The Declarations Story

When I bought my place I discovered that land ownership is not as

straight-forward as I thought. What I received was a "Quitclaim Deed". This is
just what the name suggests, a legal statement granting to the grantee any
interest in the defined area of land that can be legally claimed by the
grantor. There is another kind of deed called a "warranty deed" which says
the words "conveys and warrants to" instead of "remise, release and
quitclaim unto". The quitclaim makes no promise that the grantor has found
out for sure if they have any interest to convey so they state only
"remise". It turns out that even the Warranty Deed only suggests a stronger
belief on the part of the grantor.
I did a bunch of reading on this subject in the U of O law library, in
order to see if I could really determine what I had bought. I also read a
book by Johnny Liberty called Allodial Titles and Land Patents, which I
don't really recommend but it did inspire further research.
So the story of ownership of my lot began with the military confiscation,
from the natives, of the west, by federal authorities. It was then Land
Granted by Congress to the State of Oregon to finance school construction
and the State of Oregon then Land Granted it to a speculator. The deed says
the words "grant, convey and confirm unto" instead of the "remise" phrase.
Given that the original interest held by the federal government is
legitimate (not in my view certain) then that deed created claimable
property. According to my reading in the library, the property must then
be claimed in order to be owned. This was done by posting a declaration of
claim conspicuously along the entire border of the property (over 100 acres
at that point), delivering a copy to all adjoining property owners and other
conceivable claimants, and to the County tax assessor's office. After two
months had passed the claimant would then have to get the declaration of
claim recorded at the County Recorder where the Land Grant is recorded. The
idea is that the Land Grant makes no guarantee that the grantee even exists.
The original Grant on my lot tells a story of the State's attempt to grant
the property to five other fellows who had in fact paid for it but who had
got right into spectulating before they could even get the deed written. So
the original Land Grant got written to the fellow they sold to. He only kept
it for three years though, and that was the average term of ownership until
1945, 65 years latter. Even then it wasn't claimed but the people at least
bought it to live there.
The main reason not to claim is it's a lot of trouble and another filing
fee. Lack of a claim also makes it possible to use it for collateral because
the lender has the option to do a claim if the loan is defaulted. If a
property is already claimed then no one else can claim it unless the owner
voluntarily conveys it back into limbo.
Since nearly everyone buys land as a business idea the "staking the
claim" has generally appealed only to people homesteading property that the
federal government is giving away. In that case the government issues the
Grant only after the claim has happened.
Claiming a property that has passed several hands turned out to be a bit
complex. The law requires that the claimant legally verify the entire chain
of conveyance from the last claimant. In my case that was the State of
Oregon. Fortunately no one did any trickery with my land. The County record
shows no unreleased interest. That is, everyone who was conveyed to either
died or conveyed to someone else. The compilation of this is called an
Abstract of Title. It must include the following items:
---a legal description of the property boundaries beginning from a
permanent verifiable spot.
---a copy of the plat map which includes the entire area, with the
property line visibly colored in.
 ---a list of entries describing each deed in the county record that
mentions the property.
---the tax summary sheet from the County Assessor's office for the
year just preceding the claim.
---the certification of the abstract.

The book I got the abstract information out of said that the law only
requires that the abstract exist (sort of like business tax records). It is
not shown to anyone or entered in the County record. At the request of the
County Clerk I showed it to the County Counsel (the county's attorney). He
said he had no idea what effect the declaration will have but after some
debate he saw no harm in letting me give the clerk $25 to record my
nonsense.
What I recorded was: a declaration of release from public ownership
called a Declaration of Land Patent, a Declaration of Covenants and
Restictions Permitting Use of the Land as a Public Park (by everyone living
within a defined area nearby) and an Affirmation of Posting (with three
witnesses). I have not hired a lawyer to research any of this and none of
the several lawyers I spoke to had ever studied any of this. It sounds right
to me but who knows.
The covenants and restrictions I intend as a ruse though it may not turn
out that way. I presume to repeal it on my deathbed given the circumstances
aren't due to a criminal act. If I don't repeal it and the property isn't
conveyed to my heirs, it will be, on the new owners, a blight on their
sovereignty there; one of my life's stupid ironies, or perhaps an hypocrisy.
That current law backs my restrictions is a bit ominous.
Here are the forms I wrote:

DECLARATION OF LAND PATENT

recording requested by
name__________________
addr__________________
city__________________
& state

Declaration of Land Patent

State of ________/United States Land Grant to ________________________

and their heirs and assigns forever,
Recorded in________________ on the ______day of_________,18____
by___________________________,title of same_________________.

