Legal Question in Real Estate Law in Florida

Land Patents Scam or real?

According to an article I am reading Land Patents are a legal form of land ownership where one does not have to pay taxes. They give ''Wilcon v. Jackson, 13 PET (U.S.) 498 10LEd. 264. Is this pure junk or is there anything to it?


Asked on 12/24/08, 12:03 pm

2 Answers from Attorneys

Justin Schmidt Law Office of Justin B. Schmidt, P.A.

Re: Land Patents Scam or real?

Scam. A land patent was used to evidence right, title, or interest in real property in the early days of America. Land Patents were usually granted by a central, federal, or state government to an individual. Since then, these tracts of land have been seperated, platted, carved up and conveyed through time by deeds.

There is a movement today by some clever cheats who argue that even if you own title to a parcel of land today by way of a valid warranty deed, that someone who has the Land Patent for it has superior title. Not true. Land Patents interests can be conveyed same as deeds. Land patents do not last "forever" as some will argue by citing random case law from two hundred years ago.

You have no need to learn about land patents unless you like to study US History or you are a researcher for a title company tracing ownership of land back to the US Colonies.

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Answered on 12/26/08, 11:43 am
Philip Duvalsaint Philip A. Duvalsaint, PLLC

Re: Land Patents Scam or real?

The land can't be seized for taxes, but the liability for taxes still rests with the owner.

Land patents are the legal documents that transferred land ownership from the U.S. Government to individuals. All land patents are supported by one or more acts of Congress. Generally, a Land Patent is permanent and cannot be changed by the government after its issuance except in case of fraud, clerical error, or failure to pay taxes.

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Answered on 12/26/08, 2:22 pm


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