Land patent

A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publishing in public records, made by a sovereign entity. While land patents are still issued by governments to indicate property is privately held,[1] they are also often used by sovereign citizens and similar groups in illegitimate attempts to gain unlawful possession of property, or avoid taxes and foreclosure.[2][3]

Land patents are the right, title, and interest to a defined area. It is usually granted by a central, federal, or state government to an individual, partnership, trust, or private company.

The land patent is not to be confused with a land grant. Patented lands may be lands that had been granted by a sovereign authority in return for services rendered or accompanying a title or otherwise bestowed gratis, or they may be lands privately purchased by a government, individual, or legal entity from their prior owners.

"Patent" is both a process and a term. As a process, it is somewhat parallel to gaining a patent for intellectual property, including the steps of uniquely defining the property at issue, filing, processing, and granting. Unlike intellectual property patents, which have time limits, a land patent is permanent.

In the United States, all claims of land ownership can be traced back to a land patent, first-title deed, or similar document regarding land previously France, Spain, the United Kingdom, Mexico, the Kingdom of Hawaii, Russia, or Native Americans. Other terms for the certificate that grants such rights include "first-title deed" and '"final certificate."[citation needed]

A land patent is known in law as "letters patent" and usually issues to the original grantee and to their heirs and assigns forever. The patent stands as supreme title to the land because it attests that all evidence of title existent before its issue date had been reviewed by the sovereign authority under which it was sealed and was so sealed as irrefutable. Thus, the land patent itself so becomes at law the title to the land defined within its four corners.

In practice, the irrefutability of counter-claims is relative, but once a patent is granted, permanence of title is established.

  1. ^ https://drakelawreview.org/wp-content/uploads/2016/09/wright1.pdf [bare URL PDF]
  2. ^ "What you need to know about land patents". 9 February 2024.
  3. ^ "Land Patents: A Real Myth".