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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102162
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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How do I obtain an allodial title for my property?

Customer Question

How do I obtain an allodial title for my property?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Ely replied 5 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

This depends. Can you please tell me more about the background facts of the matter?
Customer: replied 5 years ago.
I have researched allodial titles and believe I may qualify. I own my property, it's 100% paid for, my taxes are current, and I'd like to know if I can obtain an allodial title for my property. I'm also very interested in know if there are currently any allodial titles in Texas, and if so, how can we use them to obtain an allodial title for my property?
Expert:  Ely replied 5 years ago.

Allodial title is a concept, and not law. It can mean different things. Conceptually, it means holding a title free and clear. If you hold a title 100%, then you have "allodial" title. Tex. Prop. Code does not recognize this concept in any legal way, so it depends on what you mean.

Therefore, I need to know: What are you trying to achieve here? Please tell me what you believe allodial means, and what you are trying to do here?
Customer: replied 5 years ago.

If found that in Texas and Minnesota that Allodial Titles were granted to individuals who completely owned their property, were free of taxes and tax liens, and were willing to pay a "fee" to the state that averaged between 6 and 8 times their annual taxes.

It is also my understanding that allodial titles were granted in the past, and I can't find anything that says they can't be granted today, it's just that no one knows about them, have never worked with them, and usually respond by telling you it can't be done, but can't tell you why it can't be done?

I believe that allodial titles were law, and may still be law, its just that if you can never truely own your property, then the government always has a way to take it away from you.

My end goal is to own my property, really own it.

Expert:  Ely replied 5 years ago.

My apologies for the wait. No, this is not true. If allodial titles were granted before in Texas, they are not anymore. There is no such thing as an allodial title in Texas. If you owe it outright, then you have it in essence, but there is no way to guard against Eminent Domain, which is when the state takes the land for development, I am afraid. But that is the only way that the state would be able to take said land away from you.

So you do own it - really own it - already. At least, as much as possible under Texas law, since there is no allodial title in Texas.

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Customer: replied 5 years ago.

You and I both know that if your property can be taken away for taxes, then you don't own it, you're only renting it from the State.

As I understand your answer, there are no allodial titles in the State of Texas. If I find this to be incorrect I'll let you know.



Expert:  Ely replied 5 years ago.

Texas does have 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. Does your property fall into this - is it on an unincorporated part of the state?
Customer: replied 5 years ago.

I own two pieces of property:

A Home inside the City Limits of San Antonio - This is already incorporated

And I'm building a vineyard in Stacy Texas, which is where I will build my retirement home, this property is an hour east of San Angelo, not incorporated.

Can I file for an allodial title for my vineyard?

Expert:  Ely replied 5 years ago.

Technically, yes - for the unincorporated land's property. This is something that is rarely done in Texas, and as you can see, it does not have the same meaning in Texas as you thought. It simply protects property owners from the burden of highly increased property taxes which often occur when unincorporated land becomes part of a town or city.

How this is done is vague - I do not believe there is a certain way to do so via the Tex. Prop. Code. You will need a local attorney to file a special relief either judicially or administratively. I am sorry for such a vague answer...

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