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Land Declaration Template

This document declares an update to an existing land patent. It provides the legal description of the property associated with patent number [blank]. It asserts the assignees' rights to the property based on several treaties and laws. It summarizes the legal authority and implications of a land patent, including that a patent provides the highest evidence and conclusive proof of title. The document is to be attached to all deeds and conveyances related to the named parties.

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2K views

Land Declaration Template

This document declares an update to an existing land patent. It provides the legal description of the property associated with patent number [blank]. It asserts the assignees' rights to the property based on several treaties and laws. It summarizes the legal authority and implications of a land patent, including that a patent provides the highest evidence and conclusive proof of title. The document is to be attached to all deeds and conveyances related to the named parties.

Uploaded by

Anonymous
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO )

LAND DECLARATION & ASSIGNEES UPDATE OF PATENT


PATENT NUMBER________________________

KNOW ALL MEN BY THESE PRESENTS: THAT_____(Name 1)___________________________

AND__________(Name 2)______________________DO SEVERALLY CERTIFY AND DECLARE


THAT_______(WE/I) BRING UP THIS LAND PATENT IN _________(OUR/MY) NAME(S).

(1) THE CHARACTER OF SAID PROPERTY SO SOUGHT TO BE PATENTED, AND LEGALLY DESCRIBED AND
REFERENCED UNDER PATENT NUMBER LISTED ABOVE IS:

(ADD LEGAL DESCRIPTION HERE)

(2) NOTICE OF PRE-EMPTIVE RIGHT.

PURSUANT TO THE DECLARATION OF INDEPENDENCE [1776], THE TREATY OF PEACE WITH GREAT BRITAIN (8
STAT. 80) KNOWN AS THE TREATY OF PARIS [1793, AN ACT OF CONGRESS [3 STAT. 566, APRIL 24,1824], THE
OREGON TREATY [9 STAT. 869 , JUNE 15, 1846], THE HOMESTEAD ACT [12 STAT. 392,1862] AND 43 USC
SECTIONS 57, 59, AND 83; THE RECIPIENT HEREOF IS MANDATED BY ART. VI SECTIONS 1, 2, AND 3; ART. IV
SECTIONS I CL. 1, &. 2; SECTION 2 CL. 1 8t 2 ; SECTION 4; THE 4TH, 7TH, 9TH, AND 1OTH AMENDMENTS [U.S.
CONSTITUTION, 1781-91J TO ACKNOWLEDGE ASSIGNEE’S UPDATE OF PATENT PROSECUTED BY AUTHORITY OF
ART. III SECTION 2 CL. 1 &2 AND ENFORCED BY ORIGINAL/EXCLUSIVE JURISDICTION THEREUNDER AND IT IS
THE ONLY WAY A PERFECT TITLE CAN BE HAD IN OUR NAMES, WILCOX vs. JACKSON, 13 PET. (U.S.) 498, 101.
ED. 264; ALL QUESTIONS OF FACT DECIDED BY THE GENERAL LAND OFFICE ARE BINDING EVERYWHERE. AND
INJUNCTIONS AND MANDAMUS PROCEEDINGS WILL NOT LIE AGAINST IT, LITCHFIELD vs. THE REGISTER, 9
WALL. (U.S.) 575, 19 L. ED. 681. THIS DOCUMENT IS INSTRUCTED TO BE ATTACHED TO ALL DEEDS AND/OR
CONVEYANCES IN THE NAMES) OF THE ABOVE PARTY(IES)

AS REQUIRING RECORDING OF THIS DOCUMENT, IN A MANNER KNOWN AS NUNC PRO TUNC [AS IT SHOULD
HAVE BEEN DONE IN THE BEGINNING], BY ORDER OF UNITED STATES SUPREME LAW MANDATE AS ENDORSED
BY CASE HISTORY CITED.

(3) NOTICE AND EFFECT OF A LAND PATENT.

