A property deed in the United States is misunderstood by homeowners to the detriment of their rights. The financial consequences can be severe.
In the United States today, people think they own the land their house is built on, but this may not be the case. Unless they have the “Land Patent” on the land they in fact don’t own it. A “Land Patent” is the only form of perfect title available in the United States. On the other hand, a “Warranty Deed” is simply a “Colour of Title”, meaning that which is an appearance of title, but not title in fact or in law.
When an American receives a “Land Patent”, it is assigned by and under the hand and seal of the President of the United States in accord with an Act of Congress.
Most Americans invest in “Real Estate” by contract and once they fulfill the terms of the contract control over that land is transferred by “Warranty Deed”. An important difference between the two is that land cannot be taken for debt or taxes, but Real Estate can be.
“Land” extends below and above the earth’s surface. It is not confined to solids, but may encompass within its bounds, such things as gasses and liquids. An owner of “Land” may remove part or all of that physical matter it contains, by digging it up and carrying away the soil. But, the space that remains is still considered part of the “Land”. By this description, “Land” is simply an area of three dimensional space and all its contents, with its position defined by natural or imaginary points located by reference to the earth’s surface. It is immovable, indestructible and distinct from any moveable chattels.
“Real Estate” is simply a document that lays over the Land in colour of title, even though it is not the Land itself but the right to real property that sits on the Land (such as a house). Non-human entities, such as trusts and corporations cannot obtain “Land Patents” except by an express Act of Congress, such as was the case with railroad grants made to encourage building of the railroad. Therefore corporations such as Banks, like “Real Estate” because they can own it without an Act of Congress. In addition, these entities and others can use the appearance of title to seize property under the colour of law.
In a challenge, the “Warranty Deed” cannot stand against the “Land Patent”. The “Land Patent” is permanent and cannot be changed by the government after its issuance. In the history of the United States no “Land Patent” has ever lost an appellate review in the courts.
Colours of title have been taken into courts for so long that the people through three generations of deception and ignorance have allowed them to go ahead. “Land Patents” have been so forgotten that if you go into a court today with a real “Land Patent” case, chances are the judge and attorneys involved won’t know what about “Land Patents”.
So, if you ever have to defend your right to your land in court and someone else presents a proof of right to the patent on your land, you will lose your land.
What if you don’t have the “Land Patent” for your “Land”? You may be abandoning your right to your land and any prior owner with a lawful right to the “Land Patent” could secure it for themselves. They can then evict you off the land you thought was yours.