I’m having only one issue with Robb’s land ownership.
Sure you can go in and acknowledge the deed but it still does not change anything on the deed in
fee simple. You’re the owner but still liable for the property tax. If that’s what you trying to diminish the property tax, that’s not going to happen.
Here’s what I mean.
In English law, a fee simple (or fee simple absolute) is an estate in land, a form of freehold ownership. It is the most common way that real estate is owned in common law countries, and is ordinarily the most complete ownership interest that can be had in real property short of allodial title, which is often reserved for governments.
Fee simple ownership represents absolute ownership of real property but it is limited by the four basic government powers of taxation, eminent domain, police power, and escheat, and it could also be limited by certain encumbrances or a condition in the deed.
How ownership is limited by these government powers often involves the shift from allodial title to fee simple such as when uniting with other property owners acceding to property restrictions or municipal regulation.
In the United States, fee simple owners are subject to property tax and other assessments for items such as roads and water/sewer improvements on the land.
Freehold: Then what freehold land states: In certain jurisdictions, including England and Scotland, a freehold (also called frank-tenement and franktenement) is the ownership of real property, being the land and all immovable structures attached to such land. This is opposed to a leasehold in which the property reverts to the owner of the land after the lease period has expired
Leasehold: A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly.
Allodial title constitutes ownership of real property (land, buildings and fixtures) that is independent of any superior landlord, but it should not be confused with anarchy as the owner of allodial land is not independent of his sovereign. In common legal use, allodial title is used to distinguish absolute ownership of land by individuals from feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign.
In particular, land is said to be "held of the Crown" in England and Wales and the Commonwealth realms. In England, there is no allodial land, all land being held of the Crown; in the United States, all land is subject to eminent domain by the federal government, and subject to the imposition of taxes by state and/or local governments, and there is thus no true allodial land.
I never though I would ever back up a opinion but this makes sense,
The Constitution nowhere empowers the federal government to practice eminent domain. That is, nowhere in the Constitution is that power granted in the first place. Nor does the Constitution anywhere say that people hold their property by fee simple and not allodial title.
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Search Fee simple : ownership represents absolute ownership of real property but it is limited by the four basic government powers of taxation, eminent domain, police ...
Even in Indiana Code:
IC 32-24 ARTICLE 24. EMINENT DOMAIN
IC 32-24-1 Chapter 1. General Procedures
IC 32-24-1-1 "Condemnor" defined
Sec. 1. As used in section 5 of this chapter, "condemnor" means any person authorized by Indiana law to exercise the power of eminent domain.
As added by P.L.2-2002, SEC.9.
IC 32-24-1-2 "Owner" defined
Sec. 2. As used in section 5 of this chapter, "owner" means the persons listed on the tax assessment rolls as being responsible for the payment of real estate taxes imposed on the property and the persons in whose name title to real estate is shown in the records of the recorder of the county in which the real estate is located.
As added by P.L.2-2002, SEC.9.
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Originally Posted by Anthony Joseph
