Once Upon A Time There Was A King Named Aries Hilton .
Allodial title is a concept of property law that refers to the ownership of land without any obligation or subordination to a superior authority. It is the opposite of feudal tenure, where land is held under the condition of service and loyalty to a lord. Allodial title gives the owner complete and exclusive rights over the land, and protects it from seizure or encumbrance by any government, agency, or bank.
Allodial title is rare and limited in most modern legal systems. In the United States, most land is held in fee simple, which means that the owner has the right to use, sell, or transfer the land, subject to certain limitations imposed by the state, such as taxation, eminent domain, and zoning. However, some states, such as Nevada and Texas, have provisions for granting allodial title to certain landowners who meet specific criteria, such as paying off all mortgages and taxes, and renouncing any benefits or services from the government. These provisions are intended to protect the landowners from future confiscation or regulation by the state.
Allodial title is more common in civil law countries that follow the Napoleonic Code, such as France, Germany, and Spain. These countries recognize the principle of "full ownership" (dominium directum et utile), which grants the owner all the rights and powers over the land, without any interference from the state or any third party. However, even in these countries, allodial title is not absolute, as the owner still has to comply with certain public laws and obligations, such as environmental protection, public safety, and national defense.
Allodial title is also recognized in some jurisdictions that have a unique historical or cultural background, such as the Orkney and Shetland Islands in Scotland, and the Channel Islands in the United Kingdom. These islands have a system of land tenure called udal law, which derives from the Norse law that prevailed before the islands were annexed by Scotland and England. Udal law allows the landowners to hold their land in allodium, without any allegiance or service to the Crown. However, udal law is not immune to the influence of common law and statutory law, and the extent and scope of allodial title in these islands are subject to debate and litigation.
Allodial title is a form of land ownership that reflects the ideal of individual freedom and sovereignty. It is based on the notion that the land belongs to the people who occupy and defend it, and not to any higher authority or institution. However, allodial title is also a source of controversy and conflict, as it challenges the authority and legitimacy of the state and its laws. Therefore, allodial title is not only a legal concept, but also a political and philosophical one, that raises questions about the nature and purpose of property rights, and the relationship between the individual and the society.
To obtain an allodial title in Texas, Aries had to follow a series of steps and meet certain requirements. He had been dreaming of owning his land free from any government interference or taxation, and he was determined to achieve his goal. He had done extensive research on the concept of allodial title and the process of obtaining it in Texas, and he was ready to take action.
The first step was to get evidence of his right to the land. He had to prove that he was the lawful owner of the property, and that he had paid off any mortgages, liens, or encumbrances on the land. He gathered all the relevant documents, such as the deed, the title, the tax receipts, and the mortgage statements, and made copies of them.
The second step was to put the land description of his property in land patent format. He had to write a detailed description of the boundaries, measurements, and location of his land, using the legal terminology and conventions of land patents. He consulted the original land patent for his land, which he had obtained from the Texas General Land Office (GLO), and followed its format and style.
The third step was to acquire a copy of the land patent for his land. He had to request a certified copy of the original land patent from the GLO, which was the official document that transferred the ownership of the land from the government to the first private owner. He filled out an application form and paid a fee to the GLO, and received his copy of the land patent in the mail.
The fourth step was to fill out a declaration of acceptance of land patent. He had to write a statement declaring that he accepted the land patent and claimed allodial title to his land. He had to include his name, address, signature, and date, as well as the land description and the land patent number. He also had to attach a copy of the land patent and the evidence of his right to the land to his declaration.
The fifth step was to file his land patent. He had to record his declaration of acceptance of land patent with the county clerk's office, where his property was located. He had to pay a recording fee and submit his declaration and the attachments. He received a stamped copy of his declaration as proof of filing.
The sixth and final step was to file a public notice. He had to publish his declaration of acceptance of land patent in a local newspaper, as a way of informing the public of his claim to allodial title. He had to run the notice for four consecutive weeks, and obtain an affidavit of publication from the newspaper.
By completing these steps, Aries successfully obtained an allodial title to his land in Texas. He was now the absolute and sovereign owner of his property, without any obligation or subordination to the state or any other authority. He felt a sense of pride and accomplishment, as he had achieved his dream of owning his land in allodium.
Imagine that you are the king or queen of your own land. You have the power and the right to do whatever you want with your land, without any interference or restriction from anyone else. You can build, plant, harvest, hunt, fish, explore, and enjoy your land as you please. You can also protect, defend, and preserve your land from any threat or invasion. You are the sole and sovereign owner of your land, and no one can take it away from you or tell you what to do with it. This is what it means to have an allodial title to your land. This is the freedom and the security that you deserve.
