Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

how to obtain an allodial property title in Texas

Customer Question
how to obtain an allodial property title in Texas
Submitted: 8 years ago.Category: Real Estate Law
Ask Your Own Real Estate Law Question
Answered in 32 minutes by:
2/17/2009
Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 years ago
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.
Verified
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
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.
Verified
Joseph Leon and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 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

Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 years ago
Do you fall under the one exception I noted? For what purpose are you seeking alloidial title?
Ask Your Own Real Estate Law Question
Customer reply replied 8 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.

Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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.
Ask Your Own Real Estate Law Question
Customer reply replied 8 years ago

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

Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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.
Ask Your Own Real Estate Law Question
Customer reply replied 8 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?

 

Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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.
Ask Your Own Real Estate Law Question
Customer reply replied 8 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.
Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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.
Ask Your Own Real Estate Law Question
Customer reply replied 8 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.
Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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.
Ask Your Own Real Estate Law Question
Customer reply replied 8 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 reply replied 8 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
Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 years ago
Nothing further?
Ask Your Own Real Estate Law Question
Customer reply replied 8 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.
Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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?
Ask Your Own Real Estate Law Question
Customer reply replied 8 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.

 

Real Estate Lawyer: Joseph Leon, Real Estate Lawyer replied 8 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.
Ask Your Own Real Estate Law Question
Ask Joseph Leon Your Own Question
Joseph Leon
Joseph Leon
Joseph Leon, Real Estate Lawyer
Category: Real Estate Law
Satisfied Customers: 438
438 Satisfied Customers
Experience: General practitioner, including real estate law; 15 years experience; licensed in 4 states.

Joseph Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate 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:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
According to RESPA.... can a realtor send a mortgage loan
According to RESPA.... can a realtor send a mortgage loan officer a printed marketing checklist to help them with their marketing efforts as a promotional tool for the realtor? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I have a three acre parcel, with an outstanding mortgage of
I have a three acre parcel, with an outstanding mortgage of about $25K. I want to pay off the mortgage and sell the property for cash to my son, who may develop it in the future. What legal services, … read more
Damien Bosco
Damien Bosco
3,353 satisfied customers
Is it legal for a mortgage lender to require the borrower to
is it legal for a mortgage lender to require the borrower to cancel credit cards as a term of qualification? This in effect forces them to hurt their credit worthiness for the future by unseasoning cr… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,267 satisfied customers
My husband passed in 2014. I was not on the mortgage. the
my husband passed in 2014 . I was not on the mortgage. the bank allowed me to pay the mortgage off after my husbands death, but kept the deed in my husbands name. how do I get the house in my name … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a mortgage with a lender that I am not comfortable
Good morning. My name is***** have a mortgage with a lender that I am not comfortable with. Since 2015 I have been trying to move my mortgage over to an escrow account knowing that I was going to reti… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,267 satisfied customers
My mortgage company is charging me an unknown fee that is
Second opinion] My mortgage company is charging me an unknown fee that is unusual. My loan was transferred about a year ago. My previous mortgage company never use to charge me this type of fee. Is th… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
209 satisfied customers
Second Mortgage with a bank different than the first
Second Mortgage with a bank different than the first mortgage holder . Second Mortgage holder just sent me a letter stating I had 14 days to clear this up, or they would begin foreclosure proceedings.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
In a mortgage on a condo that is jointly owned by where both
Second opinion] In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
In a mortgage on a condo that is jointly owned by where both
In a mortgage on a condo that is jointly owned by where both spouses are cosigners on the mortgage, how can one spouse get their name removed from the mortgage? … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
If the title to the home and mortgage is in both spouses
If the title to the home and mortgage is in both spouses names, but one dies, should the other change the name on both in order to sell or bequeath the home? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If I am not the holder of the Mortgage, but the deed as
If I am not the holder of the Mortgage, but my name is ***** ***** deed as tenants in common. How can I get my name off of the deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Do I need to check with the mortgage company to see if there
Do I need to check with the mortgage company to see if there is a lien on the property for adverse possession or what is the Oklahoma law on adverse possession … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
What is the statute of limitations on the second mortgage in
What is the statute of limitations on the second mortgage in Texas? Trying to obtain a lien release on second cancelled/charged off in 2009. The servicer is no longer in business, account transferred … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
In eminent domain of private residences, isn't the property
in eminent domain of private residences, isn't the property owner excluded from paying Capital gains? … read more
LegalGems
LegalGems
Juris Doctorate
10,632 satisfied customers
Caltrans took mo home of 35 years by eminent domaine in 93.
Caltrans took mo home of 35 years by eminent domaine in 93. I transferred my basis to a new house which is too big for meto handle at 80. Can I transfer my basis into a lesser house without triggering… read more
Michael Bradley
Michael Bradley
JD
1,190 satisfied customers
How do I find if there are encumbrances on a property? The
How do I find if there are encumbrances on a property? The property is located at ******************* Sacramento, Ca Patrick… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am named as a defendant in an eminent domain case against
Hello, I am named as a defendant in an eminent domain case against a landlord by the city in Texas. I used to be a tenant in this building but my lease expired more than a year ago and I have since mo… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,121 satisfied customers
I understand that the gov't can declare eminent domain to
I understand that the gov't can declare eminent domain to obtain land (private or otherwise) for public use, but can co-ops such as utilities declare eminent domain to obtain private land for developm… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,267 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x