Know all people by these presents:

That I,_______________________, hereinafter called claimant, do solely

certify and declare Patent on a portion of this land in my name and to
my heirs and assigns for 99 (ninety-nine) years from the date of this
instrument.

Property so sought to be Patented; legally described and referenced

in the records of __________County:__________________________________
county record of original patent
identical to that listed above; is to-wit:

(legal description of property)

No claim is made herein that claimant has been assigned the entire tract
of land described in the original Land Grant. This assessment is inclusive
only of the above legal description. The filing of this Declaration of
Land Patent shall not deny or infringe on any right, privilege or immunity
of any other assigns to any other portion of land covered in the above
described Land Grant to ________________ in _______________________of
the records of the State of __________/United States.
This declaration shall be conspicuously posted at the four corners of the
land herein claimed for no less than 60 days commencing ________________
and shall be delivered to the _____________County Assessors office and
to each adjoining property owner before the same date.

I,___________________ do swear and state that the above is true or is

believed by me to be true and correct to the best of my ability, and
that I have secured an abstract verifying the same.

__________________________
State of ________________ claimant
County of________________

On this the ____day of_________19___, before me, the undersigned Notary

Public in and for said County and State, personally appeared the within
named _________________known to me (or proven) to be the person whose
name is subscribed to the within instrument, and acknowledged to me that
he executed the same for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal
the day and year last above written.

_________________________
(seals of notary and claimant) Notary Public
my commission expires:________

******************************************************************
AMENDMENT TO DECLARATION
 The declaration of Land Patent attached to this instrument is to be
incorporated in this instrument as fully and to the same effect as if
contained in this instrument in its entirety.

PART ONE
Declaration of Covenants and Restrictions
Permitting Use of Nimsy Ward as a Public Park

I,__________________, hereinafter called declarant, declare that, for

the purpose of promoting neighborhood familiarity, the premises, hereinafter
called Nimsy Ward, described in the Declaration of Land Patent annexed to
this instrment, exclusive of enclosed buildings presently there, is hereby
dedicated for park use by all owners and tenants of the residential lots in
Blocks numbered _____________________________ of _____________Addition to
the City of_______ in the State of ____________, hereinafter called the
Benefited Parties, subject to the following restrictions:
1. The two designated parking spaces at Nimsy Ward will be reserved for
parking by the current owners and tenants of Nimsy Ward, hereinafter
called the Stewards.
2. The owners and tenants of the adjoining lot west of Nimsy Ward shall
have vehicular right of way without notice on the west seven feet of
Nimsy Ward from the street to the gate in their fence.
3. Use will be in daylight only, in that manner permitted in City parks.
4. Anyone suspected of a specific gross vandalism of the property may be
excluded by the Stewards for not more than 72 hours.
5. The Northeast quarter of Nimsy Ward will remain dedicated to the 30
foot sailing ship presently there or similar unregistered play vehicle.
6. No live trees greater than three quarter inch in cross-section will
ever be cut down or severely pruned except that hawthorn trees up to
four inches may be cut.
7. No herbicide may be used on Nimsy Ward except along boundary fences.
 8. No additional fences will be erected.
9. No rosebush at Nimsy Ward will ever be trimmed to less than one cubic
yard in volume.
10. No structures will be built on the present vacant area of Nimsy Ward
except porches and decks open to the Benefited Parties.
11. No fees will be imposed for use of the park.
12. The Stewards will keep no large or intimidating dogs at Nimsy Ward.
13. Maintenance and management will be entirely the privilege and respo-
sibility of the Stewards.

Should any mortgage or deed of trust be foreclosed on Nimsy Ward then the
title acquired by such foreclosure, and the person or persons who thereby
and thereafter become owner or owners of Nimsy Ward shall be subject to and
bound by all the restrictions, conditions and covenants set forth in this
instrument.
The declarant or any Benefited Party shall have the right to enforce, by
any proceeding at law or in equity, all restrictions, conditions, covenants,
easements and reservations now or hereafter imposed by the provisions of
this declaration. Failure by the Declarant or by any Benefited Party to
enforce any covenant or restriction contained in this declaration shall in
no event be deemed a waiver of the right to do so at a later date.
Invalidation of any one of the covenants or restrictions contained in
this declaration by judgment or court order shall in no way affect any other
provisions, which shall remain in full force and effect.
Covenants and restrictions of the declaration may be amended by duly
recording an instrument executed and acknowledged by the Declarant, his
deliberately and voluntarily declared heirs, or not less than three quarters
of the Benefited Parties.
The covenants and restrictions of this declaration shall run with and
bind the land, and shall inure to the benefit of and be enforceable by any
of the Benefited Parties thereof for a period of ninety-nine years from the
date of this declaration.
 This declaration shall be governed by, construed and enforced in
accordance with the laws of the State of Oregon.

