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Can you do a land patent on a condominium?

Updated: 8/20/2019
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10y ago

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No. A condominium unit is a unique form of ownership whereby you only own a small percentage interest in the land. You cannot separate out your interest. In theory, you may "do" a land patent on the base land tract for a condominium project but you should carefully consider what you will get in the end for all your work and expense since you would then sell off the individual units by individual deeds. You could not "do a land patent" on a single condominium unit.

A land patent is the highest title to land that was originally acquired within the bounds of the United States by the individual person or private land company named on the patent. Patents were granted by state and federal governments and by sovereigns (especially English sovereigns) before there was a US government. Grantees generally acquired huge tracts of land, sometimes thousands or millions of acres which they then could subdivide and make a huge profit. Generally that original tract was broken up into smaller parcels, typically by deeds and land grants, and the transfers that followed constitute the title to the various tracts as they were subdivided and conveyed forward to become the residential lots and other tracts we have today.

In the United States there is current confusion about land patents whereby individuals are under the assumption that they own their property free and clear of the government's ability to impose taxes. They are under the mistaken assumption that their land cannot be taken for non-payment of taxes nor for any defaulted mortgage obligation. They are incorrect.

Any owner of land that grants a mortgage interest has voluntarily assigned their right in their land to the lender. Likewise, inhabitants of the United States have given the right of taxation to the government. They do not possess a "land patent". They possess a fee interest in their land, which is the highest form of ownership in this modern world. They have the right to the use and possession of their land, the right to sell or mortgage it, the right to leave it by a Will and if they die intestate the land will pass to their heirs at law under state intestacy laws.

Some websites are offering a package that allows you to file a "land patent" on your land. It is extremely time consuming and very expensive since you need to have your land researched back to its original grant and then file documents at some government department to register your "patent". Your ownership depends on your deed (nothing changed here) and it is important to realize having a land patent does not limit you from willingly going into debt or from forming contracts or from property taxes. It is "much ado about nothing". As usual, the entities broadcasting land patents and then offering package deals are the only ones who profit.

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Q: Can you do a land patent on a condominium?
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If you are not a heir to the land patent can you still secure the land patent?

No. In order to "secure" a land patent you must prove ownership and provide a chain of title from you back to the grantee in the original patent.


What is the definition of condominium?

A condominium is ownership in common with others whereby multiple owners own separate units in a structure (or structures) and a proportionate interest in the land and common areas.


When was the Oceanquest Condominium declaration of condominium signed?

You can visit the local land records office (local to Oceanquest Condominium) and search in the records for the Master Deed. It will show the date it was signed.You can visit the local land records office (local to Oceanquest Condominium) and search in the records for the Master Deed. It will show the date it was signed.You can visit the local land records office (local to Oceanquest Condominium) and search in the records for the Master Deed. It will show the date it was signed.You can visit the local land records office (local to Oceanquest Condominium) and search in the records for the Master Deed. It will show the date it was signed.


What is the declaration number for a condominium?

You may be referring to the filing number for a condominium declaration, which you can find in the local hall of records, the land-use office.


Can you sell a condo unit in NYS without condo declaration being recorded?

No, in New York State, you cannot sell a condo unit without the condo declaration being recorded. The condo declaration is a legal document that establishes the rights and obligations of condo owners and is necessary for the sale of the unit to occur. Recording the declaration protects the rights and interests of all parties involved in the condo transaction.


What is a bare land condominium?

Generally, bare land condominium is a term used in jurisdictions such as Alberta, Canada. A condominium plan is registered that subdivides bare land into separate smaller lots. A developer then constructs buildings on the parcels that may consist of multiple units or townhouse style units. The master lot is not common property as in a traditional condominium. There may or may not be common land included in the plans. In a bare land unit you buy the land and anything built on it. Many of the structural features such as roof, foundation, exterior walls, driveway, some landscaping, etc., must be maintained by the unit owner. Those obligations can be transferred to the condominium through by-laws. However, there can be much variation in bare land projects and you need to check the legal status of bare land condominiums in your particular jurisdiction and then review the particular project for details. If you contemplate a purchase you should be represented by an attorney who specializes in real estate and condominium law in your jurisdiction.


How do you patent property?

You cant patent real property, like land. You patent "things" or inventions, not actual, real property. Those are deeds. Now, you can patent things ON the property, but not the property itself.A Different PerspectivePerhaps you are thinking of a land patent. A land patent is an original grant of land from the government that claims sovereignty over that land. Think of the large land grants executed by the King of England during the colonial times. Those could be called land patents. The term is also used in other countries. The United States government granted huge land patents in its early days, some covering area of millions of acres.


How tall is a condo?

A condominium building may be as tall as local land-use allows.


Do you own land when you own a condominium?

You don't own any particular plot of land as an individual. You own a percentage interest in all the land in the condominium project along with all the other unit owners. That percentage is recited in the deed for each unit. You own a shared interest in the common areas and that includes the land.Generally, a condominium is a distinct form of ownership in the U. S. (and other countries) whereby an individual owns a unit and shares joint ownership of the common areas with the other unit owners, which includes the land. In addition to owning your own unit of a condominium building in fee, you would also be part owner of the land upon which the condominium is constructed.For example, a typical Massachusetts condominium deed would state: "Unit #2 of the Old Mill River Condominium together with a .05% interest in the common areas and facilities." That owner would own a .05% fee interest in the common areas along with the land encompassed by the condominium project. Similar language is used in other jurisdictions.For a discussion of what you own when you own a condo unit in the State of Washington see the following:http://www.ticorblog.com/blog/condo-or-co-op-whats-the-difference/See also the following related question discussing the difference between condominium units and townhouse units:Does_a_townhouse_own_the_land_beneath_it_whereas_a_condominium_owners_own_only_the_unit_plus_a_part_of_shared_common_grounds_and_amenities


Do zero lot line organizations fall under the Condominium Act?

Read your governing documents to determine the land-use covenants that apply to your property. It could be a home owners association or a condominium. Most states have separate codes for separate land-uses.


How do you find out legally if an apartment style condominium has a garage?

You need to visit the land records office, look up the master deed of the condominium and read it and all the other related documents for the sections that address parking.You need to visit the land records office, look up the master deed of the condominium and read it and all the other related documents for the sections that address parking.You need to visit the land records office, look up the master deed of the condominium and read it and all the other related documents for the sections that address parking.You need to visit the land records office, look up the master deed of the condominium and read it and all the other related documents for the sections that address parking.


What is a condominium slip?

According to the Fairfax (Virginia) Yacht Club:"A condominium slip is similar to an apartment condominium in that the owner receives a deed (which is insurable and recorded in the County Land Records) which carries with it the exclusive right to the use of the slip (the slip is owned by the owner and not rented or leased from the marina)."