The State of XXXX Has Said They Do Not Allow Allodial Title Here

The State of XXXX Has Said They Do Not Allow Allodial Title Here

That may be what is said at the county or state level; however, Allodial Titles / Land Patents / Fee Simple Absolute Titles go back to the original treaty that granted the land from one sovereign (e.g. Spain, Mexico, France, Native Tribes, etc.) to another (i.e. The United States of America). To obtain a clear chain of title, use the list below to find what treaty governs the state one lives in and to what year all deed(s) must go back to:

  1. The Treaty of Paris [Original 13 Colonies] (Britian to USA in 1783)
  2. The Treaty of Paris [Expansion & Confiscated Land Rights] (France, Spain, and the Netherlands to USA in 1783)
  3. The Louisiana Treaty (France to USA in 1803)
  4. The Red River Basin Treaty (Britain to USA in 1818)
  5. The Transcontinental [Adams–Onís / Florida] Treaty (Spain to USA in 1819)
  6. The Tyler-Texas [Texas Annexation] Treaty (Mexico to USA in 1845)
  7. The Oregon Treaty (UK to USA in 1846)
  8. The Treaty of Guadalupe Hidalgo [Mexico Cession] (Mexico to USA in 1848)
  9. The Gadsden [Purchase] Treaty (Mexico to USA in 1853)
  10. The Alaska [Purchase] Treaty (Russia to USA in 1867)
  11. The Treaty of Annexation of Hawaii (Hawaii to USA in 1898)

Many state constitutions (Arkansas, Wisconsin, Minnesota, New York) refer to allodial title, but only to clearly distinguish it from feudal title. Two states, Nevada and Texas, created limited allodial title provisions in order to protect property owners from the burden of highly increased property taxes which often occur when unincorporated land becomes part of a town or city. Allodial titles are known as udal tenure in Orkney and Shetland, the only parts of the United Kingdom of Great Britain and Northern Ireland where they exist, 

The Land Patent Search is an index to millions of ancestors in federal land patents from 1788 to the 1960s at the National Archives. Start with this index to get the information needed to obtain the applications for land patents which may be a rich source of genealogical information about a family. The same Internet site also provides access to images of patents.

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