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Joseph Leon
Joseph Leon, Real Estate Lawyer
Category: Real Estate Law
Satisfied Customers: 438
Experience:  General practitioner, including real estate law; 15 years experience; licensed in 4 states.
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how to obtain an allodial property title in Texas

Customer Question

how to obtain an allodial property title in Texas
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Joseph Leon replied 5 years ago.
Allodial title is not a term frequently used in the US.

Two states, Nevada and Texas, created limited allodial title provisions in order to protect property owners from the burden of highly increased property taxes which often occur when unincorporated land becomes part of a town or city.

So unless you are in a situation where your unincorporated land became part of a town or city, those provisions would not apply.
Joseph Leon, Real Estate Lawyer
Category: Real Estate Law
Satisfied Customers: 438
Experience: General practitioner, including real estate law; 15 years experience; licensed in 4 states.
Joseph Leon and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.

This information is the same as I found surfing the web. I fact it is direct quotes from

many web sights. As it states two states Nevada and Texas have limited allodial

title provisions. Now the question is stilled being asked? How do I get an allodial property title in Texas and what is the pros and cons. Thank you Adrian Jez

Expert:  Joseph Leon replied 5 years ago.
Do you fall under the one exception I noted? For what purpose are you seeking alloidial title?
Customer: replied 5 years ago.

I have a couple of pieces of property. 3 in the city limits and 1 outside of the city limits.

As far as I know the land is not incorporated by me. Allodial title is a concept in some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any encumbrances, including liens, mortgages and tax obligations. Allodial title is inalienable, in that it cannot be taken by any operation of law for any reason whatsoever.

Expert:  Joseph Leon replied 5 years ago.
Yes, but in our system, that is typically called fee simple title, which in layman's terms means full ownership. When the term alloidial is used under texas law, it means the property was outside city limits, but was recently placed within city limits.

If you have liens or other encumbrances on the property, then you have to pay them off. There is no way to get alloidial title against a mortgage, for instance.
Customer: replied 5 years ago.

All property is owned free and clear. No debt, no back taxes.

Expert:  Joseph Leon replied 5 years ago.
So you have fee simple title. What more do you want? Are you trying to get a pass on paying taxes? Even after you accept, I will continue to answer your questions.
Customer: replied 5 years ago.

well taxes would be a nice relief. Not having my property commadered or taken by anybody. Not being emenate domane possible would be great. But you still have not answer the basic question. How do I get an allocial title?

 

Expert:  Joseph Leon replied 5 years ago.
You can't. You are subject to eminent domain, taxes, etc. But you have free and clear title and are entitled to all the rights that stem from it, such as not taking without just compensation under the Fifth Amendment of the Constitution.
Customer: replied 5 years ago.
If that is true then why did you say on your first response.Two states, Nevada and Texas, created limited allodial title provisions in order to protect property owners from the burden of highly increased property taxes which often occur when unincorporated land becomes part of a town or city. This is Texas where I am.
Expert:  Joseph Leon replied 5 years ago.
Because you do not fall under the specific circumstances enumerated by those statutes, as I asked? Are you even reading my answers? : )

Even after you accept, I will continue to answer your follow up questions.
Customer: replied 5 years ago.
Yes I am reading your answers. But the question still is. The original question still has not be answered. How to obtain an allodial title in Texas. The form or proceedure is what I am trying to find out. To define the specfic circumstanes enumerated by those statutes would be appreciated, and are they meetable.
Expert:  Joseph Leon replied 5 years ago.
I'll get you the statute, if you want to accept and discuss the statute. But like I said, the provisions of that statute probably will not be meetable unless you are in a situation where your unincorporated land recently became part of a town or city.
Customer: replied 5 years ago.
Hello Joseph , well lets get to the basic question. How do I obtain an allodial title in Texas. And yes I meet all the requirements. Thank you
Customer: replied 5 years ago.
Hello Joseph, The question is How do I obtain an allodial title in Texas and yes I meet all requirements. Thank you Adrian Jez
Expert:  Joseph Leon replied 5 years ago.
Hi Adrian,

I got pretty interested and did a lot of research. Surprisingly, I found that it appears to be an internet myth that Texas has a statute granting allodial rights. Seeing no cite for the statute on the free internet, I went on an expensive database to which I subscribe and searched every Texas case or statute that even uses the word allodial. No such case or statute exists, except for one case referring to the original grants of land in Texas being allodial, as opposed to feudal. I found statutes in NV and HI on allodial rights, and certain repealed constitutional provisions in NY, etc. But nothing on Texas granting any allodial rights. I also searched another expensive database that has tons and tons of major legal journals and treatise in it, and I found nothing there stating that Texas has granted allodial rights by statute. Again, I did find that for NV and HI.

So like I said, I think the internet comments are a myth, and if you notice, the mentions on the internet do not cite to any statutory provision. If you find anything further, please contact me. Even after you accept, I will be glad to answer follow up questions.
Expert:  Joseph Leon replied 5 years ago.
Nothing further?
Customer: replied 5 years ago.
Thank you for your time. If you can figure out a way to get an allodial title I would appreciate it. Have a great day.
Expert:  Joseph Leon replied 5 years ago.
There is only one way I know of to get allodial title. You would refuse to pay property taxes, or fail to fulfill some other legal requirement of land ownership. Then, when you are civilly prosecuted by the government and your land is foreclosed upon, you would raise the defense that the Norman Conquerors granted our forefathers with allodial title, and no government regulation can apply.

Do you think it likely that you would win such a defense?

I do not.

But winning is the only way to "get allodial title."

Does that answer your question?
Customer: replied 5 years ago.

Yes I follow what you are saying. It sure would be nice just go to land records office and change the title from Fee Simple to Allodial. Thanks for the imput.

 

Expert:  Joseph Leon replied 5 years ago.
As long as your attorney follows the necessary formalities, there is no reason I can think of that you could not write an amended deed that used the term allodial in it. As we have previously been discussing, we do have an allodial versus a feudal system, so there is no reason the word "allodial" could not be used in a deed. That being said, such a deed would be no legally different, for any purpose, than a normal fee simple deed.

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Joseph Leon
Joseph Leon
Real Estate Lawyer
438 Satisfied Customers
General practitioner, including real estate law; 15 years experience; licensed in 4 states.