Monday, September 30, 2013

Allodial Title

This piece is prompted by my recent experience registering my truck for the first time in the State of New Mexico.  I won't bore you (as I probably did with friends and family via emails) with those details; suffice it to say that it was a long, drawn-out process culminating in an 80-mile round trip.  The whole thing made me curious about registration and titles relating to one's property.  In doing research on this subject, I did my best to primarily stick to "legitimate and reputable" sources of information.  Nowadays, though, some of the "nutcake" sites seem to make more sense than many of those considered "reputable".  That's mostly because of Legal-Speak.  :)

Most people, perhaps all of us in some instances, do not hold full title to any of our property even if it's paid off.  For example, 85% of land owners in the USA do not own any mineral rights to their land.  That's why some ranchers in Wyoming are, against their will, being forced to accomodate oil drilling operations on "their" land.  The vehicle title that you may hold is not a full, paramount title unless you have the Manufacturer's Certificate of Origin (MCO) of the vehicle...and that is held by the State.  You are not allowed to possess it.  [In almost all cases, new car dealers automatically submit MCOs to the State...unless you insist that it be given to you.]  As soon as you "register" your vehicle, if you have an MCO, you must submit it to the State.  I imagine that the State has what it considers good reasons for this process, but the point is, you are left without an "allodial title" to that property.

An allodial title is one that is free and clear of any "feudal duties", including taxes, fees, etc.  In other words, the property is un-a-lienable.  Obviously, this concept originated in Feudal times when the King was paramount.  Please note, however, that the concept carried through in both English and American law all the way through the founding of the United States of America.  Many early European-Americans were granted allodial title to their land.  As you might guess, eventually this created problems for both the Government and the landowner.  The Government's problem is obvious:  no taxes.  The potential landowner's problem is:  who is going to make a mortgage loan on property upon which no lien can ever be placed?  [No problem if the buyer has the full cash amount.]

Over time, the Government solved its problem the way government sometimes does:  it simply, for all practical purposes, abolished the allodial title system.  Presently there is only ONE State in the USA where one can obtain an allodial property title---Texas.  From what I've read however, the process is so drawn out and convoluted that it may as well not exist.  Other States/jurisdictions have allodial titles, but in "modern" times they've all passed laws stating that individual property owners with allodial titles are subject to taxes, fees, liens, etc.  In other words, Government still calls them "allodial titles", but they're not.

Various local or regional groups within the Sovereignty Movement have manuals up to 75 or more pages in length instructing people on how to convert a standard title to an allodial title.  [NOTE:  I'm guessing that about 99.9% of the folks in the Sovereignty Movement are completely nonviolent; despite that, the Fed Gov't and many State Gov'ts have deemed them all to be "potential terrorists".  That's important because under the National Defense Authorization Act (in my opinion, a completely unconstitutional "law"...and thus null and void under our system of gov't), such people now can be arrested without a warrant, detained indefinitely without access to a lawyer, and even EXECUTED without a trial.  That's according to a piece in Forbes.  All that and nary a peep from the People...incredible.]

It seems to me that the efforts of the Sovereignty Movement relative to allodial title are a waste of time.  Governments never again will allow INDIVIDUAL landowners to hold such a title.  They may call it "allodial", but as I pointed out above, it won't be.

Time and energy constraints prevent me from giving this subject the treatment it deserves.  It's a fascinating history with huge implications for so-called modern times.  I hope some of you will look into it further.

Happy Trails