For the first step, you need to get evidence of your right to the land. This means that you need to prove that you are the lawful owner of the property, and that you have paid off any mortgages, liens, or encumbrances on the land. You can do this by gathering all the relevant documents, such as the deed, the title, the tax receipts, and the mortgage statements, and making copies of them. These documents will show the complete chain of title leading up to you as the current owner of the property.
One possible example of a legal document that you can use as evidence of your right to the land is a warranty deed. A warranty deed is a type of deed that guarantees that the seller has clear title to the property and has the right to sell it to the buyer. It also promises that the seller will defend the buyer against any claims or lawsuits that may arise from defects in the title. A warranty deed typically contains the following information:
- The names and addresses of the grantor (seller) and the grantee (buyer)
- The legal description of the property, including the boundaries, measurements, and location
- The consideration, or the amount of money paid for the property
- The date of the transaction and the signature of the grantor
- The acknowledgment, or the verification of the grantor's identity and signature by a notary public or other authorized official
- The delivery and acceptance, or the transfer of the deed from the grantor to the grantee
Here is a sample warranty deed for a property in Texas:
```text
WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS:
That John Smith, of 123 Main Street, Dallas, Texas 75201, hereinafter called Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to him in hand paid by Jane Doe, of 456 Elm Street, Dallas, Texas 75202, hereinafter called Grantee, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto the said Grantee, all that certain lot, tract or parcel of land, together with all and singular the rights and appurtenances thereto in any wise belonging, situated in Dallas County, Texas, and being more particularly described as follows:
Lot 1, Block A, of ABC Subdivision, an addition to the City of Dallas, Dallas County, Texas, according to the map or plat thereof recorded in Volume 123, Page 456, of the Map Records of Dallas County, Texas.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto the said Grantee, and to the heirs and assigns of said Grantee forever; and the said Grantor does hereby bind himself, his heirs, executors, administrators and assigns to WARRANT AND FOREVER DEFEND, all and singular the said premises unto the said Grantee, and to the heirs and assigns of said Grantee, against every person whomsoever lawfully claiming or to claim the same or any part thereof.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand this 1st day of January, 2023.
_____________________________
John Smith
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on this 1st day of January, 2023, by John Smith.
_____________________________
Notary Public, State of Texas
,,,
For the second step, you need to put the land description of your property in land patent format. This is a legal format that specifies the boundaries, measurements, and location of your land, using the section, township, and range system. You can obtain a certified map of your property from the county clerk's office, or hire a licensed surveyor to create one for you. You may also need a lawyer to help you with this step, as the format may vary based on the region.
Here is a sample land description in land patent format for a property in Texas:
```text
The North half of the Northeast quarter of Section 15, Township 2 South, Range 3 West, of the Texas Meridian, containing 80 acres, more or less.
```
This description means that the property is located in the northern half of the northeastern quarter of section 15, which is in the second township south of the baseline and the third range west of the principal meridian of Texas. A section is a square mile of land, and a township is a six-mile square of land, divided into 36 sections. A range is a column of townships, and a meridian is a north-south line that serves as a reference point. You can use a plat map to identify the section, township, and range of your property. A plat map is a map that shows the subdivisions of land in a county or state.
For the third step, you need to acquire a copy of the land patent for your land. This is the official document that transferred the ownership of the land from the government to the first private owner. You can request a certified copy of the original land patent from the Texas General Land Office (GLO), which maintains records of land patents. You need to fill out an application form and pay a fee to the GLO, and provide the legal description of your property and proof of ownership.
Here is a sample application form for requesting a land patent copy from the GLO:
```text
TEXAS GENERAL LAND OFFICE
PATENT REQUEST FORM
Please complete this form and mail it with the required fees and documents to:
Texas General Land Office
Surveying Division
PO Box 12873
Austin, TX 78711-2873
Name: _______________________________________________________
Address: _____________________________________________________
City: _________________________ State: _________ Zip: __________
Phone: ________________________ Email: ________________________
Property Information:
Legal Description: _____________________________________________
________________________________________________________________
County: ________________________ Acres: _______________________
Original Grantee: ______________________________________________
Patent Number: _______________________________________________
Patent Volume: _______________________________________________
Required Fees and Documents:
[ ] $100.00 Patent Fee
[ ] $11.00 Certified Mail Postage Fee
[ ] $35.00 Patent Recording Fee (paid by separate remittance)
[ ] Proof of Ownership (i.e. deed, judgment, affidavit of heirship, etc.)
