John Joseph, Randy Lee, and Richard Anthony
For those that have never been able to possess a piece of land due to the restraints of the natural man's commercial world order, and have been led thereby to believe that the Lord does not provide for His children at all times, we offer the following revelations to those children who are in the world but not of it, and therefore will not be seeking to make merchandise of our loving Father's Creation and Providence.
The alternative to purchasing a "title" or "deed" to land and paying a yearly rent to Caesar (taxes) because of the commercial status thereof, is to "stand upon the land." The more specific phrase to use is "standing upon land that's sitting in waste," and your purpose is to be a caretaker of it and to cultivate it, as mandated in Holy Scripture. If you are moved by the Holy Spirit to proceed in this manner, it is extremely important that you make it clear to others that you are not standing upon the land to acquire title, deed, or ownership to it—for the land belongs to God, and He commanded that it not be sold forever:
Leviticus 25:23, "The land shall not be sold for ever: for the land is mine; for ye are strangers and sojourners with me."
Leviticus 25:34, "But the field of the suburbs of their cities may not be sold; for it is their perpetual possession."
Psalms 24:1, "The earth is the LORD'S, and the fulness thereof; the world, and they that dwell therein."
1 Corinthians 10:26,28 "For the earth is the Lord's, and the fulness thereof."
In order to find a piece of land upon which you can stand, the first step is to go to the County Tax Assessor's Office or Recorder of Deeds, i.e., where land records are kept within each county (sometimes located at the courthouse). Therein, locate the alphabetical list of land owners. Do a search for "Unknown owner," "Unclaimed land," or other similar words. This will list pieces of land that have never been registered with the county, i.e., they have never entered commerce. Each piece of land will have a corresponding ten digit "Assessor's ID Number." Use this Assessor ID Number to get the section number of the Plat Map that this land is located on. The section number will look similar to the following— "POR. SEC.14 T.4.N. R.17W." Once you look at this Plat Map (also called a "Licensed Surveyor's Map," or a "Parcel Map"), then you will know the location of this land within the county. There will be names of roads and possibly an address, etc.
Once you find the location of the parcels of unclaimed land, the next step is to physically go to each location and see if it is being used. If there are any signs of it being currently possessed (enclosures, structures, or cultivation), you cannot stand on that land. If, however, this land appears to have never been used, or it appears that it was once used (by having old enclosures and structures on it) but is now abandoned, you may proceed to Stand upon the Land.
Maxims of Law dealing with Possession and Land
- What belongs to no one, naturally belong to the first occupant.
- Possession is a good title, where no better title appears.
- Long possession produces the right of possession, and takes away from the true owner his action.
- Possessor has right against all men but him who has the very right.
- When a man has the possession as well as the right of property, he is said to have jus duplicatum - a double right, forming a complete title.
- A person in possession is not bound to prove that the possessions belong to him.
- Rights of dominion are transferred without title or delivery, by prescription, to wit, long and quiet possession.
- Enjoy your own property in such a manner as not to injure that of another person.
- He who owns the soil, owns up to the sky.
- The owner of a piece of land owns everything above and below it to an indefinite extent.
- Of whom is the land, of him is it also to the sky and to the deepest depths; he who owns the land owns all above and all below the surface.
- Every man's house is his castle.
- A citizen cannot be taken by force from his house to be conducted before a judge or to prison.
- The habitation of each one is an inviolable asylum for him.
- Whatever is affixed to the soil belongs to it.
- With the land goes whatever is on the land planted.
- What is built upon the land, goes with the land: a building follows the ownership of the land.
- Rivers and ports are public, therefore the right of fishing there is common to all.
- Land comprehends any ground soil, or earth whatsoever; as meadows, pastures, woods, moors, waters, and marshes.
Pedis possessio: Possession of the foot: an actual foothold; actual possession of land.
Since standing upon land is a natural symbol of possessing it, the phrase has come to mean actual possession of any particular piece of land, as evidenced by occupation, inclosure, etc. Pedis positio: Placing of the foot; a foothold. A Dictionary of Law, by William C. Anderson (1893), page 789.
Potior est conditio possidentis: The stronger is the condition of the party in possession. A Dictionary of Law, by William C. Anderson (1893), page 790.
Possessor: He who holds, detains, or enjoys a thing as his own.
A bona fide possessor of land is one who not only supposes himself to be the true proprietor, but who is ignorant that his title is contested by another person claiming a better right to the land. 2 Bl. Com. 198, 190.
Court Decisions and Definitions
Actual possession: Exists when a thing is in ones immediate occupancy. Constructive possession: Possession in contemplation of the law. Brown v. volkening, 64 N.Y. 80 (1876), Allen J.; Lillianskyoldt v. Goss, 2 Utah, 297 (1878).
