I'm sure you guys see this stuff all the time, but I thought this was cool.?ÿ Helping a friend locate his boundary for a novelle, low income housing project on overgrown, rural and for decades untouched 50 acre lot, it's gone from online county records to a visit to the state archives to snap photos of the original patent.
Nice.?ÿ
Very cool!!
Is that land still "there" it's looks like it might be in one of the high danger volcano zones.
One of my recent quiz questions.
A patent is the equivalent of:
a. Warranty deed
b. Special warranty deed
c. Contract
d. Quit-claim deed
A patent is the equivalent of...
What is a Land Patent? at first glance, seems to have decent information.
I would say the answer to your question is C. Contract (if you don't know, always pick C)
But Erika says:
1. WHAT IS A LAND PATENT?
A land patent, also called a letters patent, is a legal document issued by the federal government that grants an individual the?ÿtitle?ÿto land that is held by a government.
When a patent is obtained, it can be treated as any deed is treated.
So if she's right, then the answer would be A, B, and D.
?ÿ
So, I could be wrong.
?ÿ
The Secretary of the Interior shall issue quitclaim deeds to the public-land States for all lands patented to such States under?ÿsection 641 of this title. He shall also issue a patent for all unpatented public lands within each State now segregated under that section for which the State issued final certificates or other evidence of right prior to?ÿJune 1, 1953, or as to which equitable claims to the lands accrued prior to that date (by reason of cultivation or improvement of the lands for agricultural development purposes) for conveyance to the holders of such rights or claims, or to their heirs, successors, or assigns.
The Secretary of the Interior shall issue quitclaim deeds to the public-land States for all lands patented to such States under?ÿsection 641 of this title. He shall also issue a patent for all unpatented public lands within each State now segregated under that section for which the State issued final certificates or other evidence of right prior to?ÿJune 1, 1953, or as to which equitable claims to the lands accrued prior to that date (by reason of cultivation or improvement of the lands for agricultural development purposes) for conveyance to the holders of such rights or claims, or to their heirs, successors, or assigns.
(Aug. 13, 1954, ch. 727, ????1,?ÿ68 Stat. 703.)?ÿThe issuance of a patent, then, would appear to be a quit claim deed as the Government is not going to be liable for ANYTHING.?ÿ There are no warranties extended, as best I can tell.
d. is the correct test answer. I hadn't thought about it before, but it makes sense.?ÿ
?ÿ
@holy-cow you are right, but be carefully for how you justify it. The description of the patents in this act only apply to patents issued under this particular authority.
In Oregon - at least- pre statehood land grants go to the low water mark. At statehood, the state took title to all navigable waters up to the high water mark. Federal patents after statehood therefore go to the high water mark.?ÿ
Seeing as there are quite a lot of navigable waterways in our fair state, including one running right through the center of our three largest urban areas, that is kind of a big deal.?ÿ?ÿ
Very cool!!
Is that land still "there" it's looks like it might be in one of the high danger volcano zones.
One of my recent quiz questions.
A patent is the equivalent of:
a. Warranty deed
b. Special warranty deed
c. Contract
d. Quit-claim deed
Without any verbiage specifically stating otherwise, I believe it's allodial, or absolute, title - title held without any encumbering superior ownership (without a monarch requiring continual dues).?ÿ I would pick "a."
?ÿ
patents in this act only apply to patents issued under this particular authority.
Any other Authority will be different
A patent is the equivalent of:
a. Warranty deed
b. Special warranty deed
c. Contract
d. Quit-claim deed
d. Quit-claim deed.?ÿ The government does not issue any form of warranty or special warranty to back up the conveyance.?ÿ "If" the government owns it, then it's conveyed.?ÿ "If not," then you'll have to defend your own title.
One wrench into some of the Land Patent / Grant discussion is that Hawaii was annexed (illegally) by the US in 1898 and then made a territory in 1900.?ÿ In that process the Hawaiian kingdom ceded all crown and govt lands to the US, where soon after the US returned all that land to what they called the Hawaiian government (since there was no longer a crown).?ÿ A "Land Patent" in Hawaii, seen only between 1900 and 1959, is land patented by the Hawaiian govt which already had decades of land and conveyance law in place based on a Torrens system rather than the common English system we all know and love.?ÿ So, I don't know what or to what extent, but it's likely this type of patent didn't follow our known system entirely and my understanding is that it was always granted similar to absolute title.?ÿ The only two conveyances between this original and the current ownership have a deed legal description as "All of that certain parcel of land situate at Olaa, District of Puna, County and State of Hawaii, known as and described in Grant 5531 to Mimi..." No metes or bounds.
