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Josh-D. S. Davis

Xaminmo / Omnimax / Max Omni / Mad Scientist / Midnight Shadow / Radiation Master

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Land title
Josh 201604 KWP
So, since I don't have a land grant from the king of England from prior to the revolution, I do not have a recognized alloidal title, I don't own land through Treaty as a monarch of my own government, and I've not been granted a land patent to federal lands, that means I can't really "own land".

The type of land rights I can reasonably expect to obtain are known as "fee simple". Fee derives from "fief" or "feud". In other words, I am a roughly equivalent to a feudal land tenant. I purchase the right to use the land for any legal purpose. In most states, the true owner would be the federal government. I'm not sure, but I believe since TX was annexed, and due to some interesting history, Texas may be the true land owner.

A fee simple is limited by the government powers of taxation, eminent domain, police power, and escheat.

Failure to pay taxes to the owner, Texas, could result in my loss of claim to the estate, depending on the state laws. These laws may allow me to keep my homestead, but not to pass it on to heirs if taxes are unpaid. Further, it may grant similar powers to the local and federal governments.

Eminent domain means they can pay me FMV for my estate and then relieve me of my title to the estate, without any right to contest.

Police power means should I violate statute, regulation, or otherwise be deemed a nuisance, I might be relieved of my ownership of title.

Lastly, escheat, meaning that should I lose title and no clear heir found, the property might revert ownership to a prior deed holder, up to and including the state, depending on laws and judgements.

The reason for fee simple is because with out it, government power would be greatly restricted. Defense would be voluntary, and could suddenly suffer collapse due to private decisions to withhold payment without recourse by the government.

In addition to the governmental restrictions (ie, limitations placed by my feudal lord, the Honorable State of Texas, My deed to the land is encumbered by the prior owners of this fee simple. More so since I'm buying into a home owner's association, which contains "restrictive covenants". However, even my Lake Dallas house has encumbrances such as build lines, minimum lot sizes, minimum house sizes, etc.

Further encumbrances exist in the way of easements (right of use, similar to a license) which were sold by the prior deed holders, though the easements presently are encumbered only in fact, but not per se. In other words, the power company holds the right to use the back 20' for power transmission, and the southwest corner for a transformer. However, at present, there is no transformer, and the only power lines back there are the ones to my house along the lot line. This is because there are power and sewer easements on the greenbelt, which was deeded to the city as abandoned property. Still, the easement is there.

However, I have the right to quietly enjoy my estate in land, to pass that interest on to others and to further encumber the rights which I own (ie, mortgage it, modify it within the limits of the deed).