Here's another Exhibit "A" story that was told to me by a credible person. A land title insurance agent had had a problem in the past with deeds occasionally being sent off to be recorded without Exhibit "A" containing the actual property description attached. The instrument of conveyance was typically prepared with the property being described in the instrument simply by reference to Exhibit "A" attached for a full and complete description of the subject of the conveyance.
So, when it was time to train the new employee, there was considerable stress placed upon the importance of being certain that Exhibit "A" was attached. Always attach Exhibit "A" before sending it to the County Clerk to be recorded. Always. In fact, to be safe and leave no room for doubt, the trainee was provided with a specimen of what a metes and bounds description of the sort that would be typically attached as Exhibit "A" looked like. I mean metes and bounds descriptions are pretty recognizable things in themselves, so this helped make certain that no deed would ever be recorded without Exhibit "A".
It worked, too. A month later it was found that no deed sent off for record in connection with the transactions that the title agency had handled had been recorded without Exhibit "A". The problem was that they were all recorded with - yes, you guessed it - the identical Exhibit "A". The specimen that the trainee had been provided was now the subject of multiple conveyances of record.
oooouch... Seen it here too, but then followed by a solid "Deed of Correction".
Funny, "Exhibit 'A'" here has evolved into anything describing the property... the prior reference (no description or lot designation), a plat, a metes & bounds description, a lot reference (sometimes with or without a subdivision reference), a reference to a deed or a deed of trust that might have 3 or 12 parcels within it... yeah, it's turned into a whole lot of fun here sometimes.
Yes but the employee is CHEAP!
> Yes but the employee is CHEAP!
Yes, of course. Those experienced employees who actually pretty much know what they're doing cost too much!
Hmmm....
Looks like some more affidavits will be filed.
I have never failed to send my "Exhibit A" downstream but it seems that it is the attorneys and their helpers who have a problem with the alphabet.
Remember that they are currently paying about $14 per hour for "title examiners".
> Remember that they are currently paying about $14 per hour for "title examiners".
Well, experienced abstractors cost too much. I mean, they've been at it for probably at least ten or fifteen years and expect to be paid for their "knowledge". Where will that all lead?
.....Feed a monkey peanuts........
RADU
But, in the US all land titles are allodial
Richard, keep in mind that in the US all land titles are allodial. So what this means according to the noted land title authority Judo Faintbrother (who, as I understand it, has advised Richard L. Schaut, a noted authority on land boundaries and the fences that define them) is that all of the problems I described could be cleaned up with just one expertly drafted affidavit. Naturally, it would have to be prepared by a surveyor who had been initiated into the art of such things, but once recorded in the Miscellaneous Records of whichever county would accept it, it would be impossible to dispute.
mcmillan
> Richard, keep in mind that in the US all land titles are allodial.
Your ignorance is boundless. The land is allodial, not the title.
Richard Schaut
mcmillan
> Your ignorance is boundless. The land is allodial, not the title.
Well, considering that the term "allodial" means "not feudal", I don't think I take your point. The land is the right of ownership, the title, not the dirt.
A different look
From Wikipedia, the free encyclopedia
(Redirected from Allodial)
Property law
Part of the common law series
Acquisition
Gift · Adverse possession · Deed
Conquest · Discovery · Accession
Lost, mislaid, and abandoned property
Treasure trove · Bailment · License
Alienation
Estates in land
Allodial title · Fee simple · Fee tail
Life estate · Defeasible estate
Future interest · Concurrent estate
Leasehold estate · Condominiums
Conveyancing
Bona fide purchaser
Torrens title · Strata title
Estoppel by deed · Quitclaim deed
Mortgage · Equitable conversion
Action to quiet title · Escheat
Future use control
Restraint on alienation
Rule against perpetuities
Rule in Shelley's Case
Doctrine of worthier title
Nonpossessory interest
Easement · Profit
Covenant
Equitable servitude
Related topics
Fixtures · Waste · Partition
Riparian water rights
Prior-appropriation water rights
Lateral and subjacent support
Assignment · Nemo dat
Property and conflict of laws
Other common law areas
Contract law · Tort law
Wills, trusts and estates
Criminal law · Evidence
v · d · e
Allodial title constitutes ownership of real property (land, buildings and fixtures) that is independent of any superior landlord. 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. Webster's first dictionary (1825 ed) says "allodium" is "land which is absolute property of the owner, real estate held in absolute independence, without being subject to any rent, service, or acknowledgment to a superior. It is thus opposed to "feud."
