Land: Private property or estate

 

By: Jeff Ganaposki

January 1, 2012 at 4:05pm

. . . Land is something we all need to live. From the land, we take our water, food, and build shelter. Without land, we would not survive. There are those who argue that ephemeral man cannot "own" land, but that is a lie.
What they want you to surrender is your right to land, and your right to exclude others from your land, and the exclusive right to the fruits of your labor on that land.

All land is NOT real estate.

LAND. ... The land is one thing, and the estate in land is another thing, for an estate in land is a time in land  or  land for a time.
- - -Black's Law dictionary, sixth ed., p.877

Estate in land is "another thing". Estate is time in land or land for a time. Remember that.

"OWNERSHIP - ... Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has the absolute dominion over it... The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted."
- - -Black's Law dictionary, sixth ed., p. 1106

Ownership is qualified (not absolute) when it is shared, or time is limited, or use is restricted.
Remember, estate is land for a time.

What is estate?

"ESTATE - The degree, quantity, nature and extent of interest which a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein."
Black's Law dictionary, sixth ed., p.547


"REAL ESTATE .... is synonymous with real property"
Black's Law dictionary, sixth ed., From p.1263


"REAL PROPERTY ... A general term for lands, tenements, heriditaments; which on the death of the owner intestate, passes to his heir." Black's Law dictionary, sixth ed., p.1218

Estate is interest in "real and personal property", which boils down to qualified ownership.

What is NOT qualified ownership?

PRIVATE PROPERTY - As protected from being taken for public uses, is such property as belongs  absolutely  to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as  houses, lands,  and chattels.
- - Black's Law dictionary, sixth ed., p.1217

Land and house that is absolutely owned is private property.


WHAT IS INTEREST?

INTEREST - ...More particularly it means a right to have the advantage of accruing from anything ; any right in the
nature of property, but LESS THAN TITLE.
Black's Law dictionary, sixth ed., p.812

Title - "The formal right of ownership of property..."
Black's Law dictionary, sixth ed., p.1485

Real estate / Real property is "lands, tenements, heriditaments" a person or tenant has NO formal right of ownership
of property - only the advantages from it.

PROPERTY TAX - "An ad valorem tax, usually levied by a city or county, on the value of  real or personal property that the taxpayer owns on a specified date."
Black's Law dictionary, sixth ed., p.1218

Hmmm ... real property = real estate = estate. Please note that the tax is levied upon the taxpayer, not the land. Land has no duty to pay a tax.

Unpaid taxes on "real estate" can result in confiscation, whereas private property is defined as being protected from being taken for public use without just compensation. Sadly, most Americans record their "title deed" with the Real Estate registry. Coincidentally, there is no law compelling the recording of private property. But all "real estate" transactions must be recorded!

Ironically, most folks are misled to assume that they can only trade in real estate.

FEE SIMPLE - ... an absolute estate... Black's Law dictionary, sixth ed., p. 615

DEED - A conveyance of realty. Black's Law dictionary, sixth ed., p.414

REALTY - A brief term for real property or real estate. Black's Law dictionary, sixth ed., p.1264

A "Title Deed" refers to realty, or real estate, which is an interest in real property, but only for a time, and is not a title to private property held absolutely.

To illustrate further:
From the Texas Constitution:

ARTICLE 8 - TAXATION AND REVENUE
Sec. 1. EQUALITY AND UNIFORMITY; TAX IN PROPORTION TO
VALUE; TAXATION OF TANGIBLE AND INTANGIBLE PROPERTY;
OCCUPATION TAXES; INCOME TAX; EXEMPTION OF HOUSEHOLD GOODS.

(a) Taxation shall be equal and uniform.

(b) All real property and tangible personal property in this State, unless exempt as required or permitted by this Constitution, whether owned by natural persons or corporations, other than municipal, shall be taxed in proportion to its value, which shall be ascertained as may be provided by law.

The Texas constitution states that all real and personal property is subject to their taxing power.