A GRANT OF LAND IS A PUBLIC LAW STANDING ON THE STATUTE BOOKS OF


THE_______________________(YOUR STATE), AND IS NOTICE TO EVERY SUBSEQUENT PURCHASER UNDER
ANY CONFLICTING SALE MADE AFTERWARD; WINEMAN vs. GASTRELL, 54 FED 819, 4 CCA 596, 2 US APP 581. A
PATENT ALONE PASSES TITLE TO THE GRANTEE; WILCOX vs. JACKSON, 13 PET (U.S.) 498, 10. L. ED. 264. WHEN
THE UNITED STATES HAS PARTED WITH TITLE BY A PATENT LEGALLY ISSUED, AND UPON SURVEYS LEGALLY
MADE BY ITSELF AND APPROVED BY THE PROPER DEPARTMENT, THE TITLE SO GRANTED CANNOT BE
IMPAIRED BY ANY SUBSEQUENT SURVEY MADE BY THE GOVERNMENT FOR ITS OWN PURPOSES; CAGE vs.
DANKS, 13, LA.ANN. 128. IN THE CASE OF EJECTMENT, WHERE THE QUESTION IS WHO HAS THE LEGAL TITLE.
TILE PATENT OF THE GOVERNMENT IS UNASSAILABLE, SANFORD vs. SANFORD, 139 US 642. THE TRANSFER OF
LEGAL TITLE (PATENT) TO PUBLIC DOMAIN GIVES THE TRANSFEREE THE RIGHT TO POSSESS AND ENJOY THE
LAND TRANSFERRED, GIBSON vs. CHOUTEAU, 80 US 92. 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 vs. STONE, 2 US 525. ESTOPPEL HAS BEEN MAINTAINED AS AGAINST A
MUNICIPAL CORPORATION (COUNTY). BEADLE vs. SMYSER, 209 US 393. UNTIL IT ISSUES, THE FEE IS IN THE
GOVERNMENT, WHICH BY THE PATENT PASSES TO THE GRANTEE, AND HE IS ENTITLED TO ENFORCE
POSSESSION IN EJECTMENT, BAGNELL vs. BRODERICK, 13 PETER (US) 436. STATE STATUTES THAT GIVE LESSER
AUTHORITATIVE OWNERSHIP OF TITLE THAN THE PATENT CAN NOT EVEN BE BROUGHT INTO FEDERAL COURT,
LANGDON vs. SHERWOOD, 124 U.S. 74, 80. THE POWER OF CONGRESS TO DISPOSE OF ITS LAND CANNOT BE
INTERED WITH, OR ITS EXERCISE EMBARRASSED BY ANY STATE LEGISLATION; NOR CAN SUCH LEGISLATION
DEPRIVE THE GRANTEES OF THE UNITED STATES OF THE POSSESSION AND ENJOYMENT OF THE PROPERTY
GRANTED BY REASON OF ANY DELAY IN THE TRANSFER OF THE TITLE AFTER THE INITIATION OF PROCEEDINGS
FOR ITS ACQUISITION. [GIBSON vs. CHOUTEAU.13 WAL. (U.S.) 92, 93.
(4) LAND TITLE AND TRANSFER THE EXISTING SYSTEM OF LAND TRANSFER IS A LONG AND TEDIOUS PROCESS
INVOLVING THE OBSERVANCE OF MANY FORMALITIES AND TECHNICALITIES, A FAILURE TO OBSERVE ANY ONE
OF WHICH MAY DEFEAT THE TITLE. EVEN WHERE THESE HAVE BEEN MOST CAREFULLY COMPLIED WITH. AND
WHERE THE TITLE HAS BEEN TRACED TO ITS SOURCE, THE PURCHASER MUST BE AT HIS PERIL, THERE ALWAYS
BEING IN SPITE OF THE UTMOST CARE AND EXPENDITURE- THE POSSIBILITY THAT HIS TITLE MAY TURN OUT
BAD: YEAKLE, TORRENCE SYSTEM. 209. PATENTS ARE ISSUED (AND THEORETICALLY PASSED) BETWEEN
SOVEREIGNS LEADING FIGHTER vs COUNTY OF GREGORY, 230 N. W.2d 114, 116.

THE PATENT IS PRIMA FACIE CONCLUSIVE EVIDENCE OF TITLE, MARSH vs BROOKS, 49 U.S. 223,233.

AN ESTATE IN INHERITANCE WITHOUT CONDITION. BELONGING TO THE OWNER AND ALIENABLE BY HIM,
TRANSMISSIBLE TO HIS HEIRS ABSOLUTELY AND SIMPLY, IS AN ABSOLUTE ESTATE IN PERPETUITY AND THE
LARGEST POSSIBLE ESTATE A MAN CAN HAVE. BEING IN FACT ALLODIAL IN ITS NATURE, STANTON vs
SULLIVAN, 63 R.I. 216 7 A. 696. THE ORIGINAL MEANING OF A PERPETUITY IS AN INALIENABLE,
INDESTRUCTIBLE INTEREST. BOUVIER’S LAW DICTIONARY, VOLUME III P. 2570, (1914).

IF THIS LAND PATENT IS NOT CHALLENGED, AS STATED ABOVE, WITHIN 60 DAYS IT THEN BECOMES OUR/MY
PROPERTY, AS NO ONE ELSE HAS FOLLOWED THE PROPER STEPS TO GET LEGAL TITLE, THE FINAL CERTIFICATE
OR RECEIPT ACKNOWLEDGING THE PAYMENT IN FULL BY A HOMESTEADER OR PREEMPTOR IS NOT LEGAL
EFFECT A CONVEYANCE OF LAND. U.S. vs STEENERSON. 50 FED 504,1 CCA 552,4 U.S. APP. 332.