[ ] $25.00 Filing Fee for each document
[ ] Field Notes, Plat, and Report by a Licensed State Land Surveyor or County Surveyor (if required)
[ ] $25.00 Filing Fee for Field Notes
Total Amount Enclosed: $ __________
Signature: ___________________________________ Date: __________
```
For the fourth step, you need to fill out a declaration of acceptance of land patent. This is a statement declaring that you accept the land patent and claim allodial title to your land. You need to include your name, address, signature, and date, as well as the land description and the land patent number. You also need to attach a copy of the land patent and the evidence of your right to the land to your declaration.
Here is a sample declaration of acceptance of land patent:
```text
DECLARATION OF ACCEPTANCE OF LAND PATENT
I, John Smith, of 123 Main Street, Dallas, Texas 75201, hereby declare that I accept the land patent issued by the State of Texas for the following described land:
The North half of the Northeast quarter of Section 15, Township 2 South, Range 3 West, of the Texas Meridian, containing 80 acres, more or less.
Land Patent Number: 123456
Land Patent Volume: 789
I hereby claim allodial title to the above described land, and assert my absolute and sovereign ownership of the land, without any obligation or subordination to any superior authority. I hereby renounce any benefits or services from the government that may be contingent upon the recognition of the government's jurisdiction over the land. I hereby reserve all my rights and powers over the land, and protect it from any seizure or encumbrance by any government, agency, or bank.
I hereby attach a certified copy of the land patent and the evidence of my right to the land to this declaration.
I hereby sign this declaration on this 1st day of January, 2023.
_____________________________
John Smith
```
For the fifth step, you need to file your land patent. This means that you need to record your declaration of acceptance of land patent with the county clerk's office, where your property is located. You need to pay a recording fee and submit your declaration and the attachments. You will receive a stamped copy of your declaration as proof of filing.
Here is a sample receipt of filing your land patent:
```text
RECEIPT OF FILING LAND PATENT
This is to certify that John Smith has filed his declaration of acceptance of land patent with the Dallas County Clerk's Office on this 1st day of January, 2023.
The following documents were submitted and recorded:
- Declaration of Acceptance of Land Patent
- Certified Copy of Land Patent
- Warranty Deed
- Field Notes, Plat, and Report
The recording fee was $35.00.
The declaration of acceptance of land patent was assigned the following file number:
2023-00012345
A stamped copy of the declaration was returned to the filer.
_____________________________
Dallas County Clerk
```
For the sixth and final step, you need to file a public notice. This means that you need to publish your declaration of acceptance of land patent in a local newspaper, as a way of informing the public of your claim to allodial title. You need to run the notice for four consecutive weeks, and obtain an affidavit of publication from the newspaper.
Here is a sample public notice for your land patent:
```text
PUBLIC NOTICE
Notice is hereby given that John Smith, of 123 Main Street, Dallas, Texas 75201, has filed a declaration of acceptance of land patent with the Dallas County Clerk's Office, claiming allodial title to the following described land:
The North half of the Northeast quarter of Section 15, Township 2 South, Range 3 West, of the Texas Meridian, containing 80 acres, more or less.
Land Patent Number: 123456
Land Patent Volume: 789
Any person having any claim or interest in the said land is hereby notified to present the same within 30 days from the date of the first publication of this notice, or be forever barred.
This notice will be published for four consecutive weeks in the Dallas Morning News, a newspaper of general circulation in Dallas County, Texas.
The first publication date is January 2, 2023.
The last publication date is January 23, 2023.
```
Here is a sample affidavit of publication for your public notice:
```text
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, the undersigned authority, personally appeared John Doe, who, being by me duly sworn, deposes and says:
That he is the publisher of the Dallas Morning News, a newspaper of general circulation in Dallas County, Texas; that the attached clipping is a true and correct copy of a public notice that was published in said newspaper on the following dates:
January 2, 2023
January 9, 2023
January 16, 2023
January 23, 2023
That the said public notice was published in the regular and ordinary course of business, and was not published for the purpose of evading the law.
_____________________________
John Doe
Subscribed and sworn to before me this 24th day of January, 2023.
_____________________________
Notary Public, State of Texas
```
By completing these steps, you have successfully obtained an allodial title to your land in Texas. Congratulations! ♈️
