Updating a land patent
REAL PROPERTY - TAXATION - COUNTIES - HOMESTEADS - Effect of homestead declaration and declaration of allodial ownership on property tax liability. A recorded declaration that a property owner holds real estate in "allodial freehold" is ineffective to exempt the real estate from property taxes levied under state law. A declaration of homestead filed on real estate pursuant to chapter 6.13 RCW does not prevent the foreclosure and sale of real estate for unpaid property taxes, as property taxes are not "debts of the owner" and thus are not rendered exempt from execution by RCW 6.13.070.
******************* March 1, 1996 The Honorable David Skeen Prosecuting Attorney Jefferson County P. Box 1220 Port Townsend, WA 98368 Cite as: AGO 1996 No.
�A patent for land is the highest evidence of title and is conclusive as evidence against the government and all claiming under junior patents or titles.� United States v. And for more than 80 years the government has been tight-lipped about sharing this information with you (I wonder why? If you have a Warranty Deed in your name (containing the legal description of your property) and a surveyor�s/plat map of your property, you can patent your land, EVEN IF YOU HAVE A MORTGAGE on your property. A Warranty Deed cannot stand against a Land Patent. The patent stood supreme even against California�s Constitution.
The information set forth herein is purely educational and informative in nature and does not constitute professional, legal, tax or other advice. �A grant of land (Land Patent) is a public law standing on the statue books of the State, and is notice to every subsequent purchaser under any conflicting sale made afterward.� Wineman v. Land CANNOT be taken for debt or taxes, but Real Estate CAN BE. By definition: ��Land� is not restricted to the earth�s surface, but extends below and above the surface.
BRIEF ANSWERS In answer to your first question, it is clear that a property owner may not avoid the payment of property taxes by claiming to own the property in question as an allodial freehold estate.
Our answer to your second question makes it unnecessary to address your third question.If you are under the impression that you �own� your property because you paid good money for it and have the original deed with your name on it stored in a secure place for safekeeping, then read on � because, in fact, you are not the equitable or beneficial owner of that property but merely have what is called color of title� with only an apparent right of ownership and possession, without full and absolute title.Color of title is not the same thing as ownership with full and absolute title, but the powers to be would have you believe it is.And, that means land patents do not limit your ability to secure your contracts with the property appurtenant to (that sits upon or is related to) your land as collateral securing your promise to pay.People also think they own their land because they paid for it and they have a Warranty Deed however, often that is not enough to establish land ownership.