A land patent is proof of title or right of a person to the piece of land he owns. This is the document that shows that the person is the actual owner of the land. It is granted by the government. With a land patent, the ownership over the land becomes absolute and unquestionable, and the land that is patented is unequiovcally yours.

Importance of a Land Patent

A Supreme Court judgment in U.S. v. Strong, described land patent as the type of proof of absolute title over a piece of land held in the US. The judgment stated that a land patent is the highest form of evidence of title and supersedes all other titles against government entities or other individuals. In other words, when you have a land patent issued by the land department, you are the unequivocal owner of the land. Getting a land patent is thus the most important aspect of land ownership.

Getting a Land Ptent

A land patent will be denied if the land has been bought or acquired by fraud. To get a land patent, you need a copy of evidence proving your rights to the land, such as a warranty deed, a well supported quitclaim deed, proof of inheritance, a documented assignment or other related documents. A quitclaim deed is a deed you obtain when someone else gives up their rights to the land and assigns it to you. Proof of inheritance can be a probated will. A documented assignment is a contract in appropriate written form in which the original owner assigns their rights to the land to you.

Steps to Take

To get a land patent, you need to go to the nearest Bureau of Land Management with your proof of ownership and details such as name of the state, county, section, township and range (known the "STRF Format"). If you don't know these facts, you can obtain them by request from the Bureau of Land Management. When you apply for a land patent, the Bureau of Land Management will photocopy and certify all your documents. The Bureau of Land management will then provide you with a certified/notorized letter that you must take to the County Records office along with a copy of the Land Deed. When you submit your documents, you must also submit a letter stating that the Land patent is being brought in your name. You are charged a fee for a land patent at both the County Recorder's Office and the Bureau of Land Management office, which you will have to pay upon submitting your paperwork to receive the land patent.

Source:

Law Notes: Land Patent

TeamLaw.org: Land Patents