How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Real Estate Law question
Type Your Real Estate Law Question Here...
characters left:
Real Estate Lawyers are Online Now

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 Law question
Type Your Real Estate Law Question Here...
characters left:
Real Estate Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21119
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21119
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18367
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8472
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3827
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3291
    DVM, Emergency Veterinarian, BS (Physiology)