By Judge Anna von Reitz | Big Lake, Alaska
I sometimes get questions from people who are confused and laboriously trekking through the fine points of traditional (but no longer applied) British Land Law, and get queries like — what’s the difference between a Freehold and a fee simple estate?
The British Government, such as it is, lost all common sense in the 1750’s and polluted traditional British Land Law with Admiralty Law, under the influence of Lord Mansfield, to create a new form of law called “Special Admiralty” or “Equity Law” via which the British King proposes to impose his “Equity” on our land.
That is, the British King placed a secretive naval lien against the property of his Subjects to pay his debts, and instituted a special form of Admiralty Law to enforce this theft of the birthrights of Englishmen. They used this merciless law most often in the Commonwealth, also known as “Territorial” jurisdiction, but they also used it to devastating effect in Ireland and Scotland.
The Irish Resettlement that occurred in the 19th Century was just the latest in a long, long string of abuses inflicted on the Irish by British Overlords, but also marked the expansion of this evil system of “law” into the wider world.
It was, for example, the form of law used by the Raj to enforce the infamous “Salt Laws” that taxed the entire Subcontinent of India and prevented people from obtaining salt from the sea unless they paid for the “privilege”.
Our Forefathers openly rejected Lord Mansfield’s scheme, which was unveiled in the wake of what we call the French and Indian War, and this refusal to participate in Special Admiralty Law became one of the underlying pillars of the American Independence Movement.
Nonetheless, the British Monarchs imposed “Equity Law” on the Colonies and throughout the Commonwealth. The Americans were the only ones to successfully resist, until the French also rebelled against similar abuses in their country by the French King, and finally, India refused under the leadership of Mahatma Gandhi, more than a century and a half later.
After the French and Indian War and the struggles with Napoleon that created the humongous war debts that led the British to adopt Special Admiralty Laws in the first place, the new King’s Equity Laws proved so profitable, that they were left in place and used to generate claims of public trust interest applied to land assets throughout Britain — essentially, creating a Slush Fund that was then used to bribe politicians and foreign political leaders, all funded on the backs of the victims and at the expense of their private property interests.
To say that all this was “diabolical” would be more than fair; the Scottish Jurists who invented this form of law called their apprentices “Devils” and proudly printed “The Devil’s Handbook”.
Anyway, this was all very much a matter of public knowledge and commentary in the American Colonies before and after the Revolution. After the Revolution, we continued on our way, practicing American Common Law, and our British “inhabitants” who remained Subjects of the King, adopted Special Admiralty.
The British inhabitants on our shores who retained their allegiance to their King and who adopted the King’s Equity Law did so as British Territorial Citizens and they suffered under it as “Territorial Law” as if the Revolution never happened, while living here cheek and jowl with the rest of us.
As new States were added to the Union, they briefly functioned under this same British Territorial Law, under the provisions of the Northwest Ordinance.
What does this have to do with land law today?
Well, the Brits among us can’t actually own land. All land ownership in their system is vested in their King, and thus is called “real estate” which means “royal estate”.
Territories remain under Territorial Law, until they attain actual status as States of the Union—- which allows the King to issue “titles” on the Territorial lands granted to his loyal Subjects — his tenants.
Brits are tenants wherever they go, subject to confiscation of their land assets and “titles” by the King and his Officers.
So you have an entire hidden populace of British Territorial Citizens living here and when they obtain land interests under Territorial Law, they only obtain a Real Estate Title to it, and that frail “interest” is all that they can pass on to anyone who buys their interest in the property.
This has been a great plague in the Western United States, which have remained in quasi-Territorial Status ever since the Civil War, owing to the fact that our actual Government hasn’t been in Session and therefore, never acted upon their requests to be enrolled as actual States of the Union. Until now.
This has left a great many Territorial Citizens (called U.S. Citizens) and Americans misidentified as Territorial Citizens, with nothing but “land titles” and only a tenant’s interest in property that the Americans, at least, naturally believe to be their own private property.
There are two remaining obstacles standing in the way to private land ownership for Americans living in their own country — (1) they have to declare their birthright political status as Americans to be able to actually own land in this country; (2) they have to obtain and claim and publish their underlying United States Land Patent, which most people neglect to do, which leaves them in the King’s Tenant position, and suffering under “Special Admiralty Law”.
So, one more reason for you, if you are an American, to declare and record your political status and then, having established that you are eligible to own land here, to bring forward and publish the United States Land Patent that is owed to you.
To make your declaration and join your State Assembly, go to: http://www.TheAmericanStatesAssembly,net.
To find your land patent, contact the Bureau of Land Management. Once located, chase down the “chain of title” that demonstrates how the Patent is left open for you to claim, and stand ready to prove that you are eligible to claim it, then publish your claim for sixty (60) days in a public venue.
And that’s it. It’s yours. And whether or not it is in a Western State, as of 30 September 2020, it is defined as privately owned land in an American State of the Union, and it is not subject to any title or Administration by any of the King’s Officers.