Actual possession, which means a subjection to the will and dominion of the claimant, is usually evidenced by occupation, by a substantial enclosure, by cultivation, or by appropriate use, according to the particular locality and quality of the property. Coryell v. Cain, 16 Cal. 573 (1860), Field, C.J. See also 71 Ala.265; 1 Cal.263; 16 id. 109; 4 Nev. 68; 59 N.Y. 136.
Constructive possession, where there is no actual possession, is in him who has the legal and rightful title. Norris's Appeal, 64 Pa. 282 (1870).
Naked possession: Actual occupation of an estate, without apparent right, or shadow or pretense of right, to hold or continue such possession. Called also bare possession. Gillett v. Gaffney, 3 Col. 360 (1877).
Thus, where one man invades the possession of another, and by force or surprise turns him out of his occupation, till some act be done by the rightful owner to divest this possession is prima facie evidence of a legal title, which, by length of time, may ripen into an indefeasible title. A man out of possession has remaining the right of possession, which is an apparent right of possession, defensible by proof of a better right, and an actual right of possession, which will stand the test against all opponents. 2 Bl. Com. 195-96; 8 id. 177, 179.
To establish your dominion through possession, you will need to avoid using all the terms hereafter. For example, "Adverse Possession" is a statutory term, just as "squatter" is a statutory term. Do not use these terms or answer to them:
Owner or Ownership.
Settler or settle.
Squatter or Squatters Rights.
Adverse Possession or Preemption.
Custody or Custodian.
Estate, Realty or Real Estate
These are not the same as "standing upon the land." The "rights of squatters" are greater than those who hold a legal title, but "standing upon land" is greater than the rights of squatters and adverse possessions. Adverse possession (or pre-emption) is a method of gaining legal title to land by openly occupying the land continuously for a number of years (as set by State law) while claiming "ownership" of the land. "Standing upon the land" has nothing to do with a legal title to and personal ownership of an "estate" or "realty," which are commercial in nature.
Adverse possession: Possession of realty avowedly opposed to some claim of title in another. A Dictionary of Law, by William C. Anderson (1893), page 790.
A possession not under the legal proprietor [owner], but entered into without his consent, directly or indirectly given; a possession by which he is disseised [unlawful dispossession from real property] and ousted. French v. Pierce, 8 Conn. 442-46 (1831), Hosmer, Chief Justice.
An adverse and hostile possession is one held for the possessor, as distinguished from one held in subordination to the right of another; a possession inconsistent with the possession or right of possession by another. Such is an exclusive possession of one who is not in privity with the true owner. "Visible" and "notorious" are terms employed to denote that the possession must be more than secret, and unknown to the disseised owner. Since acquiescence implies knowledge, a possession that he permits must be "notorious" or known to him. Sheaffer v. Eakman, 56 Pa. 153 (1867), Strong J.; Ewing v. Burnet, 11 Pet. 53 (1837).
If under claim of right, and uninterrupted, open, visible, and notorious for twenty years, such possession is evidence of title in the possessor, and a good defense in ejectment. Hogan v. Kurtz, 94 U.S. 776 (1876), cases.
Independently of positive statute law, such a possession affords a presumption that all the claimants to the land acquiesce in the claim of the possessor, or that they forbear for some substantial reason to controvert his claim or to disturb him in his quiet enjoyment. Secret possession will not do, as publicity and notoriety are necessary as evidence of notice and to put adverse claimants upon inquiry. Mere occupation is not sufficient, but adverse and continuous possession is. Armstrong v. Morrill, 14 Wall. 145-46 (1871), cases, Clifford J.; Hughes v. United States, 4 id. 232 (1866).
The weight of authority is that, where one has had the peaceable, undisturbed, open possession of real or personal property, with an assertion of his ownership, for the period which, under the law, would bar an action for its recovery by the real owner, the former has acquired a good title - a title superior to that of the latter, whose neglect to avail himself of his legal rights has lost him his title. Campell v. Holy, 115 U.S. 623 (1885), cases, Miller, J.; Gilbert v. Decker, 53 Conn. 401-5 (1865), cases; Hollingsworth v. Sherman, 81 Va. 671, 674 (1886), cases.
Adverse possession of vacant lands, under color of title, includes as much as is within the boundaries of the title, and to that extent the true owner is disseised. But if the latter be in actual possession of any part, his constructive seizure extends to not all in fact occupied by the intruder. The reason is, the intruder's acts give notice only to the extent of actual occupancy. Hunnicutt v. Peyton, 102 U.S. 368-69 (1880), cases, Strong, J.
