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Allodial Title and The Treaty of Paris
"Prior to the Treaty of Paris of 1783, which signified the end of the Revolutionary War, land in the rebelling States was owned in part by the King of England. The King granted rights and privileges related to these lands in the rebelling States following the historic British pattern.

However within the Treaty of Paris the King gave up his sovereign ownership of the land. In this way most lands in the States became the property of sovereign individuals (not governments) without any local State rights to taxation. People dwelling in the US have unlimited right to contract, many freeholders exercised that right by exchanging municipalities the right to taxation in exchange for benefits from sharing resources with their neighbors.

This practice was adopted in large scale during the Great Depression as counties DECEPTIVELY began to bill allodial 
landowners taxes and offered services in exchange for payment without giving notice that such payment might imply transfer of allodial owner from the individual to the State.

Deceit is a form of Fraud and thus this deceptive practice did not in fact transfer allodial title, thus today, as in Noah Webster's day, in the United States, most lands are allodial as denoted by the words "fee simple" or (FREE OF FEE).

Allodial title is a concept of real property in common law. It describes a situation where real property (i.e. land, buildings and fixtures) is owned free and clear of any encumbrances , including liens, mortgages and tax obligations. Allodial title is inalienable , in that it cannot be taken by any operation of law for any reason whatsoever. True allodial title is rare, with most property ownership in the common law world (primarily, The United Kingdom, the United States, Canada, Australia and New Zealand) is described more properly as being in fee simple. In common legal use, allodial title is used to distinguish absolute ownership of land by individuals from feudal ownership, where property ownership is dependent on relationship to a lord or the sovereign. Webster's first dictionary says allodium is "land which is absulute property of the owner, real estate held in absolute independence, without being subject to any rent, service, or acknowledgement to a superior. It is thus opposed to feud. In England, there is no allodial land, all land being held of the king; but in the United States most lands are allodial."

Property owned under allodial title is referred to as allodial land or allodium.

Category: Articles | Added by: JennaRose (08.15.2012)
Views: 838 | Rating: 0.0/0
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