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jetgraphics
6th July 2010, 11:28 PM
Land is land. But type of ownership determines whether it is real estate or private property.

The three facts that establish allodial title (according to the rules regarding auctions under admiralty / maritime) are:
1. Buyer has the right to own,
2. Buyer alienates title with lawful money,
3. No superior claim exists.

[1] For an absolute right to own, it is now apparent that one should not be a participant in national socialism. All enumerated participants have pledged their property as collateral. Likewise, if one is exercising political liberty - voting and holding office - one must register their property as estate.

[2] Alienation of title (the collection of facts that establish ownership) by lawful money (gold / silver dollars) also includes gift or bequest. No mortgages allowed (two or more claimants makes ownership qualified).

[3] No superior claim can be established by giving due notice in the local county newspaper of record. Thirty days before the final transaction, place a legal notice (which should include a reply box number provided by the newspaper) wherein you describe the property and request that all claimants must come forward within 30 days or forever waive their claims. After 30 days, the newspaper will issue an affidavit to the claims or lack thereof.

You should investigate your own state's laws on the topic, but I suspect that they will not be much different than what I found in Georgia.

Official Code of Georgia Annotated states:

O.C.G.A. 44-2-1. Where and when deeds recorded; priority as to.
" Every deed conveying land shall be recorded in the office of the clerk of the superior court of the county where the land is located. A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed."

The word "shall," on first reading, gives one the impression that it is mandatory. End of discussion. The proponents of allodial land and freedom are obviously ignorant, misled, and confused, say the pundits.

But there's another side to this word play...

" There is no Georgia statute compelling the recording of a deed."
- - - Encyclopedia of Georgia Law, 8 A, p. 265, Sec. 132

Is this not contradictory?

What makes BOTH the statute and the encyclopedia right?

What if "shall" didn't mean "shall"? Go back and review the little section on law pertaining to mandatory versus directory statutes.

There's the key: shall means may if a private or public right is impaired by its interpretation as shall.

Clever politicos.... They write a "law" in a form to persuade you that you are obligated to perform to it, but in truth, they have not. You are under no obligation nor is there a consequence for not obeying a directory statute.
And there's more to it than meets the eyes.

" Sole purpose and effect of recording of deed is to afford third parties constructive notice of the existence of the deed."
- - - City Whsle. Co. v. Harper, 100 Ga.App. 151, 110 S.E. 2d 561 (1959)

The court ruling is clear and to the point. The sole purpose for recording deeds is to give notice.

You can give notice by public recording of a deed, as real estate, or by legal notice, as private property.

In short, you need to restore your absolute right to own, alienate title with at least 21 silver dollars (7th amendment protection), and have proof no superior claim exists (via legal notice, and the newspaper's affidavit to that effect).

Verify this for yourself - it's in the law - in any county courthouse law library.




P.S.- Since the protections afforded to an owner of private property change when 2 or more have a claim, it explains why coverture was practiced. A wife transferred her private property to her husband's sole ownership to preserve it from falling to estate. "Community property" ownership by a married couple is not private property, and has no constitutional protection.

________________
SHALL - As used in statutes, contracts, or the like, this word is generally imperative or mandatory... But it may be construed as merely permissive or directory (as equivalent to "may"), to carry out the legislative intention and in cases where no right or benefit depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense.
Black's Law Dictionary, Sixth ed, p.1375

In short, if a law violates a right, "shall" becomes "may", and no longer compulsory.



More info:
http://groups.yahoo.com/group/NASP/message/454

jetgraphics
7th July 2010, 02:39 PM
There is an opposing view ... not that I believe it ... rather that it is a prevalent view


The 10 PLANKS stated in the Communist Manifesto
1. Abolition of private property and the application of all rents of land to public purposes.
.
.
.


Already covered here:
http://gold-silver.us/forum/constitution-and-law/people%27s-democratic-socialist-republic-of-america/