PROPERTY TAX - An ad valorem tax, usually levied by a city or county, on the value of real or personal property that the taxpayer owns on a specified date.
Black's Law Dictionary, Sixth ed., p.1218

That definition agrees with the Texas constitution.

In short, the constitutional government of Texas has never, ever infringed upon the private property rights of the people. The constitution specifically lists estate as the property type subject to their power, their rules, and their taxes.

When I did a computer search on the words "private property", the only place private property is mentioned, is
in the section dealing with water works. In Article 11- Sec.12, Texas Constitution

Sec. 12. EXPENDITURES FOR RELOCATION OR REPLACEMENT OF
SANITATION SEWER OR WATER LATERALS ON PRIVATE PROPERTY.

The legislature by general law may authorize a city or town to expend public funds for the relocation or replacement of sanitation sewer laterals or water laterals on PRIVATE PROPERTY if the relocation or replacement is done in conjunction with or immediately following the replacement or relocation of sanitation sewer mains or water mains serving the property. The law must authorize the city or town to affix, with the CONSENT OF THE OWNER of the PRIVATE PROPERTY, a lien on the property for the cost of relocating or replacing the laterals on the property and must provide that the cost shall be assessed against the property with repayment by the property owner to be amortized over a period not to exceed five years at a rate of interest to be set as provided by the law. The lien may not be enforced until after five years have expired since the date the lien was affixed.

Without consent of the owner, the State or local government cannot affix a lien, nor assess against the property, nor compel repayment. In short, private property and its owner is NOT subject to their authority.

In summation, private property is still protected from government.

The three facts that establish allodial title (according to the rules regarding auctions under admiralty / maritime) are:

1. Buyer has the right to own,
2. Buyer alienates title with lawful money,
3. No superior claim exists.

[1] To have the right to own, one should be of legal age (over 21), unimpaired, and competent. For an absolute right to own, it is now apparent that one should not be a participant in national socialism. All enumerated participants have pledged their property as collateral and became paupers at law to be eligible for entitlements (charity). Likewise, if one is exercising political liberty - voting and holding office - one must register their property as estate. (See earliest constitutions regarding the privilege to vote and hold office - limited to property owners who paid their taxes.)

[2] Alienation of title (the collection of facts that establish ownership) by lawful money (gold / silver dollars) also includes gift or bequest (if the previous owner held it absolutely). No mortgages allowed (two or more claimants makes ownership qualified).

[3] No superior claim can be established by giving due notice in the local county newspaper of record. Thirty days before the final transaction, place a legal notice (which should include a reply box number provided by the newspaper) wherein you describe the property and request that all claimants must come forward within 30 days or forever waive their claims. After 30 days, the newspaper will issue an affidavit to the claims or lack thereof.

You should investigate your own state's laws on the topic, but I suspect that they will not be much different than what I found in Georgia.

Official Code of Georgia Annotated states:

O.C.G.A. 44-2-1. Where and when deeds recorded; priority as to.
" Every deed conveying land shall be recorded in the office of the clerk of the superior court of the county where the land is located. A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed."

The word "shall," on first reading, gives one the impression that it is mandatory. End of discussion. The proponents of allodial land and freedom are obviously ignorant, misled, and confused, say the pundits.

But there's another side to this word play...

" There is no Georgia statute compelling the recording of a deed."
- - - Encyclopedia of Georgia Law, 8 A, p. 265, Sec. 132

Is this not contradictory?

What makes BOTH the statute and the encyclopedia right?

What if "shall" didn't mean "shall"? Go review the following little section on law pertaining to mandatory versus directory statutes.

SHALL - As used in statutes, contracts, or the like, this word is generally imperative or mandatory... But it may be construed as merely permissive or directory (as equivalent to "may"), to carry out the legislative intention and in cases where no right of benefit depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Black's Law, Sixth ed., p.1375

There's the key: shall (mandatory) means may (directory) if a private or public right is impaired by its interpretation as shall.

Clever politicos.... They write a "law" in a form to persuade you that you are obligated to perform to it, but in truth, they have not. You are under no obligation nor is there a consequence for not obeying a directory statute.

