That is why it is also referred to as "full title" as opposed to when 'legal title' and 'equitable title' are 'separated'. Apparently "Papers, please!" is basically a request to make a determination as to whether one has full title or not.Originally Posted by Treefarmer
All rights reserved. Without prejudice. No liability assumed. No value assured.
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius"It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2Prove all things; hold fast that which is good. Thess. 5:21.
I can answer this ....
The King's attorners attempted to evade his law (and revenues) by vesting the legal title in someone who could not be burdened with the King's dues while the equitable titled was vested in another.
The term use also refers to purpose. Land is classified as to purpose.
The King attempted to quash all of this by the Statute of Uses (1535).
The Statute of Uses vested the legal title back into the beneficial owner, thus subject to the King's charges.
Attorners in return invented the 'use upon a use'.
From this is where trusts are born.
Remember originally that the common law recognizes one owner and one owner only. The owner possesses both the legal title (ownership) as well as the use of the property (benefits, income). Also remember that this owner only tenures (holds) an abstract of the land and not the land itself.
This tenure is subject to the duties or charges imposed by his lord (feudalism).
From the above, we can see all other titles are incident and inferior to the radical title possessed by the King. The King is the overlord or lord paramount.
A 'use upon a use' (trust) allows the Courts of Equity to administrate while keeping silent as to the law (Common Law).
Thanks to the Lord Bacon and King James the I & VI, Equity trumps Common Law. This is due to the rivalry of Bacon and the displeasure of King James I with Edward Coke.
Coke rocks. If you want to study Common Law, start with Coke, not Blackstone.
Last edited by shikamaru; 06-15-12 at 01:21 PM.
Very interesting.I can answer this ....
The King's attorners attempted to evade his law (and revenues) by vesting the legal title in someone who could not be burdened with the King's dues while the equitable titled was vested in another.
The term use also refers to purpose. Land is classified as to purpose.
The King attempted to quash all of this by the Statute of Uses (1535).
The Statute of Uses vested the legal title back into the beneficial owner, thus subject to the King's charges.
Attorners in return invented the 'use upon a use'.
From this is where trusts are born.
Remember originally that the common law recognizes one owner and one owner only. The owner possesses both the legal title (ownership) as well as the use of the property (benefits, income). Also remember that this owner only tenures (holds) and abstract of the land and not the land itself.
This tenure is subject to the duties or charges imposed by his lord (feudalism).
From the above, we can see all other titles are incident and inferior to the radical title possessed by the King. The King is the overlord or lord paramount.
A 'use upon a use' (trust) allows the Courts of Equity to administrate while keeping silent as to the law (Common Law).
Thanks to the Lord Bacon and King James the I & VI, Equity trumps Common Law. This is due to the rivalry of Bacon and the displeasure of King James I with Edward Coke.
Coke rocks
I thought that the American revolution got us away from the Crown.
How did the feudalism creep back in?
Was allodial title ever possible in this country since the Columbus invasion?
There is something totally perverse about this servitude that is being touted as freedom.
Like calling marshmallows and beer "food".
Treefarmer
There is power in the blood of Jesus
I've only read the first post. Its rather typical to Sheriff's Departments, Fire Departments or the like to contract privately. If you look at the LAPD Sheriff, they openly 'sell' their services. If you take your property off the books, you can contract with the County of the City of .... Sheriff or w/e or you can contract with private security--even with Blackwater if you wanted. The County Treasurer, City Treasurer or State Treasurer might be who you'd want to pay to cover your fees. Alternatively, the City, County or State Attorney (General) or the like. If you want to send kids to school, same deal. Pay up.
A purpoted method for taking property off the books is to pay the property tax off (some suggest seven years worth) and notify the assessor that the property is ***private** rather than residential or public--OBVIOUS as in CAPTAIN OBVIOUS--dont use a zip code or a domestic address when doing this! The property being free from mortgage is allegedly a prerequisite. Simple notice to the County/City Assessor.
