
ChristianPat1949 wrote:…the certified land patent for me to transfer from my warranty deed.
We do not understand that because it presupposes something related to the land patent can be “transferred” from your Warranty Deed. We know of no such thing being possible.

We hope this information is helpful to you.
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