Prescription: Title by prescription is a right which a possessor of land acquires by reason of his diverse possession during a period of time fixed by law, and where it does not originate in fraud, and is under a claim of right. What the primary owner has lost by his laches the other party has gained by continued possession, without question of his right. This is the foundation of the doctrine, which, in the English law, is mainly applied to incorporeal hereditaments, but which in the Roman law, and the codes founded on it, is applied to property of all kinds. A Dictionary of Law, William C. Anderson (1893), page 804.
Settler: Within the meaning of pre-emption laws, one who actually resides upon the land in question. A Dictionary of Law, William C. Anderson (1893), page 944.
Pre-emptor: He who holds such prior right of purchase. One who by settlement on the public land or by cultivating a portion of it has obtained the right to purchase a portion of such land, to the exclusion of all other persons. A Dictionary of Law, William C. Anderson (1893), page 800.
Squatter's right: The "right" to ownership of land merely because you have occupied it for a long time. This is different than adverse possession and is not recognized as a right in most places. Oran's Dictionary of the Law.
Squatter: A person who settles or locates on land without obtaining legal title. n.
1. a person or thing that squats.
2. a person who occupies property without permission, lease, or payment of rent.
3. a person who settles on land under government regulation, in order to acquire title.
A Dictionary of Law, William C. Anderson (1893), page 963.
1. One who squats; specifically, one who settles unlawfully upon land without a title. In the United States and Australia the term is sometimes applied also to a person who settles lawfully upon government land under permission and restrictions, before acquiring title. In such a tract, squatters and trespassers were tolerated to an extent now unknown. Macaulay.
2. (Zoöl.) See Squat snipe, under Squat. Squatter sovereignty, the right claimed by the squatters, or actual residents, of a Territory of the United States to make their own laws. [Local, U.S.] Bartlett. Webster Dictionary (1913), Page: 1397.
1. To sit down upon the hams or heels; as, the savages squatted near the fire.
2. To sit close to the ground; to cower; to stoop, or lie close, to escape observation, as a partridge or rabbit.
3. To settle on another's land without title; also, to settle on common or public lands.
Webster Dictionary (1913), Page: 1397.
Support: The right in an owner to rely upon the support afforded his land by the ground adjoining, in its natural state. Spoken of as “lateral,” when the support is thought of as contiguous or adjacent, rather than as subjacent.
The right to support for land in its natural condition is ex jure naturae, not dependent on grant and not acquirable by prescription. The right to support for artificial burdens is an easement acquirable only by grant, express or implied.
Subject to any express grant, reservation, covenant, or inconsistent right gained by prescription, it is well established that when the surface of land belongs to one person and the subjacent earth and minerals to another, the latter is burdened with a natural servitude to support the former, and also that the owner of land is entitled to the performance of a similar servitude of lateral support by adjacent land; but these easements only extend to the land in its natural and unencumbered state, and not with the additional weight of buildings upon it.
Every land-owner has a right to have his land preserved unbroken. An adjacent owner excavating on his land is subject to the restriction that he must not remove the earth so near his neighbor's land that his soil will crumble under its own weight and fall. But this right to lateral support extends only to soil in its natural condition. It does not protect whatever is placed upon the soil increasing the downward and lateral pressure. If it did, it would be in the power of a lot-owner, by erecting heavy buildings, to greatly abridge the right of his neighbor to use his lot. A Dictionary of Law, William C. Anderson (1893), Pages 994-995.
Title: A person may have a title to property although he is not the absolute owner. If he has the actual or constructive possession, or the right of possession, he has a title. A Dictionary of Law, William C. Anderson (1893), Page 1034.
The Government cannot Tax Land, only Patents to Land
The following evidences that the government can only tax the patent to the land, and not the land itself. This is a message from the Governor of Minnesota, which would introduce a Bill for the incorporation of the town of Marmata. The Private Secretary of His Excellency the Governor appeared and presented a message and accompanying documents from the Governor. On motion, the message was read by the Clerk as follows:
St. Paul, Minn., June 15th, 1858
To the Senate and House of Representatives:
I feel it to be my duty to transmit to you, information relative to the affairs of the State, and to recommend such action as, in my judgment, will be most conducive to the public interests.
Owing to the delay attendant upon the induction into office of the State Officers elect, the assessment of property required to be made under the direction of the Auditor, has not yet been commenced. The rolls have been printed and are ready for distribution to the Register of Deeds of the several counties, but some weeks must elapse before they can be placed in the hands of the township assessors. I therefore suggest for your consideration, that the time for the assessment of property be extended to the 15th of August.
