How to File Land Patents
Land patents are grant deeds from the federal or state government to a private group or individual for a specified piece of property that was originally owned by the government. These grants can date to the late 1700s and show original ownership for a specific parcel. Landowners can file the original land patent with the warranty deed to show an undisputed legal description of the property. Original grants state that the property is held forever by the grantee or his assignees. As properties change hands, each new owner is an assignor, making it possible to file the original patent along with the current warranty deed.
- Difficulty:
- Moderately Challenging
Instructions
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Contact the appropriate Bureau of Land Management (BLM) office. BLM maintains land records from the earliest patents. Land record office addresses are available online. Search the archives for the specific properties. Many state patents are available online or in the specified BLM offices. Realty specialists in the BLM offices can assist in finding the original land patent.
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Obtain a certified copy of the original patent that describes the specific parcel of interest. Check the county courthouse to see if the original patent was filed. Most were and it is simple to obtain a copy of this filed patent as well.
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Buy a warranty deed form from a stationary store or online. Fill in the form granting the property from you to you and write the legal description to match that of the original land patent. If it is in a metes and bounds format (footage description using landmarks), rewrite the legal description in the same form. If it is in aliquot parts (using section, township and range), rewrite the legal description in the same form. Reference the original patent number from the BLM records and reference with the book and page of the document filed at the county court if possible.
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Provide the original patent as an exhibit to the warranty deed to be filed. Provide the filed county patent as another exhibit to the warranty deed to be filed. Have the new warranty deed with the necessary exhibits notarized by a licensed notary.
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File the new document at the county courthouse. By listing the original patent on the new warranty deed, the legal boundaries are indisputable. Documents are not required to be filed, but most are, becoming part of the offical record.
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Tips & Warnings
Taxes still must be paid and eminent domain laws still apply when the patent is filed, contrary to much Internet chatter to the contrary.
By adding the patent to the filed deed, it is possible that this will color the title and make securing title insurance more difficult.
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Comments
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This article states "contrary to much Internet chatter to the contrary." First of all that just sounds dumb. Secondly, your website is not a government site and should not make statements as if they provide any better information than any other "chatter on the net". Do you get what I'm saying? You should provide people with links to Gov't sites with the correct info so they can see it for themselves not just because "ehow" says so. You are no better than anyone else.
