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Allodial Title is a concept in property law, where an individual can own buildings, lands, fixtures or any form of real property free of cost. Moreover, they do not have to bear any financial burden like mortgage, tax, and liens. The property acquired through allodial title makes the individual the absolute owner of the property and therefore, no law or authority can take it over. However, in the United States such provisions are not possible and therefore, superseded. This is because all the land in the U.S. has taxes imposed on them and moreover, they are subject to eminent domain. Below are answers to few of the more common questions about Allodial Title: Can anyone exercise the provision of allodial title in Texas?
In the United States, the term allodial title is not used very frequently. Usually, the property owners have to pay very high property taxes when unincorporated land becomes a part of a town or city. Therefore, in order to protect those property owners from paying high taxes, the state of Nevada has introduced limited allodial title provisions. It was only until 2005 Nevada had permitted allodial title applications. The law that allows Texas to grant allodial rights appears to be an internet myth according to the research. Is it possible to have the provision of allodial titles under limited or specific conditions in Missouri?
It is very unlikely that you would get the provision of allodial title in Missouri as it is not considered as a legal concept there. Only Nevada had a common law doctrine and/or statutory that allowed allodial title. However, if all the parties give their mutual consent to this and there is a recognized mechanism, you may be able to achieve the same result. Can a local or state government take my land under eminent domain to build a road in it? I have a patent on that land.
It is not possible for you to stop a government from taking over your land under the system of eminent domain, unless you exert a physical force against them like a war. Nevada had the provision for allodial title in the past. But even if that were available to you as a choice, you cannot possibly stop the federal government from seizing your property. What is the concept of allodial title and is it legal in South Carolina?
It is a concept that provides the landowner the right to his or her property, which is superior to all interests, including the government. United states do not use this provision. Until 2005, Nevada State had given permission for its application. However, even then, U.S. government did not recognise the concept. The IRS could still confiscate a property in Nevada even if the property was given an allodial title. Thus, the allodial title is not a concept that is used across the country. However, when jurisdictions talk about the concept of “fee simple ownership”, they may use this concept. If you need any clarification about your particular situation with respect to Allodial Title, you may wish to ask a real estate lawyer.
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