A LAND PATENT IS A CONCLUSIVE EVIDENCE THAT THE PATENT HAS COMPLIED WITH THE ACT OF CONGRESS
AS CONCERNS IMPROVEMENTS ON THE LAND, ETC JANKINS vs GIBSON, 3 LA ANN 203.

(5) LAW ON RIGHTS, PRIVILEGES, AND IMMUNITIES; TRANSFER BY PATENTEE .....”TITLE AND RIGHTS OF BONA
FIDE PURCHASER FROM PATENTEE...........WILL BE PROTECTED”. UNITED STATES vs DEBELL, 227 F 760 (C8 SD
1915), UNITED STATES vs. BEAMON, 242 F 876, (CA8 COLO. 1917): STATE vs HEWITT LAND CO., 74 WASH 573,
134 P 474. FROM 43 USC & 15 n 44. AS AN ASSIGNEE, WHETHER HE BE THE FIRST, SECOND OR THIRD PARTY
TO WHOM TITLE IS CONVEYED SHALL LOSE NONE OF THE ORIGINAL RIGHTS, PRIVILEGES OR IMMUNITIES OF
THE ORIGINAL GRANTEE OF LAND PATENT. “NO STATE SHALL IMPAIR THE OBLIGATIONS OF CONTRACTS”.
UNTIED STATES CONSTITUTION ARTICLE I SECTION 10.

(6) EQUAL RIGHTS: PRIVILEGES AND IMMUNITIES ARE FURTHER PROTECTED UNDER THE I4TH AMENDMENT
TO THE U.S. CONSTITUTION, “ NO STATE.... SHALL DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL
PROTECTION OF THE LAWS”.

IN CASES OF EJECTMENT, WHERE THE QUESTION IS WHO HAS THE LEGAL TITLE THE PATENT OF THE
GOVERNMENT IS UNASSAILABLE. SANFORD vs. SANFORD, 139 U.S. 642, 35 L ED 290 IN FEDERAL COURTS THE
PATENT IS HELD TO BE THE FOUNDATION OF TITLE AT LAW. FENN vs. HOLMES, 21 HOWARD 481.

IMMUNITY FROM COLLATERAL ATTACK: COLLINS vs. BARTLETT, 44 CAL 371; WEBER vs. PERE MARQUETTE
BOOM CO.,62 MICH 626, 30 N. W. 469; SURGET vs. DOE, 24 MISS 118; PITTSMONT COPPER CO. vs. VANINA, 71
MONT. 44, 227 PAC 45; GREEN vs. BARKER 47 NEB 934 66 NW 1032

(7) DISCLAIMER; ASSIGNEE’S SEIZEN IN DEED, AND LAWFUL ENTRY IS INCLUSIVE OF SPECIFICALLY THAT
CERTAIN LEGALLY DESCRIBED PORTION OF THE ORIGINAL LAND GRANT OR PATENT
NO.____________________ AND NOT THE WHOLE THEREOF, INCLUDING HEREDITAMENT, TEMEMENTS, PRE-
EMPTION RIGHTS APPURTENANT THERETO. THE RECORDING OF THIS INSTRUMENT SHALL NOT BE CONSTRUED
TO DENY OR INFRINGE UPON ANY OTHERS RIGHT TO CLAIM THE REMAINING PORTION THEREOF. ANY
CHALLENGES TO THE VALIDITY OF THIS DECLARATION & NOTICE ARE SUBJECT TO THE LIMITATIONS
REFERENCED HEREIN. ADDITIONALLY; A COMMON COURTESY OF SIXTY (60) DAYS IS STIPULATED FOR ANY
CHALLENGES HEERETO. OTHERWISE. LACHES/ESTOPPEL SHALL FOREVER BAR THE SAME AGAINST ALLODIAL
FREEHOLD ESTATE; ASSESSMENT LIEN THEORY TO THE CONTRARY (ORS 275.130), INCLUDED.

THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS DECLARATION, CERTIFIED COPY OF ORIGINAL LAND
GRANT OR PATENT, DECLARATION OF HOMESTEAD (STRIKE OUT IF NOT APPLICABLE), LEGAL DESCRIPTION OF
PORTION OF SAID GRANTOR PATENT.

X______________________________________________

X______________________________________________

ASSIGNEE(S) ACKNOWLEDGMENT
State of _______________________) ss.

County of______________________ )

On ________________ before me, ___________________________________ personally


appeared_________________________________ and___________ personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which
the person acted, executed the instrument.

WITNESS my hand and official seal ___________________________________________

Signature of Notary

When Recorded, Return To:

__________________________________

__________________________________

__________________________________

Request Letter For Certified Copy of Original Land Patent (get certified copy!)

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