And there's more to it than meets the eyes.

" Sole purpose and effect of recording of deed is to afford third parties constructive notice of the existence of the deed.
- - - City Whsle. Co. v. Harper, 100 Ga.App. 151, 110 S.E. 2d 561 (1959)

The court ruling is clear and to the point. The sole purpose for recording deeds is to give notice.

Side note: "Deeds" refer to realty, which appears to not refer to private property.

REALTY - A brief term for real property or real estate.
- - - Black's Law dictionary, 6th ed., p.1264

I do not claim infallibility. But to this point, it appears that the smokescreen of "realty" law has been used to distract Americans from awareness about private property law.

DUE NOTICE

In every county in the nation, there's one designated newspaper for "LEGAL NOTICES". If one pays for an ad, with a reply box, describing said property (geographical) and asking all claimants to come forth within 30 days or forever WAIVE their claims, one has complied with DUE NOTICE. After 30 days, the newspaper will issue an affidavit to that effect. (Hopefully, that no one came forward by sending a reply).
(This "legal service" is why the ads cost so much!)

At that point, one has established the FACT that no one has a claim, so your claim is now ABSOLUTE. You didn't RECORD it in the county's "real estate" registry. But you DID record a due notice in PUBLIC.

If you didn't register said property with the real estate clerk, nor the tax assessor, you aren't going to get a tax bill, either.

If you don't attach a United States Postal Service compliant mailbox, you won't even be bothered with "legal paper" (or junk mail).

That's how one can have a domicile in the United States of America (non-domestic), but NO address within the United States (domestic).

As a free inhabitant, non-resident to the forum (their State), you aren't a person liable, nor can you register property "in" the State. No state requires nor allows non-residents to record their property.

RECAPPING

In other words, 30 days (or more) before the transaction, place the legal notice. After one has evidence that no superior claim exists, then purchase said property with a minimum of 21 dollar U.S. (silver or gold) (Demonetization of silver only applies to the FEDERAL government - not the people), to preserve 7th amendment guarantees, have the BILL OF SALE ready, with the amount of real money (and "other valuable consideration" - such as green pieces of paper with pictures of presidents on them.), to be signed by seller, buyer, and two witnesses. Once the Bill of Sale is signed, that should suffice.

Check your own state's constitution or laws regarding anti-peonage clauses or statutes. The government usually will exempt some amount, so as to not compel any citizen or inhabitant to become a public charge (pauper).

Georgia State constitution, Art 1, Sec 1, Para 26
"Exemptions from levy and sale.
The General Assembly shall protect by law from levy and sale by virtue of any process under the laws of this state a portion of the property of each person in an amount of not less than $1,600.00 and shall have authority to define to whom any such additional exemptions shall be allowed; to specify the amount of such exemptions; to provide for the manner of exempting such property and for the sale, alienation, and encumbrance thereof; and to provide for the waiver of said exemptions by the debtor."

If this is the case, you gain no benefit by increasing the Sale Price above the minimum 21 dollars, for 7th Amendment protections. In Georgia's case, one could purchase 76 items, each $21, that would be immune under this exemption clause.

On the other hand, if threatened with Eminent Domain, your common law status would allow you to demand just compensation - and object to the tender of their worthless paper! (One might compromise by accepting a trade of something you deem to be of equivalent or greater value.)


GOD BLESS THE USA !

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Addendum

Pennsylvania Constitution,
Article 1, Section 1,
Inherent Rights of Mankind

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

Section 10.
...nor shall private property be taken or applied to public use, without authority of law and without just compensation being first made or secured.

Sub-chapter TT. LAND USE PLANNING, Sec. 7.771. Commonwealth land use policies.
sub-section (c) The constitutional private property rights of Pennsylvanians must be preserved and respected.
...............................
    " No inhabitant of this state shall be molested in person or property ... on account of religious opinions..."
    - - - Georgia Constitution, Article 1, Sec.1, Paragraph 4

    "... private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.'
    - - - Georgia Constitution, Article 1, Sec.3, Paragraph 1