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Recording a land Patent

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

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Joined: Monday February 11th, 2008 11:59 am MST

Recording a land Patent

Postby Hksimmons » Friday August 29th, 2008 5:35 pm MDT

I have a question pretaining to land patent. I have done research on land patent law in the state of Montana. I have a certified land patent. As you know, heir and forever. It just so happens that my great grandfather's name is on the certified land patent. The law in Montana is a follows.
70-21-207. Letters patent and other federal and state documents -- recording without acknowledgment. Letters patent from the United States or from the state of Montana or other documents and instruments or duly certified copies thereof issued by or pursuant to the authority of the United States or the state of Montana which evidence title to land or affect the title thereof, executed and authenticated pursuant to existing law, may be recorded without acknowledgment or further proof; and where letters patent have been lost or are beyond the control of any party deraigning title therefrom or for any reason they remain unrecorded, any person claiming title thereunder may cause a transcript of the copy of such letters patent kept by the government issuing the same, duly certified by the officer or individual having lawful custody of such copy, to be recorded in lieu of the original; and such recorded copy shall have prima facie the same force and effect as the original for title or for evidence until the original letters patent be recorded.

History: En. Sec. 1572, Civ. C. 1895; re-en. Sec. 4645, Rev. C. 1907; re-en. Sec. 6892, R.C.M. 1921; Cal. Civ. C. Sec. 1160; re-en. Sec. 6892, R.C.M. 1935; amd. Sec. 1, Ch. 148, L. 1957; R.C.M. 1947, 73-104.
To help you understand my question. I emailed the county clerks office to which the property is holds this property. This is the responce I recieved from her.
In reply to your email regarding the recording of a document. My office is a "recording office". If your document meets the standard for recording, we will of course accept it for recording and charge the appropriate recording fee. Recording fees are $7.00 per page for a standard document or $11.00 per page for the first five pages and $7.00 thereafter. Also, a realty transfer certificate must accompany any recording that transfers real property. Our mailing address is Clerk & Recorder, PO Box 360, Malta MT 59538.
Now, with all do respect (realty transfer certificate) this is a no,no. Am I correct. This is how they trap you into losing rights to property and paying the taxman. Land patent are a fee simple absolute is an estate limited absolutely to a man and his heirs and assigns forever without limitation or condition.

So, my question is how can I record this document with out this realty transfer certificate? They will refuse to record.

Thank you for your time.

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Re: Recording a land Patent

Postby Admin » Saturday August 30th, 2008 11:26 am MDT

:h: Hksimmons:
The personal nature of your inquiry was such that it should have been presented as a private message to admin. The rules for posting on the Open Forums require that the nature of the inquiry posted here needs to be something of general interest so people can learn about Team Law and its work.

Thus, we will only address here the portion of your inquiry that focuses on a potential general interest. The recording of the Land Patent from the United States Government, as noted in your quote of M.R.S. 70-21-207, is not the same thing as a recording of a real estate transfer. Accordingly, it cannot require such a transfer tax relation because the state cannot compel such a thing on the United States Government. The statute you quoted that covers that matter sufficiently for recording. However, to record a transfer subsequent to that land patent secured grant may be a different matter depending on the substance of the agreement thereto related.

You also raised a separate matter of inheritance, which we would be limited to relating only to a Team Law beneficiary. Helping a person learn how to deal with such matters is also a matter we could only help a Team Law beneficiary with so those matters would be limited at least to the Beneficiary Forum level of our Open Forum system.

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