Re: Libertarian Party lying?

Michael Price wrote:

>> Yeah, I have evidence and you did not reply to it. You just
> toposted so you could pretend that all I did was insult you.

>> > It's hard to believe you're trained in anything if you don't
>> > know that private real estate is a subset of private property.

No, I didn't ignore you, but your statement showed that you did not
comprehend the definitions.

Private property is owned absolutely by an individual, while real estate is
held with qualified ownership by person or persons. They are mutually
exclusive, not a set within a set.

Land, houses and chattel owned absolutely by an individual are private
property.

Land, tenements and hereditaments held with qualified ownership by person or
persons are real estate.

The set of all land is divided into land absolutely owned (private
property), estate held with an interest, and public lands held in trust by
government. Everything else is unclaimed land.



>> > There is no difference. You're an idiot if you think you've
>> > shown any difference.

If you failed to perceive the difference between "absolute
ownership" (dominion) and "qualified ownership" (interest), that's not
proof of my idiocy.

>> >> Private property is owned absolutely by an individual.
>> >>
>> >> Estate is the interest in property by a person such as a
>> >> corporation, or a tenant.
>> >
>> > No, real estate is quite clearly owned by a person by your
>> > own definition.

That is true - real estate is owned by a person, but not absolutely. And
that doesn't refute the statement about private property.

PERSON - in general usage, a human being, though by statute term may include
labor organizations, partnerships, associations, corporations, legal
representatives, trustees, trustees in bankruptcy, or receivers.
Black's Law Dictionary, 6th ed., p. 1142

So real estate can be held by a human being OR any other collective
ownership. Artificial "persons" such as corporations have no unalienable
right to own.

However, the definition of private property specifically limits it to an
individual. So private property, by definition, is land, houses, and
chattels owned absolutely by a single human being, and not by any other
person (human or artificial) or persons.

In states where "community property" is the rule, married couples cannot own
"private property", can they?


>> >> Private property is the "houses, lands, and chattels" owned
>> >> absolutely by an individual.
>> >>
>> > Sounds like real estate to ment.

Perhaps you did not comprehend the difference between "absolute ownership"
and "qualified ownership".

"OWNERSHIP - ... Ownership of property is either absolute or qualified. The
ownership of property is absolute when a single person has the absolute
dominion over it... The ownership is qualified when it is shared with one or
more persons, when the time of enjoyment is deferred or limited, or when the
use is restricted. " - - -Black's Law dictionary, sixth ed., p. 1106

Characteristics of absolute ownership : a SINGLE person has absolute
dominion.

Characteristics of qualified ownership : shared with one or more persons, OR
restricted, etc.,etc.

"ESTATE - The degree, quantity, nature and extent of
interest which a person has in real and personal property.
An estate in lands, tenements, and hereditaments signifies
such interest as the tenant has therein."
Black's Law dictionary, sixth ed., p.547

Remember: Real estate = estate = real property.

WHAT IS INTEREST?

INTEREST - ...More particularly it means a right to have the
advantage of accruing from anything ; any right in the
nature of property, but less than title.
Black's Law dictionary, sixth ed., p.812

Restating the definition for estate:
"An estate in lands, tenements, and hereditaments signifies
an advantage of the property the tenant has therein but less than title ..."

TITLE - "The formal right of ownership of property..."
Black's Law dictionary, sixth ed., p.1485

Restating the definition for estate:
"An estate in lands, tenements, and hereditaments signifies
an advantage of the property the tenant has therein but without the formal
right of ownership..."

Which explains why the government has the delegated power to tax estate, but
no delegation of power to tax private property.

PRIVATE PROPERTY - As protected from being taken for public
uses, is such property as belongs absolutely to an
individual, and of which he has the exclusive right of
disposition. Property of a specific, fixed and tangible
nature, capable of being in possession and transmitted
to another, such as houses, lands, and chattels.
- - Black's Law dictionary, sixth ed., p.1217:

Now do you see the significance of the type of ownership?

Perhaps this will clarify it further:

ALLODIUM - Land held absolutely in one's own right, and not of any lord or
superior...
Black's Law Dictionary, 6th ed., p.76

ALLODIAL - Free, no holden of any lord or superior; owned without obligation
of vassalage or fealty; the opposite of feudal.
Black's Law Dictionary, 6th ed., p.76

Private property held absolutely by an individual is allodium.
There is no superior, not even government.

"PRIVATE PROPERTY - As protected from being taken for public
uses..."

Conforms to the fifth amendment prohibition on the federal government taking
private property for public uses without just compensation.

In contrast, real estate CAN be taken for failure to pay taxes, and one
receives NO compensation for that condemnation. As the supreme court
recently ruled, the government can even condemn estate for PRIVATE USES.

PROPERTY TAX - "An ad valorem tax, usually levied by a city
or county, on the value of real or personal property that
the taxpayer owns on a specified date."
Black's Law dictionary, sixth ed., p.1218

Check with your own local constitution and laws to verify that "real estate"
taxes are limited to real estate. And it requires the owner to voluntarily
make a public record that his property is estate.

" For, the very idea that one man may be compelled to hold his life, or
the means of living, or any material right essential to the enjoyment of
life, at the mere will of another, seems to be intolerable in any country
where freedom prevails, as being the essence of slavery itself."
[Yick Wo vs Hopkins, 118 U.S. 356, 370 (1886)]

When people are told the facts about private property ownership, and that
they need not register it as real estate, many times disbelief triggers
them to say:?You?re wrong ... It?s the law!?

But understanding the nature of real law requires some digging. No mandatory
statute can violate a right. Furthermore, there is often a property
transfer tax which must be paid before the clerk will record the deed. No
right can be made liable for taxation. Therefore we are dealing with
something other than the right to property.

Here's an example from the Official Code of Georgia Annotated:

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 title to private
property and freedom are obviously ignorant, misled, and confused.

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.

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 of 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.
BL6 p.1375

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

"... where no public or private right is impaired by its interpretation in
the other sense (mandatory)."

Clever politicians.... 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. Recording a deed does not prove
ownership. The sole purpose for recording deeds is to give notice. Wouldn't
it be just as effective to place a legal notice proclaiming that any
claimants to the property in question have 30 days to present their claims
or forever waive that right?

Yup. That's all there is to it. Constructive notice in legal section of a
private newspaper complies with the obligation of "due notice" to third
parties.
" Notice - all claimants to property description (long.lat.) shall present
their claims within 30 days or forever waive said claims. Reply to box
xyz."

After 30 days, the newspaper will issue an affidavit if no replies were
received. That's evidence that no superior claim exists. If they do receive
a claim, you should have the seller clear the title before completing the
transaction.

In case you were unaware, a deed is not associated with private property.

DEED - A conveyance of realty. BL 6, p.414

REALTY - A brief term for real property or real estate. BL 6, p.1264

A ?Title Deed? for real estate, which is an interest in real property, is
not a title to private property. Neither is a fee simple title to private
property.

All you need is a "Bill of Sale" for transfer of private property.

So when one buys private property, there's no requirement that your
transaction be placed in the public record, nor are you in violation of any
law that is strictly limited to realty (real property held with an
interest).

Last little note: the U.S. constitution does prohibit States from accepting
anything but gold and silver coin as tender in payment of debt. So it would
be wise to buy your private property with a minimum of 21 silver or gold
dollars (and other valuable consideration).

If you have a Bill of Sale, with the sum in excess of 20 dollars (pursuant
to the 7th amendment), and an affidavit showing no superior claim, you will
have complied with the common law rules for alienating title to private
property.

Now you can pursue happiness, secure upon your own land, without requiring
the permission of any landlord... ah!

.

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