LEGAL TITLE vs EQUITABLE TITLE

By: Jared Dalen

Ok people, how many of you out there in the Matrix own a car? What if I told you you don't actually own your car??? You may say, "but I have legal title!" Lets be honest, have you ever bothered looking up the term "legal title" in a law dictionary? Lets take a look at some definitions from Black's 6th Edition shall we? Alrighty then...

LEGAL TITLE ~ One cognizable or enforceable in a court of law, or one which is complete and perfect and possession, BUT WHICH CARRIES NO BENEFICIAL INTEREST IN THE PROPERTY, ANOTHER PERSON BEING EQUITABLY ENTITLED THERETO; in either case, THE ANTITHESIS OF "EQUITABLE TITLE". It may also mean appearance of title as distinguished from complete title; or full and absolute title or apparent right of ownership WITH BENEFICIAL OR EQUITABLE TITLE IN ANOTHER.

WOW, lots if big words in there. One of which being "equitable title." It is also noted that this equitable interest is vested in another person. Interesting... Before we venture into the word "equitable", lets take a look at "legal owner. " You are the legal owner are you not?

LEGAL OWNER ~ The term has come to be used in TECHNICAL CONTRAST to the EQUITABLE OWNER, and not as opposed to an illegal owner. The legal owner has title to property (legal title), although the title may actually carry NO RIGHTS TO THE PROPERTY other than a lein.

Again, in contrast to equitable owner. Guess we better see who this "equitable owner" is! I would define "equitable title" but under the definition it says to "see equitable owner"...

EQUITABLE OWNER ~ One who is recognized in equity as owner of the property, BECAUSE REAL AND BENEFICIAL USE AND TITLE BELONG TO HIM, even though bare legal title is invested in another.

"Legal title is invested in another" (YOU) and "real and beneficial use and title belong to him." We'll who is "him" and actually owns the equitable interest in "your" car? We'll find that out shortly after a couple more definitions like "equitable ownership"...

EQUITABLE OWNERSHIP ~ The OWNERSHIP INTEREST OF ONE WHO HAS EQUITABLE AS CONTRAST TO LEGAL OWNERSHIP OF A PROPERTY...

EQUITABLE INTEREST ~ The interest of a BENEFICIARY under a trust is considered equitable as contrasted with the interest of the TRUSTEE which is a LEGAL INTEREST BECAUSE THE TRUSTEE HAS LEGAL AS CONTRASTED WITH EQUITABLE TITLE.

I hope it is starting to become very clear that somewhere between you buying the car and then receiving this "legal title", you have given up equitable interest in YOUR car. By the above definition it states you are a trustee that has legal title to the property. This may bring more questions like what is a "trust", "trustee" and this mystical "beneficiary" who has equitable title over YOUR property.

TRUST ~ A legal entity created by a GRANTOR for the benefit of designated beneficiaries under the laws of the state and the valid trust instrument.

BENEFICIARY ~ ONE WHO BENEFITS FROM THE ACT OF ANOTHER. A PARTY WHO WILL BENEFIT FROM THE TRANSFER OF PROPERTY OR OTHER ARRANGMENT. Examples include the beneficiary of a TRUST...

TRUSTEE ~ PERSON HOLDING PROPERTY IN TRUST... ONE WHO HOLDS LEGAL TITLE TO PROPERTY "IN TRUST" FOR THE BENEFIT OF ANOTHER PERSON (BENEFICIARY) AND WHO MUST CARRY OUT SPECIFIC DUTIES WITH REGARD TO THE PROPERTY. The trustee owes a fiduciary duty to the beneficiary.

Well, well, WELL, isn't this interesting!!!! Lets see, a trust is created by a grantor for the benefit of the beneficiary in which the trustee holds legal title and owes a fiduciary duty to the beneficiary. Feel good about your legal title now? Lets take a look at another term to hammer this home, "fiduciary"...

FIDUCIARY ~ A person holding the character of a trustee, or a character analogous to that if a trustee... A person having the duty, CREATED BY HIS UNDERTAKING, to act primarily for another's benefit...

Lets recap again; YOU:
1) Have legal title to property you assume is yours.

2) Have a fiduciary duty for the benefit of the beneficiary that holds equitable title to the property you think you own.

^How did this happen!!!! Lets go back and see what exactly happened... You bought a car. At that point you HAD equitable title to that car which is known as the Bill of Sale. Then, without understanding law, and because "everyone is doing it", you voluntarily registered YOUR car with the state which created a trust agreement. Under this trust agreement that you voluntarily granted (GRANTOR), you gave equitable title to the state and made them the beneficiary and you a trustee in which you agree to their arbitrary rules and fees as a fiduciary... You getting pissed yet? You should, because if you are the "legal owner" of your home and "legal guardian" of your child, somewhere down the line you voluntarily agreed to give up equitable interest in YOUR property. Unfortunately there are two maxims of law that allow this to happen.

*Ignorance of law is no excuse.*

*Let him who wishes to be deceived, be deceived.*

How about a shot of reality from the beneficiary's mouth:

Senate Document # 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933: "The ultimate ownership of all property is in the State (equitable owner); individual so-called "ownership" (legal owner) is only by virtue of Government (beneficiary), i.e., law, AMOUNTING TO A MERE USER (your the trustee); and use must be in accordance with law (fiduciary duty) and subordinate to the necessities of the State."

If you knew the definition of "allodium" (in regard to land), you might realize that a person who owns land in allodium has "land held absolutely in one's own right, and not of any lord or superior; land not subject to FEUDAL duties or burdens." Hmmm, feudal duties and burdens like LAND TAXES? Like renewal of registration and other fees for the enjoyment of "your" car???

Lastly, I want to make it very clear how you are viewed by your beloved government "by the people and for the people" after it changed in the 1860s from a constitutional republic to a federal democracy... Usufruct!

USURFRUCT ~ The right of using and enjoying and receiving the profits of property THAT BELONGS TO ANOTHER, and the usurfructuary is a person (YOU, the trustee who holds legal title!) who has the usurfruct or right of enjoying anything in which HE HAS NO PROPERTY (EQUITABLE) INTEREST.

Hate to burst you bubble, but as long as you willingly consent to be governed by this reconstructed federal system, you consent to being a vassal -- a voluntary slave -- for your lord the state in modern feudal times. If one thing remains constant, it is history repeats itself.

P.S. In case you are unaware of the significance of the term "vassal". This is taken from Wiki:

A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in the context [a] feudal system... The obligations often included military support and mutual protection, in exchange for certain privileges, usually including the grant of land held as a fiefdom. The term can be applied to similar arrangements in other feudal societies.

Better start questioning the world around you, because this is only the tip of the iceberg...