You could probably even have the State Guard, US Marshalls, State Patrol or US Army guard your private property.Bob; house of Smith
private 100 Main street
near Los Angeles, California not domestic
to -> Roger Smith d/b/a Los Angeles County Assesor... or w/e
This concerns parcel/record # ... This is to inform you that your records are inaccurate. My private property appears to be incorrectly classified by you as "residential" or "public" rather than private.
Last edited by allodial; 09-22-11 at 04:35 AM.
All rights reserved. Without prejudice. No liability assumed. No value assured.
"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius"It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2Prove all things; hold fast that which is good. Thess. 5:21.
Some argued that after the Revolution that people merely replaced one overlord for another.
Governments assumed the powers and prerogatives of the King.
(European) Land law has always had a very heavy feudal and servile tint to it
Land law is heavy in usage of feudal terms.
In Roman Civil Law, there is the concept of the peculium.
The peculium works like such: the property, de jure, is owned by the dominus (master), but in custom and practice is possessed, used, and enjoyed by the servus (slave).
One can see that there are similarities between "ownership" of land by a tenant and the peculium.
I don't know, but I am willing to find out
Allodial title may or may not be possible, but I believe if not possible, it can be approximated very closely
Indeed ....
Property taxes is rent on land.
My usage of rent in this case is in the signification of revenues (Adam Smith - Wealth of Nations).
Interestingly enough, some precursors to the modern day property tax were the rentcharge and quit-rent .....
It is all about revenue and revenue stream.
The King's hunger for revenues have had a major influence on the course of develop of the Common Law.
Last edited by shikamaru; 09-22-11 at 02:53 PM.
How is ownership of a parcel of land connected with a domestic ZIP code address?
It seems to me that a "residential address" which was issued by the Post Office refers to the mailbox on the side of the road.
The mailbox is on the federal, state, or county road right-of-way, and often it's not even on the side of the road on which the mailbox owners' land is located.
What contract, treaty, law or agreement ties a "residential address" and its mailbox to a piece of land on which someone makes their home?
Thank you
Treefarmer
There is power in the blood of Jesus
One of the hooks they get you with is an affidavit of residence.
Assumpsit.
Also "consent" when one just goes along to get along. That word seems to be a magical word that is used in a lot of different areas in the corporate trust structure.
- There usually always a deed of trust somewhere.
- A mortgage is a security contract for deed of trust through a third party.
- A certificate is a security for a title held in trust.
4 positions, Executor/Grantor, Title Owner, Beneficial owner, surety.
heir
n 1: a person who is entitled by law or by the terms of a will to
inherit the estate of another [syn: inheritor, heritor]
2: a person who inherits some title or office [syn: successor]
" HEIR. One born in lawful matrimony, who succeeds by descent, and right of blood, to lands, tenements or hereditaments, being an estate of inheritance. It is an established rule of law, that God alone can make an heir. Beame's Glanville, 143; 1 Thomas, Co. Lit. 931; and Butler's note, p. 938."
- Bouviers Dictionary
" Executor ; 9. - 3. The executor should prove the will in the proper office. "
- Bouviers Dictionary
Genesis 1:26 - 27 And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
So God created man in his own image, in the image of God created he him; male and female created he them.
You got to make up your mind what position you are in and stick to it. If your going to be a surety then do it well, do not blame others for the position you accepted/consented to.
Last edited by motla68; 09-25-11 at 05:01 PM.
A deed of trust (trust deed) is not used universally by all States. Although many States do, those that do not use a mortgage. This information was acquired by way of Wikipedia.
Given what I have stated above, this would not be the case. A mortgage is a loan contract with the house or property as security (collateral) for the loan.
This is interesting and I could see this. Would you happen to have any material concerning certificates and items held in trust or bail?
How would being an heir come into play with property acquired by sale? Does not heir invest by descent?
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