Can You Exclude Government Workers From Your Land
Someone told me if you have title (not a deed) you can totally kick the city and county off your land. They are not allowed to go there for anything. No warrants, no complaints, no code enforcement, no nothing. I was also told they might retaliate by stopping mail delivery or trying to get your power shut off by taking away your address. I checked the net but could not find anything.
Any comments?
Re: Title Rights Kicking the City Off Your Land Kicking the County Off Your Land
You recieve title through a deed.
And somebody told you wrong.
Re: Title Rights Kicking the City Off Your Land Kicking the County Off Your Land
Quote:
Quoting
rescueme
Someone told me if you have title (not a deed) you can totally kick the city and county off your land. They are not allowed to go there for anything. No warrants, no complaints, no code enforcement, no nothing. I was also told they might retaliate by stopping mail delivery or trying to get your power shut off by taking away your address. I checked the net but could not find anything.
Any comments?
Yes, I have one comment: whoever told you that is clearly not a lawyer because it is patently untrue (pun intended :D). What that person is reciting is the theory that some government protest groups have regarding land patents. That theory has never been successful in court because it derives from a flawed understanding of land patents. There are various forms of title that one might have in land, so the argument made is not about title vs deed, which is how you presented it. A deed is simply a document whereas title reflects an interest in the land. The short version of the argument made is that if one holds land under a land patent the person is sovereign over that land and the government therefore cannot take any action against you with respect to anything that happens on that land. Putting aside for a moment that land patent title is extremely uncommon, even if you have that you do not have the shield against the government that these groups claim you’d get.
Re: Title Rights Kicking the City Off Your Land Kicking the County Off Your Land
In most parts of most states other than the original 13 colonies (there are a few other notable exceptions, but keeping it general here), all present private land title flowed from a government patent to a private party. That patentee (recipient of the patent) may have been a homesteader, a railroad company, a miner who received a mining patent together with a surface patent, or the original occupant of a lot in a town where the lots were surveyed and conveyed into private ownership under a townsite act.
A patent to land is essentially a quit claim deed from the government by which they convey all of their ownership interest to the land but do not relinquish their regulatory interest. There was never an intent to enable each citizen to become a nation unto oneself by the conveyance of land.
You say that you have title, but not a deed. That's a bit puzzling as land transfers have to comply with the Statute of Frauds, which means to be complete and valid, it must be in writing from the party who previously held valid title. How did you obtain title without a deed? Did you inherit it?
Re: Title Rights Kicking the City Off Your Land Kicking the County Off Your Land
Quote:
Quoting
eapls2708
You say that you have title, but not a deed. That's a bit puzzling as land transfers have to comply with the Statute of Frauds, which means to be complete and valid, it must be in writing from the party who previously held valid title.
I don't think the OP was saying he had title but no deed. Rather, I think he or she was trying to assert that his/her theory that one can absolutely bar any government employee from their land was based on having title to the property (though the OP failed to specify the type of title) rather than possessing a deed. I’m not clear where the OP was going with that. Of course a deed and title are two distinct things. It is the title or interest in the land that determines your legal rights. The deed is simply the document by which title or other other interest in land is conveyed. But its a huge leap from there to the argument that the OP is making.
Re: Title Rights Kicking the City Off Your Land Kicking the County Off Your Land