Law Forum : Land Law and Real Estate In the USA

Discussion in 'Law Forum - Prisons - Gun Ownership' started by Shikamaru, May 9, 2011.

  1. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Land law and real estate in these United States has its roots in feudalism. Remnants of that feudalism are still with us today. Feudalism has its roots in Roman history, but that is another subject for another day.
    49 of the 50 States of the Union had adopted English Common Law as its law (Louisiana adopted Roman Civil Law). Law today is more Roman Civil Law than Common Law, but that is another story for another day :).

    In England, all land belonged to the King by radical title. This is after the invasion of William the Conqueror in 1069. Prior to this, people held their land in allod. The King held allodial title to land from this moment forward. Some of the subjects were given land in exchange for services owed to the King such as fighting in the King's army when called as well as other duties. Subjects tenured (held) an abstract of the land known as an estate. The services are servitudes. These services transitioned into money payments. These money payment services became property taxes here in the States.

    Highest form of ownership a tenant can have is fee simple absolute or freehold tenure.

    In many States, government assumed the duties and privileges of "King". The cover story for property taxes is that the monies go for services that benefit you such as fire, police, public schooling, as well as government.

    The land is registered. Most people have their property tied up in commerce with mortgages and liens.

    You as tenant hold the land so long as you pay taxes (servitudes) to the State (overlord). Failure to pay for so many years will result in a foreclosure of the property to go back in the hands of the State.

    Failure to pay taxes results in liens being placed upon the home. This is one of many reasons for the registration of the land.

    There is a whole lot more than this. It is worthy of its own thread.
     
  2. Corvo

    Corvo navigator of live MEMBER

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    Highest form of ownership a tenant can have is fee simple absolute or freehold tenure.

    Are any of these possible within the U.S.?
    and can we get to these status?
     
  3. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Fee simple absolute

    Some of the wording is not quite precise in my opinion, but overall correct.

    It is conveyed by deed. Deed represents title.
     
  4. Corvo

    Corvo navigator of live MEMBER

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    So when I pay off my mortgage does my land become fee simple?

    Can I get out of paying taxes on it then?
     
  5. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    It is fee simple now, but you do share your land with the bank (mortgage) and the State (property taxes and regulation).

    Removing one's land from registration and taxation will be A LOT of work as well as preparation.
    Most people will more than likely not be interested in pursuing that path.

    When we are talking about real estate, we are talking about two areas: land law and merchant/banking law.

    At this point, I am not even sure if its possible to own land in allodium in the US.
     
  6. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    Let's analyze this from another perspective:

    Can you generate your own electricity, heating, and cooling needs for your home?
    Can you produce your own food?
    Do you store your own water?
    Have you eliminated most bills for services to your home?
    Can you produce your own fuel?

    This is just a number of questions to ask oneself when moving towards independence and self-sufficiency.
     
  7. Light

    Light Well-Known Member MEMBER

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    Allodium land

    Read this Read this

    Quoted from Wikipedia

    Allodial title constitutes ownership of real property (land, buildings and fixtures) that is independent of any superior landlord. In common legal use, allodial title is used to distinguish absolute ownership of land by individuals from feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign. Webster's first dictionary (1825 ed) says "allodium" is "land which is absolute property of the owner, real estate held in absolute independence, without being subject to any rent, service, or acknowledgment to a superior. It is thus opposed to "feud."

    True allodial title is rare, with most property ownership in the common law world—primarily, the United Kingdom, the United States, Canada, Australia, New Zealand and the Republic of Ireland—described more properly as being in fee simple. In particular, land is said to be "held of the Crown" in England and Wales and the Commonwealth realms. In England, there is no allodial land, all land being held of the Crown; in the United States, all land is subject to eminent domain by the federal government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land. Some states within the US (notably Nevada and Texas) have provisions for considering land allodial under state law, but such land remains rare. Some of the Commonwealth realms (particularly Australia) recognize native title, a form of allodial title that does not originate from a Crown grant. Some land in the Orkney and Shetland Islands, known as Udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown.

    In France, while allodial title existed before the French Revolution, it was rare and limited to ecclesiastical properties and property that had fallen out of feudal ownership. After the French Revolution allodial title became the norm in France and other civil law countries that were under Napoleonic legal influences. Interestingly Quebec adopted a form of allodial title when it abolished feudalism in the mid-nineteenth century making the forms of ownership in Upper and Lower Canada remarkably similar in substance.

    Property owned under allodial title is referred to as allodial land, allodium, or an allod. In the Domesday Book it is called alod.[1]
     
  8. Light

    Light Well-Known Member MEMBER

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    Sorry to interrupt but I think the answer to your question is above .... in the quote I posted from "WIKIPEDIA"

    If not ... my apology


    People should take note of the statez that are capable of still having Allodial land...

    I am really surprised that Florida is not one the statez as well...
     
  9. Shikamaru

    Shikamaru Well-Known Member MEMBER

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    I have plans to work towards allodial land. There is alot of work that has to be done though. Got to let go of many of those State services that are offered.
     
  10. Corvo

    Corvo navigator of live MEMBER

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    I am working on doing all the above.

    It may take tree years. we are about to do all solar. we have 46 acres. most of it farmable, with tree wells.
     
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