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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.

Does Missouri allow for allodial titles under limited or specific conditions?

No, 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 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.

In the state of New York, if one holds a color of title, is it possible to get a fee simple title to land?

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.

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