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Allodial Title Questions

In property law, allodial title refers to a concept in which buildings, land, fixtures, or other real property is owned free of cost and is also free from financial burdens that include mortgage, tax, and liens. The property becomes the absolute property of the owner and cannot be taken over by any law or authority. However, in the United States, all land is subject to both eminent domain and the imposition of taxes, which supersedes any allodial title provisions.

Listed below are a few questions answered by lawyers on allodial title related issues.

Does the concept of allodial title apply in Texas?

Allodial title is not a frequently used term in the United States. The state of Nevada created a limited allodial title provisions to protect property owners from very high property taxes, which often occur when unincorporated land becomes part of a town or city. However, Nevada only permitted applications for allodial rights until 2005, and based on research, it appears the statute that allows Texas to grant allodial rights is an internet myth.

What is an allodial title and is it legal in South Carolina?

Allodial title is a concept in which a landowner’s right to his/her property is considered superior to all interests, including the government.

There is no allodial title in the United States. The state of Nevada permitted applications until 2005. However, despite this, the federal government failed to recognize the concept and the IRS could still levy a property in Nevada that was given an allodial title.

Does Missouri allow for allodial titles under limited or specific conditions?

No, it doesn’t. Only Nevada had a statutory and/or common law doctrine of allodial title. It is not recognized as a legal concept in Missouri. However, it may be possible for you to achieve the same result via a recognized mechanism if all parties agree to this.

How can I get an allodial land title?

A provision for limited allodial titles was created in the state of Nevada to protect property owners from the burden of very high property taxes, which often occur when unincorporated land becomes part of a town or city. The concept of allodial title is what many jurisdictions refer to as "fee simple" ownership.

To get fee simple ownership of a piece of property, the property deed would have to be in your name and all the tax liens and other liens (encumbrances) would need to be taken care of.

I have a patent on my land and want to know if the local or state government can take the land under eminent domain to build a road?

Under eminent domain, you can’t stop a sovereign from taking over your land, except by using physical force like creating a war.

Nevada used to have an allodial title program in the past, but even if that were a choice available to you, it wouldn’t prevent the federal government from taking your property.

In the state of New York, is it possible to get a fee simple title to land? I currently hold color of title.

Since you possess color of title but want to contest ownership, you can typically file a petition to quiet title in the local court asking for fee simple ownership in the property.

The concept of allodial title is a concept that is not prevalent across the country. Jurisdictions may use the concept of allodial title when talking about the concept of “fee simple ownership”.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
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Experience:  17 years of legal experience including real estate law.
4460311
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