What is Allodial Title ? Allodial Title vs Fee Simple
What is Allodial Title ? Allodial Title vs Fee Simple
What is Allodial Title?
Allodial title is a legal term meaning the ownership of land without any feudal obligation. Unlike a manor, which was usually held from a lord, an allodial estate can be bought and sold by its owner.
One of the most important consequences of this is that one person can own as much as they want to. In feudal times, this was not possible as someone could only own as much as they were granted by their lord.
The majority of property in common law jurisdictions is held in fee simple. In the United States, the land is susceptible to eminent domain by federal, state, and municipal governments, as well as taxation by state and/or local governments, and so there is no real allodial land.
Some states in the United States, most notably Nevada and Texas, have provisions for evaluating land allodial under state law, and the term may also be used in other contexts.
Allodial title has been traditionally described as the political right of ownership to land. However, there is no evidence that this is actually true.
Allodial title is a right of property to land.
A person’s allodial title is his or her right to own property without owing fealty or any other duty to a superior. Under the feudal system, no person could own a piece of property outright; the lord had an interest in every plot in his land.
If one were to “own” property as we understand it today, he would be considered an outlaw, and his property would be forfeit.
How to get allodial title
To acquire an allodial title you need to:
- evidence of your right to the land- This can come in the form of deeds, title to the land, lease agreements for a certain amount of time (this can be up to one hundred years), or the surveyors measuring stick.
- The proof must show that there are no more property liens on your land- This is an important legal term which means that previous liens such as mortgages or obligations to pay taxes do not hold any more validity over your property.
- Have a description of your property- This is so that if there are any questions as to the borders or size of your property you can prove that you own it. This description must be given in metes and bounds, which is the land surveyors’ way of describing land.
- Obtain a copy of your land’s land patent- If you do not have an ownership claim on the land, but wish to claim it allodial, this is the way to do so.
- Complete a Declaration of Acceptance of Land Patent- This is when you officially declare that you possess allodial title over a piece of property.
This is done by going to the government and recording all of the information of your land and its owner on the deed office records. This must be done within one year of obtaining the title from your state land office.
- Make a land patent application. – By obtaining a copy of the land patent for your property, you can gain allodial title to the land.
- Submit a Public Notice- Notices are an important part of allodial title; they are provided to the public to show actual notice of your ownership, and how you obtained it.
The allodial title process is not something that can be done by yourself. It is recommended that you seek the advice of a lawyer and surveyor in regards to your land before completing these steps.
Allodial Title vs Fee Simple
This covers the similarities and differences of allodial title and fee simple. To begin with, the definitions of both are as follows:
- Fee simple: is a property interest. Land acquired in fee simple is totally owned, with no restrictions or obligations. Absolute estate is a sort of infinite estate.
A fee simple is often produced when a deed conveys land with no stipulations, typically using language such as “to John Doe” or “to John Doe and his heirs.”
- Allodial title: It was once believed to be an estate free of all conditional limitations, including any feudal duties or obligations to a superior lord, but this idea is not true today.
Allodial title exists today as the concept of ownership without owing any duty or allegiance to personal or governmental authority.
Similarities
They are:
- The owner has absolute property rights, cannot be ordered off the land, they can pass on to their heirs.
- It is also possible to own property as allodial, fee simple or in bond.
Differences
They include:
- A fee simple may be granted by a superior feudal lord. Allodial title cannot be granted by a superior feudal lord, since it is not an estate of an estate.
- Allodial title requires a patent from the State, no matter how long it has been in existence. Fee simple does not require a patent from the State and can be acquired at any time in history.
- Allodial title is acquired with proof of ownership at the time the grant is recorded with the government. A fee simple can be acquired without proof of ownership, at any time, in the history of the property.
- A fee simple must be acquired from title by a deed of conveyance. Allodial title can be acquired by recording a deed at any time in history.
- Fee simple is normally held from a superior feudal lord (lord or master). Allodial title is held from the State.
- Fee simple requires no proof of title, but the State may require an affidavit. Allodial title must be proven with a patent from the State, and can only be acquired by recording the patent with the State.
Allodial Title legal concept
The allodial ownership concept is recognized in many countries, including Canada, the United States, South Africa and Australia. It is different from fee simple in that the owner holds no rights to improvements made to his property by himself or by a neighbor.
The concept of allodial title arose in the Middle Ages and was largely an English invention. The idea of absolute ownership with no duty to a superior lord was combined with English law, specifically English common law.
Common law was based on the principle of the King as absolute sovereign and it was at that time that allodial title emerged.
The concept of ownership of an estate with no restrictions, or obligations to a superior lord can be found in common law, but it is generally not recognized elsewhere in Europe.
Allodial title has been independently rediscovered in Canada and is characterized by the absence of any inheritable rights to improvements or additions to land.
The idea exists only insofar as the property owners would not be bound to improve their property.
Allodial Title Advantages
There are many advantages of an allodial title as an owner such as:
- The owner cannot be forced or ordered to move by any government or agency.
- The owner’s right to pass on his estate can only be altered by a will that is recorded in the will office and also filed with the county recorder’s office.
- The sale of the property usually requires no special documentation other than the deed itself, and provides proof of ownership of allodial title at the time of sale.
In conclusion, there are many advantages to having an allodial title over your property.
Allodial Title Nevada
Nevada has two types of allodial titles.
The first is a patent from the state of Nevada, and it establishes ownership without any obligations to another.
The second is derived from a federal patent and it gives ownership rights to the land in which you hold, but there is still a small fee attached to this patent.
Allodial Title Rules of Distinction
There are some rules to distinguish allodial from fee simple in California.
One of the most important things that you must do is you have to get the document that will prove your non-allodial title.
