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I am considering purchasing a farm, but I want to purchase…

I am considering purchasing...

I am considering purchasing a farm, but I want to purchase it with an allodial title. How can I do this and what are the ramifications of doing so?

Lawyer's Assistant: Where is the property located?

In Kentucky

Lawyer's Assistant: Has any paperwork been filed?

No, not yet

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

I just do not want the government interfering with my rights to the land, water, air and also to avoid issues with growing my own food, harvesting the water that rains on the property or the ground water, etc. The government is becoming tyrranical

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3/8/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,345
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. I will be the professional that will be assisting you. Give me one moment to provide the law on Allodial title.

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Allodial Title is also known as a land patent and this is the process to acquire the patent.

This was common at one point in time, however now only certain states have an allodial title system.

"Obtain a warranty deed, quit claim deed, documented assignment or documented inheritance for your property. You must be able to establish a complete chain of title leading up to you as the current owner of the property. You will need certified copies of your proof documents from the county clerk's office in the county where your property is located.

Put the Land Description of Your Property in Land Patent Format

The country clerk's written description of your land may be in any of a variety of formats. To obtain allodial title, convert the description into STRf, meaning section, township and range format. This is the best legal description of your property. You may need a real estate attorney to help you with this step.

Acquire a Copy of the Land Patent for Your Land

Take the legal description of your land to the Bureau of Land Management. Ask for the Land Patent Records office. Show them your property description and proof of ownership, and request a certified copy of the land patent." https://www.sapling.com/8696537/method-obtain-allodial-title-property

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Customer reply replied 1 month ago
Does an allodial title prevent the local, county, and US Government from collecting real estate taxes, since in normal purchases, the person has a "title" to the property but the government thinks that they still own it and so charges "rent" in the form of taxation on the property. Is it quite difficult to get the allodial title and would I have a great deal of opposition to doing so?
Does Allodial title replace the fee simple absolute with release of dower title?

Allodial title is a land patent. Contrary to information you may be hearing or reading it does not exempt the owner from property taxes. There is no allodial title in Kentucky.

If there was allodial title it is free and clear of any liens. You would want to contact the Bureau of Land Management to ask them how to obtain a land patent in the states that recognize this form of title.

Let me provide some more information for you, as I know this can be very confusing.

"Allodial title is a real property ownership system where the real property is owed free and clear of any superior landlord. In this case, the owner will have an absolute title over his or her property. Property owned under allodial title is referred as allodial land. Allodial lands are the absolute property of their owner, and are not subject to any service or acknowledgment to a superior. In allodial lands there will not be any control by a superior landlord.

An individual’s allodial title is alienable in nature. Alienation can be done in the form of gift, mortgage or it may be distressed and restrained for collection of taxes. The allodial nature of a property will be lost when the property is transferred to more than one person. Therefore, to retain the allodial title s/he can transfer his or her property to another single individual.

For example, when an owner of a property dies leaving ownership to more than one heir, the allodial status of the property is lost.

The following is an example of a case defining allodial title:

Allodial title is defined as one that is free. [Stewart v. Chicago Title Ins. Co., 151 Ill. App. 3d 888 (Ill. App. Ct. 1987)]"

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,345
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Olivia Kent
Olivia Kent, Managing Partner
Category: Real Estate Law
Satisfied Customers: 5,962
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"What is an Allodial Title?

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.

Does the concept of allodial title apply in the United States?

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 these rights until 2005...

How can one get an allodial land title?

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.

If a landowner has a patent on their land can the local or state government take the land under eminent domain to build a road?

Under eminent domain, you cannot stop a sovereign from taking over your land." https://www.justanswer.com/topics-allodial-title/

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Customer reply replied 1 month ago
I have a lot more questions. Is someone going to call me?

Yes. Your call was picked up and you should be contacted shortly. If there are any issues please contact Customer Service:

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Customer reply replied 1 month ago
I have been waiting an hour and a half for the attorney to call me

I am sorry to hear that no one has called. Customer Service handles these matters at the online Attorneys have no access to customer account information. Please contact the number I provided above and I will also let the site know. if there are additional questions that I can answer in this format it would be my pleasure.

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Customer reply replied 1 month ago
I still have not been called
Customer reply replied 1 month ago
even though I called the help line
Customer reply replied 1 month ago
The person on the help line said she would encourage the attorney who is slated to call me to do so, but now, an hour later....NOTHING

I apologize. I am happy to answer your questions in this format. I am not an Attorney that engages in telephone calls.

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Customer reply replied 1 month ago
I paid the initial $5, then I paid another $59 so that the attorney would call me and answer my questions. I did this because the site encouraged me to do so. So I fell for the bait, paid the additional amount and now, no call.
Customer reply replied 1 month ago
half the day has passed and maybe no one actually wants to answer these questions

You will be refunded for a call you did not receive. I provided a great deal of material for you on allodial title and I am happy to answer any additional questions that you may have for me.

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Customer reply replied 1 month ago
OK, I accept the refund, and thank you
Customer reply replied 1 month ago
when will my money be refunded?
Customer reply replied 1 month ago
I did not rate the service yet but it says I rated it 5 stars

I closed the question to request your refund for the telephone call that you did not receive.

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