True allodial title is rare, with most property ownership in the common law world—primarily, the United Kingdom, the United States, Canada, Australia, New Zealand and the Republic of Ireland—described more properly as being in fee simple. 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. Some states within the US (notably Nevada and Texas) have provisions for considering land allodial under state law, but such land remains rare. Some of the Commonwealth realms (particularly Australia) recognize native title, a form of allodial title that does not originate from a Crown grant. Some land in the Orkney and Shetland Islands, known as Udal land, is held in a manner akin to allodial land in that these titles are not subject to the ultimate ownership of the Crown.
In France, while allodial title existed before the French Revolution, it was rare and limited to ecclesiastical properties and property that had fallen out of feudal ownership. After the French Revolution allodial title became the norm in France and other civil law countries that were under Napoleonic legal influences. Interestingly Quebec adopted a form of allodial title when it abolished feudalism in the mid-nineteenth century making the forms of ownership in Upper and Lower Canada remarkably similar in substance.
Property owned under allodial title is referred to as allodial land, allodium, or an allod. In the Domesday Book it is called alod.[1]
A Footnote
Actually, to be a Schaut scholar, one has to know the origins of the term that brought it to Richard's attention in the first place. That lies in the Wisconsin Constitution. Somewhere within that early document (ratified in the 1870's, as I recall) around which the later state of Cheese and Cheeseheads was organized is the statement to the effect that "all lands in Wisconsin are allodial".
What the author clearly intended by that was that none of the feudal estates that existed in the Northern European countries from which most of the Cheeseheads came would be legal, being contrary to the democratic principles around which the Republic had been organized. It's not unlike saying that estates in land in perpetuity are banned by law.
My first thought was of the term "responsible charge."
> Remember that they are currently paying about $14 per hour for "title examiners".
How much are we paying rodmen these days to operate the "smart" end of the survey? Eyes on the ground can be the most important factor.
JBS
Feudal Estates
> What the author clearly intended by that was that none of the feudal estates that existed in the Northern European countries from which most of the Cheeseheads came would be legal, being contrary to the democratic principles around which the Republic had been organized.
Don't be short changing feudal estates, Maryland used to be a County Palatine
Don't Forget notarized acknowledgment!
http://www.leagle.com/xmlResult.aspx?xmldoc=In%20ARCO%2020110420016.xml&docbase=CSLWAR3-2007-CURR
The deed, however, had not been notarized. Moseley Abstract subsequently returned the original deed to the business office noting that it could not be recorded without a notarized acknowledgment. Jr. placed the unacknowledged deed in his personal files at the office.
Patricia had a photocopy of the previously signed deed notarized. Sheryl White, Patricia's daughter and Jr.'s sister, notarized the document because she was familiar with and recognized Jr.'s and Linda's signatures. Patricia then filed the warranty deed with the Crawford County Circuit Clerk
Because we find that the deed was valid as to the parties when signed and delivered to Sr. in December 2002, we need not reach the parties' arguments with respect to the statute of limitations or whether it was tolled by fraudulent concealment. This is so because, even if we were to find that the photocopied deed was improperly acknowledged and recorded, the improperly acknowledged and recorded deed had no effect on either Jr.'s or Linda's rights to the property, as a valid transfer had already occurred. A wrong, without any accompanying harm, is not actionable. Thus, as the original unacknowledged and unrecorded deed effectuated a valid transfer, there was no cause of action for fraud.
Based on the foregoing, the order is reversed, and the cause is remanded to the trial court to enter judgment that the unacknowledged deed effectively passed title to the property in accordance with this opinion.
DDSM
Feudal Estates
> Don't be short changing feudal estates, Maryland used to be a County Palatine
There were feudal estates in New York as well, Patroon Fleming.
A Footnote
Title is simply title. The rights of the land owner holding title to a parcel depends on the designation of the land, allodial land owners have rights not available to the owner of feudal land.
For feudal land, the record description has more control over the parcel boundaries while in allodial land, the acts of the owners may overrule the description when they establish physical evidence that marks the limits or their occupation and control as indicated by the definition of alienation in Black's dict. as well as the state statutes of limitation or repose. (Like section 16 of the Texas Civil Procedures and Remedies Act.)
Richard Schaut
A Footnote
> Title is simply title. The rights of the land owner holding title to a parcel depends on the designation of the land, allodial land owners have rights not available to the owner of feudal land.
>
> For feudal land, the record description has more control over the parcel boundaries while in allodial land, the acts of the owners may overrule the description when they establish physical evidence that marks the limits or their occupation and control as indicated by the definition of alienation in Black's dict. as well as the state statutes of limitation or repose.
You're breaking new ground, Richard, if you don't distinguish the key element as being not the land itself but the land tenure system within which rights are created and recognized.
Feudal Estates
Yes, and a major factor in much of the population of the Mohawk Valley supporting the English during the revolution. Then, as now, it was a revolt against Albany that was needed in this neck of the woods.