The late decision of the Supreme Court of the United States, by which lands owned by individuals for which the patents have not issued, are declared free from taxation, has not been received here in an official form, but there seems to be little doubt that such a decision has been made. In that case a very great diminuation will be the result in the anticipated revenue of the State for taxes the coming year, as in most of the new, and in some of the older counties, large tracts of land have been entered by pre-emption, but no patents have yet been issued. Therefore, I recommend that a memorial be passed as soon as practical, by you, to the President, asking that patents be issued for all such lands by the General Land Office, with the utmost possible expedition, so that they may be included in the assessments for the coming year.
It will probably be found necessary, likewise, to provide more specifically by statute for separate assessments upon the improvements made on these lands, so that in case the patent cannot be issued at a sufficiently early period to enable the assessors to place the land itself on the rolls of the present year, the burden of taxation may be as nearly equalized throughout the State, as circumstances will permit. The man who holds the duplicate of the Land Office is really as much the owner of his land as his neighbor who has received his patent, and a mere technicality should not shield him from sharing equally with that neighbor, in supporting the government which protects both alike in the possession of their property. In the memorial to the President, he might properly be petitioned to instruct the Commissioner of the General Land Office to cause to be transmitted to the Governor, to be filed in the office of the State Auditor, a list of the patents issued, with a description of the lands therein contained, in this State, at the expiration of each three months. If this could be done, the Auditor would have the means in his power to afford correct information to the assessors in the different counties, which they could not readily obtain in any other manner.
In consequence of the depreciated value of real estate everywhere caused by the financial derangements in the country, together with the exemption from taxation of so much land under the decision of the Supreme Court referred to, it would not be safe to base an estimate upon the taxable property of the State, of more than $35,000,000 or $40,000,000. Should the next regular session of the Legislature not take place before the middle of the year 1859, I trust that by exercise of strict economy, the expenses of the intervening period may be met, even upon that reduced basis of calculation. To effect this, however, it will be necessary for you to pass a stringent law, to compel the collecting officers in the different counties to pay into the State Treasury, within a fixed period in each year, the amount for which such counties are liable, for it is evident that the tax system tolerated under the Territorial Government cannot be permitted to continue with safety to the State. There is already due of unpaid taxes from many of the counties between $25,000 and $30,000, which should also be collected during the current year. It does not appear from the books of the late Auditor and Treasurer, that any money remains in the Treasury, and as the report of the latter officer lately made to you, shows that nearly all of the $250,000 has already been appropriated to meet Territorial and State liabilities, leaving a small amount only wherewith to meet the expenses of your session, and other necessary demands, the appropriations for the support of the State Government, etc., must necessarily be in anticipation of the revenue to be derived from taxation. The Constitution limits the State debt to $250,000 so that no further issue of Scrip or other evidences of indebtedness by the State is allowable.
As the law authorizing the loan of $250,000, imposed upon the Government and Treasurer the duty of negotiating it, upon consultation we deemed it most advantageous to receive bids therefore, in the city of New York, and measures have been taken to advertise for proposals there until the first of July next, in the papers of that and other commercial cities.
I propose to meet the Treasurer in New York on the 25th inst., it being advisable for us to have personal interviews with leading capitalists before the expiration of the time specified for receiving proposals, that we may give such verbal explanations with regard to the resources of the State, and particulars connected with the contemplated loan, as may be required. It is my intention, also, to visit Washington before my return to urge upon the President the necessity of causing all the patents for lands in this State, which have not yet been prepared, to be issued without delay.
If someone buys land, or a part of someone else's land, one can just stand on the land. There need not be any "price" recorded for the so-called "purchase," because "...freely ye have received, freely give" (Matthew 10:8). And as far as the government is concerned, the "previous owner" can just inform them that the land is no longer his.
The government might want to contact you and tell you they want their yearly "rent" from you for living on "their" land. If you do not receive free mail delivery, they won't be able to contact you through mail. So, they may try to call you on the phone. When you answer the phone, you should say, "Greetings in the name of Christ Jesus. Do you greet me in the same name?" If they do not understand the question, you may say, "God's Law is the Law I am using, so you must find your answers in there." And if they say they are calling in the name of another besides Christ (i.e. Caesar), you can tell them, "Well, the only purpose for which the Lord brought us together is for us to speak the truth to one another. Therefore, that is what I will discuss, for I am to obey God rather than man."
So, they may try to contact you by coming to your land "in person." Remember, they do not tax the land, they only tax the commercial "title" to the land. If they show you a piece of paper that claims jurisdiction for them, you can tell them, "That piece of paper does not represent or attach to this land." Then point out all the abbreviations on that paper, and show them how it is only an "image," a creation of man.
