Land Grants and Land Patents are Contracts for Conveyance of Land Titles.
The highest title to land in the United States is a Government grant, a patent
either from the National Government or a State. A Government grant for land has
been, and is held to be, "a contract executed." (Fletcher v. Peck, 6 Cranch, 87.)
Rights conveyed with Title, unless reserved or excepted on Patent Grant
The maxim's use in England can be traced back to at least 1285, where it appears in a contract for the sale of a house
in Norwich. Its origins may lie in Jewish law at least 1,000 years earlier. It first appears in Englsh law reports in a
note to the 1586 case of Bury v. Pope. By the time of Lord Coke's Commentary on Littleton (1628) the maxim was well
established. Coke wrote: [t]he earth hath in law a great extent upwards, not only of water. . . but of ayre and all
other things even up to heaven; for cujus est solum, ejus est usque ad coelum." … Quoted from Land Law by Peter Butt,
BA, LLM (Sydney) 4th Edition, Chapter 2, beginning page 9; Lawbook Company 2001 ISBN Number 0 45521753X
A right to land essentially implies a right to the profits accruing from it, since, without the latter, the former can
be of no value. Thus, a devise of the profits of land, or even a grant of them, will pass a right to the land itself. (Shep.
Touch. 93. Co. Litt. 4b.) ‘For what,’ says Lord Coke, in this page, ‘is the land, but the profits thereof.’
[This (Lord Coke) reference above…. was the old law of England…. Thus the CPRC Sec. 5.001. Rule of Decision (quoted
next) is applicable…..
The Civil Practice and Remedies Code Sec. 5.001. Rule of Decision states:
The rule of decision in this state consists of those portions of the common law of England that are not inconsistent
with the constitution or the laws of this state, the constitution of this state, and the laws of this state.
Also, refer to the Doctrine of Relation Back.
Jurisdiction on land granted by an independent foreign nation is under Original Jurisdiction,
Treaty Law, International Law, Equitable principles, Supreme Court Decisions,
and the laws, customs and usages of the ceding nation… See
AMERICAN JURISPRUDENCE 63C V. 28, 1 OF 139 REFERENCES
§ 3 Generally
Title to lands in territory that is ceded to the United States passes to the
federal government, n1 which takes proprietary title only to the lands that the
ceding government held in a proprietary capacity. n2 Further, Congress, n3
federal courts, n4 or administrative agencies responsible for public lands n5
may establish the property rights of individuals in territories that are ceded
or granted by a former sovereign. Property rights that vested prior to the
cession of the land will be protected, n6 even if the United States claims the
granted land for purposes of national defense. n7
Observation: Because a treaty of cession usually protects complete title in real
property existing at the time of cession by a foreign government, n8 such title
generally need not be presented for confirmation. n9
§ 4 Construction
In settling land claims involving the land of a superseded government, a court
or tribunal is bound by the treaty under which the lands were ceded,
international law, equitable principles, the decisions of the United States
Supreme Court, and the laws, customs, and usages of the ceding nation. n1 An
individuals rights in land granted by a foreign government are determined by
the laws of the foreign government as they existed at the time of the grant of
lands. n2 Any question as to restraints or restrictions upon the use of such
land is, however, to be determined by the law of the state. n3
While the intention of the grantor is the paramount consideration in the
interpretation of a land grant of a superseded government, n4 the conduct of
the government that succeeded to the territory may also be considered in order
to determine the limits of an ambiguous grant of a predecessor government. n5
Doubt as to the location and extent of a grants boundaries may also sometimes
be resolved by proof of juridical possession. n6
If ambiguous, the land grant of a sovereign is strictly construed against the
grantee. n7 A grant from a sovereign to a town will, however, be liberally
construed to effect its object. n8
§ 6 Effect of confirmation of grant
The confirmation of a land claim arising under a grant of a superseded or
predecessor government separates the lands owned by individuals from the public
domain. n1 Recitals in a confirmation decree are generally conclusive as to
title, n2 the specified boundaries, n3 and the validity, character, and nature
of the grant. n4 A confirmation of title protects only the asserted claim and
does not necessarily recognize the validity of the whole grant, n5 even if the
claimed land is less than that covered in the original grant. n6 A confirmation
decree is beyond collateral attack for mere error or irregularity n7 and, in
the absence of extrinsic fraud, is binding on the courts, n8 the government, n9
grantees, n10 assignees, n11 and all parties who have acquiesced in the
decree. n12 It does not, however, bind a person who was not a party to the
proceedings culminating in the confirmation. n13
Patent / Grants / Allodial Title
Thomas Jefferson's Letter to Edmund Pendleton August 13, 1776
"The opinion that our lands were Allodial possessions is one which I have very long held,
and had in my eye during a pretty considerable part of my law reading which I found always strengthened it."
Allodial Freeholds: History, Force and Effect of Land Patents (pdf)
Asserting Your Rights As A Land Holder -
This document gives a practical understanding and use of an "Declaration
of Land Patent" to oppose unconstitutional and unlawful taxation, regulation or taking of one's land property.
Texas Government Land Office:
http://www.glo.texas.gov/what-we-do/history-and-archives/our-services/index.html
These fine folks archive and have friendly search engines to locate your patent
or grant which should be stipulated on your survey abstract number …. It should
tell you what the Abstract Number is in the County where the Land is located.
http://www.glo.texas.gov/history/archives/land-grants/index.cfm
has a great search tool, and has free downloadable PDF documents. From there,
you can order a Certified copy of the Land Patent or Grant your land is on. If
a Mexican or Spanish Land Grant, you will need to order a translation of the
Grant as well, as no county will record one in the Spanish language. There is a fee for this service.
GLO also provides Services, such as Land Classification Letters,
which tell what minerals were reserved for the STATE OF TEXAS, if any, and a
Certificate of Fact which gives the Chronological history of your land, from
the Certificate being issued, the survey being done, and the Patent or Grant being issued.
Warranty Deeds / Deeds of Trust /
Quit Claim Deeds / Quiet Title
Sheriff's Deeds /
Restrictions / Reservations Kept
Minerals / Water / Riparian / Easements & Right of Ways / Cemetery Right of Ways
Resources: GLO Office, 4 Audio Lectures from Mike Palma,
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