How To Get A Land Patent

If you own land in the United States, you may have heard of a land patent.

A land patent is a legal document that grants you the title to land that is held by the federal government.

It is the highest form of land ownership, and it can protect your property rights from any third-party claims or government interference.

But how do you get a land patent, and what are the benefits and challenges of having one?

In this article, we will explain what a land patent is, how it differs from a deed, how to apply for one, and what to consider before doing so.

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What is a Land Patent?

A land patent is a form of letters patent that assigns official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter’s signing, sealing, and publishing in public records, made by a sovereign entity.

It is usually granted by the federal government to an individual, partnership, trust, or private company.

A land patent is both a process and a term. As a process, it is somewhat parallel to gaining a patent for intellectual property, including the steps of uniquely defining the property at issue, filing, processing, and granting.

A land patent is known in law as “letters patent” and usually issues to the original grantee and to their heirs and assigns forever.

The patent stands as supreme title to the land because it attests that all evidence of title existent before its issue date had been reviewed by the sovereign authority under which it was sealed and was so sealed as irrefutable.

How Does a Land Patent Differ from a Deed?

A deed is a legal document that transfers ownership of land from one party to another.

It usually contains information such as the names of the parties involved, the description of the property, the consideration (price or value) paid for the transfer, and any covenants or warranties that apply to the transaction.

A deed must be signed by both parties and recorded in the county where the property is located.

A deed differs from a land patent in several ways.

First, a deed is not issued by the government, but by private parties who have acquired their rights from previous owners or from the government.

Second, a deed does not grant absolute title to the land, but only conveys whatever interest or rights the grantor has in the property.

Third, a deed may be subject to various encumbrances or limitations that affect the use or enjoyment of the property, such as liens, easements, mortgages, taxes, zoning laws, or environmental regulations.

A land patent differs from a deed in that it grants absolute title to the land from the government to the grantee.

It does not depend on any previous owners or transactions.

It also does not contain any encumbrances or limitations that affect the use or enjoyment of the property.

How to Apply for a Land Patent?

To apply for a land patent, you need to follow these steps:

  1. Prove that you own the land. You need to provide evidence that you have acquired your rights to the property from previous owners or from the government. This may include deeds, receipts, surveys, affidavits, court judgments, or other documents that show your chain of title.
  2. Locate your original land patent. You need to find out if your property was ever granted a land patent by the federal government in the past. You can search for your original land patent online at the Bureau of Land Management’s website or at the National Archives. You can also visit your local county recorder’s office or historical society to look for copies of your original land patent.
  3. Prepare your application for assignment of reversionary interest. You need to fill out an application form that requests the assignment of reversionary interest from the federal government to you.
  4. Submit your application and supporting documents. You need to send your application form, along with your proof of ownership, your original land patent, and a $25 filing fee, to the Bureau of Land Management’s office in your state. You can find the address and contact information of your state office at the Bureau of Land Management’s website. You should also keep copies of all your documents for your records.

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