Posting a Close over the Land, not a No Trespassing Sign
In reading the notice at the bottom of this article, you might think it says the same thing your commercial "NO TRESPASSING" sign says, and this is just so difficult to understand. I am here to tell you there is a universe of difference between the two—a great chasm separating them if you will. Chaff is not wheat, and wheat is not chaff.
We are to enter into that Righteous Relationship with God, through our Lord and Saviour Christ Jesus, by the Grace God gives to men called for His righteous Purposes. It is this relationship which is evidenced to the world by the outward acts (James 2:14-26).
"Outward acts indicate inward intent." Bouvier's Law Dictionary (1914), "Maxim," p. 2124.
"Acts indicate the intention." Bouvier's Law Dictionary (1914), "Maxim," p. 2124.
The Intent of a bondservant of Christ is twofold: One, to walk meekly before God our Father doing all things for His Glory and Majesty to the end of revealing to the world Him and the Superiority of His Ways as you walk in them; and, Two, to Lawfully execute the Duties and Powers appertaining to the Noble and Sacred Office of the Christ, for the Glory of His only Begotten Son.
God, through His Son, bestows conditional Authority, Powers, Privileges and Immunities to those called by Him. The conditional nature is that those who are called must answer that call by ministering for Him, not for themselves. Let us make no mistake about this—no one has any inherent Lawful "right" to adoption by God. Thus, it is not a matter of "self-will" or "personal choice." It is solely a matter of the Grace of Him Who calls you to repentance. And with it, men find that eternal life in Him Who called them. Having once been called and regenerated by the Power of the Holy Spirit, a new creature is born in a Venue separate from the will of men; and are not subordinate to the will of men, but submissive or meek (praus) only to the voice of their only Master and Shepherd Christ Jesus, the Author of the call. To be born of the Spirit of God is not to be born of the spirit of codes, rules, and regulations. Therefore, the stranger is one who comes in the name or warrant of such things, which are not general laws emanating from the Body of Christ, His ekklesia. This may seem harsh, but stranger is the appropriate word. Because Christ Jesus is the Only Door, then those who do not have that relationship with Him are strangers, not being His several Ministerial Officers executing His Testament.
God, through His Son Christ Jesus, bestows conditionally Rights, Powers, Privileges and Immunities to those called by Him. Let us make no mistake about this—no one has any inherent Lawful right to adoption by God. Thus, it is not a matter of "self-will" or "choice." This is solely a matter of Grace of Him Who calls you to repentance. In this sense, you are under the Grace of God, for without it all would perish. But with it, men find that eternal life in Him Who called. Having once been called and regenerated by the Power of the Holy Spirit, a new creature is born in a Venue separate from the will of men; and are not subordinate to the will of men, but submissive or meek (praus) only to the voice of the Shepherd Christ Jesus, the Author of the call. To be born of the Spirit of God is not to be born of the spirit of codes, rules, and regulations. Therefore, the stranger is one who comes in the name or warrant of such things, which are not general laws emanating from the Body of Christ, the church. This may seem harsh at first, but because Christ Jesus is the Door then those who do not have that relationship with Him, or His several Ministerial Officers executing His Testament, stranger is the appropriate word:
"STRANGERS. By this term is intended third persons generally. Thus the persons bound by a fine are parties, privies, and strangers; the parties are either cognizors or cognizees; the privies are such as are in any way related to those who levy the fine, and claim under them by any right of blood, or other right of representation [*Christ Jesus is our Mediator]; the strangers are all other persons in the world, except only the parties and privies. In its general legal signification the term is opposed to the word 'privy.' Those who are in no way parties to a covenant [*establishing the Inheritance and adoption], nor bound by it [*Lawless, anomian and antinomians] are also said to be strangers to the covenant. Brown. See Robbins v. Chicago, 4 Wall. 672, 18 L.Ed. 427; Wilson v. Smith, 213 Ky. 836, 281 S.W. 1008, 1010; State v. Mills, 23 N.M. 549, 169 P. 1171, 1173; Gronewold v. Gronewold, 304 Ill. 11, 136 N.E. 489, 490. See, also, STRANGER." Black's Law Dictionary (4th ed., 1968), p. 1590. [Emphasis and insertions added.]
