Picture this, private lands held by private party. Land is sold from private party to an individual who is a native American and deed representing such (sale to individual) is recorded in county. No rights in deed are granted to federal government, only to the individual native American. Over the years, the native American individual passed away and the BIA has recorded a couple of documents titled: "Order Determining Heirs".
Long story short, the land is now considered Indian Lands held in Trust by the tribe and the BIA. However there was never any document recorded in the county (at least not yet discovered) of which the native American individual or his heirs transferred the right to hold the land in trust to the BIA.
Although federal indian allotments occur at the federal level, since these lands were held in private ownership am I correct in thinking that the chain of title needs to include a grant to the federal government to put the land in trust? If so, wouldn't such a grant need to be recorded at the county to make the chain complete?
Thanks in advance.
I don't know.
Maybe check out an Indian Law Treatise such as Cohens at the Law Library?
http://www.lexisnexis.com/store/catalog/booktemplate/productdetail.jsp?prodId=57318
clearcut, post: 362835, member: 297 wrote: Picture this, private lands held by private party. Land is sold from private party to an individual who is a native American and deed representing such (sale to individual) is recorded in county. No rights in deed are granted to federal government, only to the individual native American. Over the years, the native American individual passed away and the BIA has recorded a couple of documents titled: "Order Determining Heirs".
Long story short, the land is now considered Indian Lands held in Trust by the tribe and the BIA. However there was never any document recorded in the county (at least not yet discovered) of which the native American individual or his heirs transferred the right to hold the land in trust to the BIA.
Although federal indian allotments occur at the federal level, since these lands were held in private ownership am I correct in thinking that the chain of title needs to include a grant to the federal government to put the land in trust? If so, wouldn't such a grant need to be recorded at the county to make the chain complete?
Thanks in advance.
Native Americans can apply to the BIA to convert land they own into trust land. No grant to the federal government is required, and normally nothing is recorded at the county or state level. If you need proof that it was converted contact BIA. The county assessors office probably have something documenting this too, because once it is in trust they cant tax it anymore.
I have seen this before, just went through it for a road access, old ownership was converted to tribal lands, the feds don't really have all that much to say about these lands,,,,,,,,,,,at least from what I've seen
I am by no means any sort of expert on the subject, but there are scads of properties in Oklahoma that were originally patented to the public and then eventually, for whatever reason dedicated to the United States of America to be held in trust. And technically, at least around here, title IS held by the United States in the case of trust land. I don't think the federal government really pays too much attention to recording at the county level so it would not surprise me you found no conveyances. I guess we're just lucky in that respect down here.
But in Oklahoma tribal paperwork and recordation can be dealt with differently. The Civilized Tribes kept their records in Muskogee for years, up until the 1930's. Then the local counties got a hold of it and recorded it. It makes a chronological search a nightmare.
I would suggest you get a hold of these folks:
United States Department of the Interior
Bureau of Indian Affairs Office of Trust Services
Division of Land Titles and Records
"The Division of Land Titles and Records (DLTR), and its eleven Land Titles and Records Offices (LTRO), are the official Federal offices-of-record for all
documents affecting title to Indian lands, and for the determination, maintenance, and certified reporting of land title ownership and encumbrance on Indian trust and restricted lands. All title documents affecting Indian land are to be recorded in the Indian Land Record of Title. The DLTR-LTRO is the office responsible for maintaining the Indian Land Record of Title and for examining and determining the completeness and accuracy of the records, certifying the findings of examination and reporting the status of title to Indian trust and restricted lands."
The pdf attached is such land; once patented to the public and then purchased by the tribe and placed back into trust.