Hpschen,
"Newbie" was my interpretation of the comment you made when you said you are “new at this”; I guess I misunderstood. I apologize.
I'll try my best to help and remove the confusion you experienced from my indirect responses. You wrote:
Hpschen wrote:My original question has been and still remains, "When is the approved claimant a land owner?" Perhaps I am not making myself clear so I will try an analogy: Mr. Smith lived on a tract of land in the early 1800's, him or his parents received as a British or French, etc. grant, prior to the Louisiana Purchase of 1803.
I don’t understand your statement above when you say “approved claimant”? So, I will assume you mean “the person requesting a
Claim for land from the United States Government which was previously made patent and so granted to them”.
Inserted by Admin.
We recognize Vzeng1’s assumption is incorrect. Team Law understands the term “approved claimant” in this context means, the ‘claimant’ that registered a Claim for Land with the United States Government’s Land Office and who had that claim approved by the General Land Office. The next step in that process was the approved claim is delivered to the President’s office for the issuance of the Land Patent (which could take quite awhile).
Using the Standard for Review, we will attempt to look at what you said based on how you presented the scenario. This means starting from the beginning and then proceeding forward in time. Based on my understanding of what you just said, I would presume then that somewhere prior to 1803, there occurred a certain land grant made patent by an authority to issue it, such as a King (or their Assigns) and as a result of the Patent, a certain tract of land was lawfully granted to Mr. Smith's parents. Therefore, in law, having the original land grant document or a certified copy of the original document, mere presentment of this document "speaks for itself" proving the Title to the Land. Do you have this document?
A very valid and important question; because that Land Patent is the original Title to the Land.
Hpschen wrote:The United States sent out official land surveyors who surveyed the land thus purchased by the Louisiana Purchase, confirming or rejecting land claims. Some were NOT immediately approved, some were marked "NO CONFIRMATION FOUND" (this point a lot of folks have never heard of but it is true). Mr. Smith happened to be one of the ones who received "NO CONFIRMATION FOUND", hypothetically speaking, when his tract of land was surveyed in, say, 1851.
It appears that in your example, that in 1851 when the Surveyors came around to Mr. Smiths land, the Surveyor's office was not able to find and or was not presented satisfactory evidence that proved a claim asserted by Mr. Smith that he was indeed a lawful heir to a previously issued Land grant to his parents from a foreign government. As Admin has pointed out in another post,
heirs do not automatically become lawful recipients of the rights of land held by the their (the heir's) parents simply because there is a blood relationship. . Therefore, I would presume then that any claim for land being requested by the Surveyor of the United States of America would require solid documentary proof of rights of assignment and thus any tract of land not properly claimed with documentary evidence was identified as such.
Hpschen wrote:In, say, 1927, congress issued the land patent for Mr. Smith for the very tract of land for which "NO CONFIRMATION WAS FOUND", approving and granting the pantent. Now 76 years passed since Mr. Smith's tract of land was surveyed, and congress approved and granted a patent, 76 years after the surveyors marked the tract of land "NO CONFIRMATION FOUND". Now, according to law, is Mr. Smith a land owner, in the eyes of the United states, since 1851, or since the issuance of the land patent in 1927, or perhaps since him or his parents recieved the British or French, etc. grant prior to the Louisiana Purchase. WHEN, WHEN, WHEN, the date the ACTUAL LEGAL OWNERSHIP BEGINS. I am not trying to be smart myself, I am trying to learn. Again I thank you, I hope I have made myself clear.
Once you can demonstrate your right to Title to the land, you become an heir
instantly as of the date of the original Title. How is this possible? It is possible because of the word "Forever" in the original land Title (Land Patent). Forever, in the context of the Land Patent, doesn't necessarily bind a certain span of time to any one person but rather it refers to an everlasting span of time in which the privilege of the right to land ownership for that tract of land extends to the People always and has no expiration date. Since the Land Patent is recognized by the Constitution of the United States of America as superior, ownership rights are and will be forever upheld in supremacy law.
Again, though Vzeng1’s comment is correct, it seems not to answer the question posed completely. The legal landownership began when the Land was first claimed and respectively granted by the original land patent. The problem arises when the surveyors come to find out what land within the area was privately owned and what land was the property claimed by France. If a valid Title to the land could not be timely produced for the surveyors showing that ownership, the land was suspected of being under the right to the public to claim it in accord with the laws of the United States of America. That particular matter was of great concern to the President, Thomas Jefferson; so much so, that he refused to sign the Louisiana Purchase when it was first presented to him. It contained so much private land and contested matters that he would not approve it. He said there was no way he could know the propriety of the thing from the hodgepodge of documents before him. Thus, Congress passed Public Law 1, which said (in essence), ‘When evidence is presented by a certified third party presentment it shall appear.’ Accordingly, the Land Office’s Surveyor General returned and presented his certified summary of the documents so presented and the same documents were presented to the President as were presented before, but this time he signed the Purchase due to the certified third party presentment.