Beware then, of those who come in sheep's clothing but inwardly are ravening wolves, seeking whom they may devour: "PERSONATE. In criminal law. To assume the person (character) of another, without his consent or knowledge, in order to deceive others, and, in such feigned character, to fraudulently do some act or gain some advantage, to the harm or prejudice of the person counterfeited. 2 East, P.C. 1010. To pass one's self off as another having a certain identity. Lane v. U.S., C.C.A.Ohio, 17 F.2d 923." Black's Law Dictionary (4th ed., 1957 & 1968), p. 1301. The stranger is of the will of man, for the Ways of God are not the ways of man:
Isaiah 55:8-9, "For my thoughts are not your thoughts, neither are your ways my ways, saith the LORD. For as the heavens are higher than the earth, so are my ways higher than your ways, and my thoughts than your thoughts."
If you are an heir, then you must manifest such by bearing the fruits of repentance—obedience and meekness—and claim that Inheritance of God given you through Christ Jesus, "for the meek shall inherit the earth." See Mt 5:5 and Ps 37:11. Such is the foregoing notice—but it is not the earth you Inherit—it is the Close you Inherit, that Righteous Warrant in the Law which establishes the Power to claim the land in His Name and not your own. We cannot, and, in deed must not, use any commercial counterfeits. Why? Because of the following maxims of Law:
"The cause and origin is the substance of the thing; the cause and origin of a thing are a material part of it." Black's Law Dictionary (4th ed., 1957 & 1968), p. 278; Bouvier's Law Dictionary (1914), "Maxim," p. 2127. "That which is the principal part of a thing is the thing itself." Bouvier's Law Dictionary (1914), "Maxim," p. 2166.
If you use a commercial counterfeit, then the source is not God's Law—it is the lex mercatoria. Thus, there is no sanctification or separation from and between yourself and the commercial world. You will have ignorantly imported the fiction over the Truth in Christ Jesus, thereby marring the Seal of, and grieving, the Holy Spirit of God our Father. You must declare the Law written on your heart having the Seal of the Spirit of God which evidences and witnesses your adoption by God our Father in and through Christ Jesus. It is the adoption and evidence or witness of the Holy Spirit which gives evidence or witness of interest in the Close declared by the Law. The two are like a hand in a glove. If you use a commercial counterfeit, the foot does not fit a glove made for the hand; neither does a sock properly fit a hand. You must use the law fit for the purpose and God's Law is the only law that governs the Close given you by Him through Christ Jesus:
Genesis 1:1, "In the beginning God created the heaven and the earth." [This is the original act bringing the estate into being. All other derivative estates are necessarily dependent upon and governed by the Intent and Will of God, our Creator.]
"The law is the highest inheritance that the king possesses; for by the law both he and all his subjects are ruled; and if there were no law, there would be neither king nor inheritance." Bouvier's Law Dictionary (1914), "Maxim," p. 2142.
"The law of God and the law of the land are all one; and both preserve and favor the common good of the land." Bouvier's Law Dictionary (1914), "Maxim," p. 2142.
"But one who is prevented from doing a contemplated illegal act cannot maintain an action for damages for the interference with his illegal purpose." Bangor, etc., R. Co. v. Smith, 49 Me. 9, 77 Am.D. 246.
"Trespass distinguished. Waste is an injury to the inheritance by one rightfully in possession of the property. Trespass is an injury to the estate or the use thereof by one who is a stranger to the title, with no right whatever in the property." Stephenson v. National Bank of Winter Haven, 109 So. 424, 425, 92 Fla. 347; Brigham v. Overstreet, 57 S.E. 484, 128 Ga. 447, 10 L.R.A.N.S. 452, 11 Ann.Cas. 75; Dahlquist v. Mattson, 233 P. 883, 886, 40 Idaho 378; Duvall v. Waters, 1 Bland 569, 18 Am.D. 350; Price v. Ward, 58 P. 849, 25 Nev. 203, 46 L.R.A. 459; Roots v. Boring Junction Lumber Co., 92 P. 811, 94 P. 182, 50 Or. 298; Walker v. Fox, 2 S.W. 98, 85 Tenn. 154; Lander v. Hall, 34 N.W. 80, 69 Wisc. 326; Lowndes v. Bettle (English), 33 L.J.Ch. 451.
