County Recorder Won't Record Land Patent Due To Title, Wording, or Other Error

County Recorder Won't Record Land Patent Due To Title, Wording, or Other Error

Virtually every state has a statutory law, such as California's GC § 27280, that states “Any instrument affecting title to or possession of the real property may be recorded.” Simply search in Google for the state where the denial occurred and cite the proper law to the Clerk of Court. Since a land patent does in fact affect title to or possession of the real property - it must be recorded.

Filing a “Petition for Writ of Mandamus” will not always be successful in forcing the recording. Therefore, if the state still refuses to record the document, then use the following steps below:

1) Once you've obtained the legal description of the property (Section, Township, Range) and received a Certified Copy from the Bureau of Land Management (BLM) of all land patents or grants regarding the property described in the legal description, fill out the description of the property on a blank "Grant Deed Paper" obtained from any stationery store.

2) For the description of the property, insert the following statement: "See Exhibit A consisting of 1 page & Exhibit B consisting of ___ pages attached hereto and made a part hereof."

3) Exhibit A is the revised description of the property, typed up as it appears on the deed received after purchase of the property. Below this description, insert the following: "Also together with assignment of any and all rights, title, interests, privileges, and immunites as Assignee(s) of the original patentee(s) or grantee(s) to that portion or those portions of United States Land Patent No. ___, a Certified Copy of which is attached hereto as Exhibit B and incorporated hereat by reference, dated ___/___/___, originally recorded by on ___/___/___ in Book ___ at page ___ of ___ County Patents, as the same concern the herein described real property."

4) Take the unsigned Grant Deed with attached exhibits to a Notary Public for signing.

5) Take the signed Grant Deed and exhibits to the County Recorder’s office for recording. If asked what this is for, say "I'm just protecting my interests in my property.”