Executed at__________________on this___day of_______19___

_________________________
declarant
PART TWO

Affirmation of Posting

We the undersigned, personally acquainted with the Declarant,___________,

herein certify that the entire contents of the Declaration of Land Patent on
page one of this document was posted at the four corners of the property
therein described for no less than sixty days, commencing the ______day of
___________, 19____.

State of__________ _________________ ________________________

County of_________ witness signature

On the day and year last _________________ ________________________

above written, before me, witness signature
the undersigned, a Notary
Public in and for said _________________ ________________________
County and State, personally witness signature
appeared the within named:

________________________ and the three witnesses cited above known to me to

declarant be the identical individuals described in and who
executed the within instrument, an Amendment to
Declaration, and acknowledged to me that they
executed the same freely and voluntarily.
 IN WITNESS WHEREOF I have set my hand and official
seal the day and year last above written.

_______________________________
Notary Public
my commission expires:____________

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Quitclaim Deed

Know all people by these presents, that ______________________________,

hereinafter called grantor, for the consideration stated,does hereby remise,
release and quitclaim unto ___________________________________, hereinafter
called grantee, and unto grantee's heir, successors and assigns all the
grantor's right, title and interest in that certain real property with the
tenements, hereditaments, and appurtenances thereunto belonging or in
anywise appertaining, situated in the County of ____________, State of
____________, described as follows, to-wit:
 (description of the boundary lines starting from a verifiable point)

Approved for recording

by City of ________

Date ________________

_____________________
Deputy City Recorder

To have and to Hold the same unto the said grantee and grantee's heirs,
successors and assigns forever.
The true and actual consideration paid for this transfer, stated in terms
of dollars, is $__________.
In Witness Whereof, the grantor has executed this instrument this ____day
of _________, 19 ___.

_______________________________________
Grantor

This instrument will not allow use of the property described in this
instrument in violation of applicable land use laws and regulations.
Before accepting this instrument, the person acquiring fee title to the
property should check with the appropriate City or County planning
department to verify approved uses.

State of _________, County of _________, on this date, _______,

19 ____, personally appeared the above named
 _________________________________________
Grantor

and acknowledged the foregoing instrument to be their voluntary

act and deed. Before me:

___________________________________________
Notary Public for the State of ____________
My commission expires:
_____________________

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 sample entry

____________
entry number

____________ _________ Deed

Grantor (type of deed)
Date of instrument?_____________
TO Filing date?_______County?_______
Instrument No.?__________________
Consideration?___________________
____________ Estate conveyed?(i.e.fee simple)
Grantee Defect in instrument?___________

Legal description:_____________________________________________
_______________________________________________________________

Regularly signed, sealed, witnessed and acknowledged.(if true)

(additional notes if necessary)

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 ____________
entry number

State of ________, County of _________

I hereby certify that the annexed abstract, which I have furnished to

myself,_____your name______, for use in perfecting the title to
premises covered thereby, is a correct abstract of the title to the land
described in the caption thereof, to-wit:

(legal description again)

in the aforesaid County and State.

I also certify that said abstract correctly shows all matters affecting
or relating to the said title which are of record or on file in said county,
including conveyances, deeds, trust deeds, land and other liens, attachments
and foreign or domestic executions in the hands of the sheriff, certificates
of authority to pay taxes, suits pending by or against me,notices of Federal
liens, tax sales, tax deeds, probate proceedings, special proceedings and
unsatisfied judgments and transcripts of judgments from United States and
State courts against me,notices of liens on bail bonds or recognizances
filed against said premises or against me; that said abstract also shows all
bankruptcy proceedings and certified copies of orders of adjudication and
orders approving bonds of trustee in bankruptcy proceedings by or against
any party who, within five years past, has been an owner of record of said
land or against me on file or of record in said County; that all taxes and
special assessments against said premises are paid in full to and including
the taxes for the year just prior to this and that there are no outstanding
installments of special assessments to become due in the future.

Dated in the City of ______________, this____day of_________19__

_______________________
(personal seal of the author) signature of the author
of the abstract.

***********************************************
This is the certification I used, copied verbatim from an very old book
whose title I didn't write down. My abstract has never faced a court
challenge or been studied by a lawyer. I can offer no guarantee of
completeness or even validity. The author of the book was not a sovereign
citizen that I know of.

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