Notice to All Breaking the Close over this land:
Obedient sons of God our Father solely by His Grace through our Blessed Lord and Saviour Jesus the Christ, to all breaking this Close of and over this land, greetings from God our Father, and His Son Christ Jesus:
In the Blessed Name and Authority of our Lord and Saviour Jesus the Christ, by His Direction and Mandate and under His Warrant in His Testament, we hereby post the following at the gates to this Close of and over this land and on the door posts of the dwelling-house thereof: Whereas, the earth is the Lord's and the fullness thereof, and His Intent manifested in His original Act in His Testament of bringing into being His Estate governs all derived from it; therefore when God our Father sent His Son to execute His Testament according to His Will, so His Son sent into the world those called by Him from the foundation of the world for His Dignity, Glory, Majesty and Purposes; and,
Whereas, all Power in heaven and in earth hath been committed to Christ Jesus by God our Father, Who bestows the same upon those Whom He hath called and sent into the world in execution of, and to execute, the Righteous Judgments in His Holy Writ in His Name and under His Warrants contained therein; and,
Whereas, as many as believe in and on His Son He gives the power to become the sons of God by and through adoption, and a son hath Inheritance common in all other sons through and in Christ Jesus, therefore the Close of and over this land and all Dominion in and of the Inheritance established by, through and in Christ Jesus, have been Willed by God our Father, through our Sovereign Lord and Saviour Jesus the Christ, to His sons and his seed in perpetuity; and,
Whereas, the Will of our King and Testator in His Law and Testament instituting the Inheritance establishes and governs the Dominion of those who Inherit the Close of and over this land instituted by our King in His Law and Testament, therefore those who act and do contrary to the Will of our King and Testator are not His sons, but bastards, having no Close or Dominion in and to any Inheritance established by the Will of our Blessed King and Testator; and,
Whereas, the Law of God and the law of the land are all one, and both favour and preserve the common good of the land, therefore ignorance of God's Law is no excuse, for all men know God, even His eternal Power and Godhood, and are not presumed ignorant of their eternal welfare; and,
Wherefore, any and all who enter here without consent evidenced by Warrant in Law from God our Father, through our Sovereign Lord and Saviour Jesus the Christ, and His several appointed Ministerial Officers having and being of one Mind in the Christ, but enter either in their own name or by the name of a stranger having no Dominion of and in the Inheritance common among all bondservants of Jesus the Christ: One, break this Close; Two, breach the Peace of our King, by violating His Law establishing this Close and all Powers appertaining to His Noble and Sacred Ministerial Office; Three, disturb, and thereby destroy the Domestic Tranquility of His sons; Four, endanger His Inheritance in and of His sons by adoption; and, Five, are, in His Law governing this Close, trespassers, thieves, and robbers having not entered through the Door; and,
Therefore, an action of trespass quare clausam fregit will lie against all such who break this Close through or under such pretenses or color of Law.
Junking the Title to Land
Many people have asked about how one can junk the registration to land, similar to how one can junk the title to an automobile. One brother we know of had a ten-acre plot of land. He sub-divided it into two five-acre plots of land. He did the research on how to do this himself, to avoid dividing his land through the usual means. Anyway, once the land is divided, it erases the tax number associated with that plot of land. Caesar then waits for the land to be re-registered so it can assign two new tax numbers to the two new pieces of land (which usually happens immediately when it's done through the usual means). Our brother did not re-register his land, and has never received a tax bill for his land in over ten years.
We also have two different laws from two different States, explaining how to junk the title to the land. The first law is from North Carolina which explains how one can junk the registration, and it will be "as if such estate had never been so registered." The second law is from New York and explains how to "withdrawal from registration." These laws are duplicated here for your edification. To find out the corresponding law in your state, you will have to do some cross-referencing at the law library.
General Statutes of North Carolina
Chapter 43 – Land Registration
Section 43-25 – Release from registration
Whenever the record owner of any estate in lands the title to which has been registered or attempted to be registered in accordance with the provisions of this Chapter, desires to have such estate released from the provisions of said Chapter insofar as said Chapter relates to the form of conveyance, so that such estate may ever thereafter be conveyed, either absolutely or upon condition or trust, by the use of any desired form of conveyance other than the certificate of title prescribed by said Chapter, such owner may present his owner's certificate of title to such registered estate to the register of deeds of the county wherein such land lies, with a memorandum or statement written by him on the margin thereof in the words following, or words of similar import, to wit: "I (or we), _____________, being the owner (or owners) of the registered estate evidenced by this certificate of title, do hereby release said estate from the provisions of Chapter 43 of the General Statutes of North Carolina insofar as said Chapter relates to the form of conveyance, so that hereafter the said estate may, and shall be forever until again hereafter registered in accordance with the provisions of said Chapter and acts amendatory thereof, conveyed either absolutely or upon condition or trust by any form of conveyance other than the certificate of title prescribed by said Chapter, and in the same manner as if said estate had never been registered." Which said memorandum or statement shall further state that it is made pursuant to the provisions of this section and shall be signed by such record owner and attested by the register of deeds under his hand and official seal, and a like memorandum or statement so entered, signed and attested upon the margin of the record of the said owner's certificate of title in the consolidated real property records in said register's office, with the further notation made and signed by the register of deeds on the margin of the certificate of title in the consolidated real property records showing that such entry has been made upon the owner's certificate of title; and thereafter any conveyance of such registered estate, or any part thereof, by such owner, his heirs or assigns, by means of any desired form of conveyance other than such certificate of title shall be as valid and effectual to pass such estate of the owner according to the tenor and purport of such conveyance in the same manner and to the same extent as if such estate had never been so registered. (Ex. Sess. 1924. c. 40; 2000-140, s. 42(b).
