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I live in R. I. and would like to get land-patent for my…

Customer Question
I live in R...

I live in R. I. and would like to get land-patent for my house and yard. Can you help me and on what terms?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

R. I. stands for Rhode Island.

Lawyer's Assistant: Has any paperwork been filed?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing off hand.

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
9/12/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,776
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

Do you have proof you received the land directly (through inheritance or otherwise) from the Native Americans? Are you trying to do this to try to avoid taxation, as the RI courts have actually ruled on that issue as well?

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Customer reply replied 11 months ago
I inherited from my parents. As far as my intentions go, what need do you have to know?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

Thank you for your reply.

Because RI does not generally recognize land patents unless you can prove direct acquisition through the Native American tribes in the state prior to colonization. Also, because the RI Supreme Court held that allegations of freehold title and land patents do not exempt the property from taxation, which is why I was asking you. There is a ton of information out there online claiming you can exempt a property from taxes or avoid foreclosure through freehold or land patents, but RI does not provide for that and that is the "need I have to know." RI recognizes few land patents all of which go back to the Native American tribes, such as Acquidneck Island for example.

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Customer reply replied 11 months ago
In http://teamlaw.net/land.htm I read quotes from other cases supportive of land-patent; therefore, I am interested in getting one. I asked how I can get one, not for your comments on the merits of a patent. If you can help me get one, please make a proposal, if you can't, then please be so kind as to report that you can't.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

Not in RI you have not. None of those cases have anything to do with RI and as a RI attorney I can only tell you about the RI law as that is where the property is located. So what you are trying to do cannot be done in RI, so on that basis I guess we cannot inform you about a land patent in a state where they do not recognize them. Additionally, anyone who tells you that you can file and enforce such a patent in RI is legally incorrect.

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Customer reply replied 11 months ago
Does lack of recognition prevent land-patent from being available?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

Yes I am afraid it does. There are tons of sovereign citizen websites that cite ancient case law, no recent case law or they cite obscure case law from other states, but that does not mean it is valid in every state and RI is one of those states. Since RI does not recognize them, that means you cannot use them in RI and they are not available in RI. If you did one, it would have no legal recognition under the laws in RI.

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Customer reply replied 11 months ago
What about the Federal Bureau of Land Management?
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

Thank you for your reply.

They do not manage state lands, so if the land is located in the state of RI and it is not designated federal lands, the BLM has no jurisdiction.

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Customer reply replied 11 months ago
https://glorecords.blm.gov/search/default.aspx suggests that it is possible to get land-patent in R. I. from B. L. M.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 11 months ago

On FEDERAL LAND, yes. You are not on federal land so you cannot get anything from BLM. Under the US Constitution, the states have rights over the land within their boundaries other than land reserved by the federal government unto itself.

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