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.�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.vetted this information for accuracy nor its legal foundation and it is entirely up to the reader to read the information in that context.
Such a person (patentee), and his heirs and assigns, FOREVER OWNS that piece of land WITHOUT ANY RISK OF LOSING IT, until it is voluntarily given away, sold, or otherwise disposed of.You might be pleased to learn that you don't need a fancy legal degree or years of experience in the real estate industry to file a successful land patent.Depending on the complexity of your case, you might just need to follow a few simple steps to obtain your very own land patent.The local authority that oversees the management of local properties will issue this document.In most cases, this will be your county or municipal clerk's office.