New York State Consolidated Laws
ARTICLE 12 - Registering Title to Real Property
Section 404. Registered property to remain registered. The bringing of property under this article shall imply an agreement, running with the land and binding upon the applicant and all his successors in interest or title, that the property shall be subject to the terms of this article, and all amendments and alterations thereof, and all dealings with the property so registered, or any estate, right or interest therein, after the same has been brought under this article, and all liens, incumbrances and charges upon the same after the first registration thereof shall be subject to the terms of this article.
Section 404-a. Withdrawal from registration in certain instances. Notwithstanding the provisions of section four hundred four of this chapter, a title to real property which has been duly registered as provided by article twelve thereof may be withdrawn from such registration upon application to the supreme court by the owner of the fee title to the property. An application for such withdrawal from registration may be filed with the registrar of the county in which the title is then registered and shall be entitled "in the matter of the application of (stating the name of the registered owner) for the withdrawal from registration of the title to certain lands." Such application, in such form as may be approved by the registrar, must be made by the registered owner of the fee of the real property. It shall set forth and recite in detail the name and postoffice address of the registered owner, the number of the certificate of title last issued, the date of the last registration of the title, a description of the real property as stated in the certificate of title together with a reference to the proper section, block and lot numbers if any, a complete recital of all memorials entered on the certificate of title, the names and addresses of all persons owning any incumbrance, charge, trust or lien on the premises, a statement of all unpaid taxes, assessments and water rates due and payable, a statement of the circumstances existing which render continued registration of the title impracticable and inexpedient, and a prayer for the withdrawal from registration. The application shall be duly verified and executed in duplicate. The registrar shall file one copy as a document in his office and enter the same as a memorial on the certificate of title to which it relates. The other copy shall be delivered to an official examiner of title who shall forthwith proceed to examine the title since the date of the first or initial registration thereof and investigate the facts set forth in the application. Thereafter he shall make a report in writing to the supreme court of his findings and a recommendation as to the proper disposition of the application. The registrar shall set down a date for hearing on the application in the "title part" of a special term of the supreme court, which date shall be not less than twenty days after the filing of the application; and he shall notify by certified mail demanding a personally signed return receipt card all persons or parties who appear by the report of the official examiner of title to have any interest in or incumbrance, charge, trust, or lien upon the said real property. At the hearing any of the parties in interest may appear and consent or object to the granting of the prayer of the application. Whether granted or denied, the supreme court shall enter an order disposing of the application and after such order is filed with the clerk of the county a transcript or certified copy of the same shall be filed with the registrar and by him entered as a memorial on the certificate of title. When the order of the supreme court grants a withdrawal from registration of a title to real property as herein provided, the registered owner thereof shall forthwith deliver to the registrar and surrender his owner`s duplicate certificate of title, or if the same has been lost or destroyed a new owner`s duplicate certificate of title obtained as provided in section four hundred fourteen of this chapter. The registrar shall then cause the owner`s duplicate certificate of title to be recorded in the office of the recording officer of the county in which the real property is located, and thereafter permanently filed in his own office. A certified copy of the record shall be delivered to the registered owner as his future evidence of title. The recording of the owner`s duplicate certificate of title shall be notice of the recitals and matters therein contained, and shall also be notice of the fact that the title to the real property therein described is no longer registered nor subject to the provisions of article twelve of this chapter. From the time of such recording and until any future or further registration of the title thereof, said property shall be and become as to all matters subsequent to the time of such recording subject to all provisions of law relating to real property the title to which has not at any time been registered.
The final order and judgment of registration by the court pursuant to which the aforesaid title to real property was originally registered shall continue to be binding and conclusive as a decree or judgment of the supreme court in the same manner and to the same extent and be of the same force and effect as if the said title had not been withdrawn from registration in accordance with the provisions of this section. The fee of the registrar for all services rendered by him and by the official examiner of title pursuant to this section shall be the sum of one hundred dollars payable at the time of filing of the application for withdrawal from registration, and one-half of the said fee shall be transferred by the registrar to the assurance fund provided for by section four hundred and twenty-six of this chapter. In addition thereto the applicant shall pay to the registrar and the official examiner of title, their necessary expenses and disbursements incurred in connection with the withdrawal of the title from registration.
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