The bottom line, if your ancestors failed to produce their Title in a timely manner the presumption would stand to imply the property was not yet properly claimed in the private venue. Accordingly, they petitioned for a land patent from the United States of America and received it. Again, Vzeng1 is correct to recognize that the land patent is final forever. That means for all time both past and future. Thus, the answer to your question is they were landowners from the time of their original claim forever—and the land patents prove that Title.
I'm not sure why you would be so interested in the date of ownership since the right of ownership is more important than any date establishing when Title to the land was granted. This is because when you file proper documentation (Team Law can help) establishing your right, acceptance of those rights, and a description of the land you reside on, and given the fact that in the United States of America a land patent never expires, what does it matter when the date of that ownership of anyone else but you matters? If you present proper documentation that lawfully proves your rights and your acceptance of those rights which are traceable to a tract of land granted via a Land Patent of 1927, then effectively you've just lawfully demonstrated your title to land established by an official act of United States of America Government dated 1927. If you proceed with tracing your land to the British or French issued Patent to Mr. Smith parents, all you've done is spent more time trying to establish when the original title to land as of the date of the original Patent. From the sound of it, if Mr. Smith didn't demonstrated his right to ownership to the Surveyor and perhaps you may not have such a problem.
Though we agree with Vzeng1’s point, we disagree that securing and perfecting the right to the Title to the Land even back to the original land patent would be a waste of time. That proof of Title would eliminate any potential for any eminent domain claim even from the United States of America if it can be secured with provable evidence. If I could not find the entire body of documents necessary, but found all but the grant of the inheritance from the original father (the one that received the original land patent from France) to his son, I would raise a quiet title action to prove that claim.
Team law requires anyone that is interested in securing their lawful rights to their land (which, in this country, proves Electoral rights) to establish at least two things.
- Documentary evidence in the form of certified copy (or original) of a Land patent issued by the Government of the United States of America or in the case of many Eastern states land, by a Foreign Government such as the King or his assigns granting of tract of land whose boundaries encompass the smaller tract of land you currently reside on; and,
- Documentary evidence in the form of a certified copy (or original), usually in the form of some Deed, establishing a geographic description of the land and also your right to assignment of that land. Given that, if you can produce those two things, and securing Team Law’s services, you will prove at law your right and your declaration of acceptance of that right to title of the land so named in the Deed.
In my instance, I am not yet an elector. Currently, I am waiting on my certified photographed copy of the original Patent issued in 1684 by (British) Governor Dongan of the newly named Colony of New York in which a certain tract of land, in which my tiny parcel is a part of, was originally granted to a Patroon named Killean Van Rensealear and his heirs and assigns forever. Once I get that document, together with my certified copy of my Warranty Deed, I will be sending these in to Team Law to establish my Land Patent Sandwich and work toward becoming an Elector.
We disagree. Though Vzeng1 apparently does not have the proof of his right to the Land in the form of a complete Title (the Land Patent specific to the land plus all of the land transfer documents from the land patent to the present), the proper assumption remains that the Land Patent (Title to the Land) exists as did that chain of title that proves your right to the Land; thus, though Vzeng1 cannot yet prove his right to the Title to the Land the proper presumption because he has a presumable proper Deed indicates that he is an Elector where he stands on that Land. Of course, wisdom requires securing the documentary proof of that claim so we understand Vzeng1’s point in reserving himself from making that claim. In good faith we would make that claim and continue working on perfecting it until we had perfected the Title.
I hope you will understand that all of this landownership work is an individual effort but collectively being necessary for one primary purpose. That is, to save our Nation. Team Law has taken the position that all Electors regardless of which state they are citizens of will be required to be Landowners. This is because Electors are so important to Team Law's purpose of preserving our nation through education and respective action. If you are or become an Elector, you will at the minimum secure your position in being a direct participant of restoring our Nation's original jurisdiction government and in 2012 (we hope), have the honor and privilege to participate in seating a President of the United States of America for the first time since 1913.
I hope this helps.
Vzeng1