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Aspects of Land Patents in the USA
Land patents apply directly to the USA. Land patents are proof of the right and title to a piece of land granted by the government to a person or a private company in the USA. Such patents originated because of the American colonies.
There must be a trace back to the original first title deed which indicates the original ownership of the land owned by Russia, the UK, Spain, Mexico, Native Americans, or France.
Letters of Patent
Land patents are known as letters patent and don’t provide title, but simply proof of the right to title. Private property could be patented in colonial America. Many of the patents granted to the various countries controlling the land are still in force today.
The Process
The patentees could buy the land for cash or could come into ownership through donations. A two step process was followed for the granting of such land patents.
The person completed certain papers indicating the public land and then the records were checked to see if the claimed land was not already in the possession of another. The payment was made for the claimed land and then more form checking followed. A patent was then awarded for the particular land.
Current State
There are still such claims today, but the claimant must also adhere to the usage rights connected to the land such as roadways and mineral rights.
The rights connected to a piece of land are inherited by the heirs of the claimant. It is not possible for a trust or corporation to obtain such without an act by the US Congress. Railroad grants fall within the latter scope.
If you need assistance with land patents and any other form of patenting, contact us at Smit & Van Wyk today.
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