You have to have a power of attorney from whoever is going to record it and then you have to prepare the deed.
In conclusion, if you have an allodial title and you are in California, then you are all set for the rest of your life. If you have a fee simple title, then you need to do some work and it can lead to some problems.
Allodial title has some distinct advantages over fee simple
These include:
- There are no debts or liens on your property when you have an allodial title.
- Your title cannot be transferred to other people.
- You can pass down your title to your heirs without any additional documents.
- Your title will not be subject to taxes on the land, unlike fee simple titles which may be subject to property taxes, even if the land is not used for an income-producing purpose.
- You can pass down your property to whoever you choose, when and how you choose, without any interference from a superior feudal lord or government authority.
- Your heirs will not inherit any encumbrances such as existing debts and mortgages.
- If you want to sell your property, you need a simple form that allows people to sell it easily.
- All the taxes in California are paid by the fee simple title owner, where the allodial title owner does not have to pay any taxes on the land if it’s not used for earning an income.
- An allodial title can be acquired from a patent from the state, which is recorded with the County Recorder.
- Allodial title does not change hands, it stays with the same owner throughout his lifetime and can also be offered for sale at any time in history.
- An allodial title owner can pass on his land to his heirs without any conditions or obligations to superior feudal lords, but they would have to prove ownership of an estate at the time of recording it with the government; in California at least.
FAQs
What is allodial title?
An allodial title is a title which does not require any restrictions, obligations or duties to another.
In other words, the owner holds absolutely to their property, with no obligations or duties of the kind imposed by a superior lord. This would include feudal lords, government authorities and anyone else.
Are allodial titles real?
Yes, allodial titles exist and they are acknowledged in a number of countries.
Allodial title is not the same as fee simple ownership, since an allodial owner holds no rights to improvements or additions to the land by himself or others.
Allodial title can be easily acquired; it can be found in almost every country in the world.
How do you get an allodial title?
Allodial titles can be acquired by recording a deed at any time during history. This deed states that an owner starts with a title that is allodial, but whether or not they actually own the entire property is not determined by the document.
Are allodial titles legal?
Allodial titles are entirely real and exist in many countries in the world. This is thanks to their independent discovery, which became popular during medieval times.
Allodial titles are a form of property ownership that does not require any obligation to another, such as those imposed by a feudal lord or government authority.
As such, allodial title does have some distinct advantages over fee simple ownership.
What is a patent?
A patent is another type of formal document that a person can use when acquiring an allodial title. It’s something that’s issued by the government, and it establishes their rights to the land they own.
People sometimes refer to these documents as deeds, but they are not the same thing. Every country has its own specific laws pertaining to patents, so make sure you’re following them closely before proceeding with any transaction.
What states allow allodial titles?
Allodial titles are a form of property ownership that is available in many countries, including the United States.
However, the state of Nevada and Texas have a particularly interesting set of laws regarding the allodial title. The state has two forms of allodial title; one is from a patent from the state, and the other is from a federal patent
What is characteristic of the allodial system of ownership?
Allodial title is a type of ownership that does not require any obligations to another, such as a feudal lord or government authority.
What are the characteristics of allodial title?
Allodial title does have some distinct characteristics that set it apart from other ownership types.
For example, an allodial owner holds absolutely to their property, so there are no obligations or duties attached to the land and the improvements or additions.
What is allodial interest?
The allodial system of ownership allows an owner to dispute any encumbrances or liens they may have against the property. This is not possible with a fee simple type of ownership.
What are the rights granted to people with allodial titles?
The allodial system gives people a number of additional rights that they would not have otherwise, such as:
- Owners can pass down their land to heirs without any obligations or duties.
- The owner does not face any restrictions in passing on the property, as it does not affect this person’s ability to do anything with the land, such as sell it.
- People can only be held accountable to a feudal lord if they have acquired that title by accepting an obligation of some kind, e.g., they will be liable if they buy land from a landlord and then refuse to pay rent.
- People without feudal titles or government authority can pass on their property to anyone they like, when they like, and how they like.
What is a fee simple title?
What Exactly Is Fee Simple Ownership? The phrase fee simple in real estate refers to a landowner’s complete and absolute ownership of a piece of land and any properties on it.
The fee simple owner is free to do whatever they choose with the land as long as they follow established easements and zoning rules.
What are the benefits to a fee simple title?
There is no difference between an allodial and fee simple system of ownership. The terms are synonyms for each other.
There is no difference between the two systems, since they have almost identical features; only that a fee simple title has more obligations attached to it than an allodial one does.
How can I get a fee simple title?
There are two ways to get a fee simple title. The first method is to buy outright the land that you wish to own. In this case, the seller does not have any obligations or duties towards you, so all you need to do is pay up and be on your way.
The second method is by leasing land from a landlord. This will allow you to buy the lease, which gives you ownership of the land and a number of easements and entitlements (which can be passed on).
What is a quit claim deed?
A quit claim deed is not the same as allodial title. It is again, something issued by government authorities which acknowledges the rights of the owner to the property.
Is a quit claim deed, secures a fee simple title?
A quit claim deed is not the same thing as allodial title. A quit claim is a government-issued document that acknowledges an allodial owner’s rights to the property.
What are the differences between an allodial title and a fee simple title?
Fee simple ownership allows an owner to accept an obligation of some type, such as paying rent or taxes. This is not possible with allodial title, since there are no obligations.
A fee simple title has several distinct benefits over the allodial title:
- If the land is sold under a fee simple title, the seller must pay the standard amount in tax on it (e.g., $200,000).
- Owners can sell their land with ease and still keep their property.
- Fee simple owners are not required to pass on the property to an heir, since they can decide who gets what before they die.
- A fee simple owner can get a mortgage or loan against the property and use the money in any way they like.
