An allodial title is used to distinguish absolute ownership of land, buildings, and natural things (trees, etc.) on a piece of property. Allodial titles are inalienable and cannot be taken away by any operation of law for any reason.
The concept of allodial title is what many jurisdictions in the United States refer to as “fee simple” ownership. To get fee simple ownership of a piece of property, the property deed has to be in your name. Keep in mind that the conditions under which the government can compel the sale of privately owned real property for public necessity are established by eminent domain laws of either the federal or state governments, respectively. This is why the United States refers to the “fee simple,” ownership.
In order to obtain an allodial title, that property must be free of liens, mortgages, encumbrances, and any tax obligations.
Important steps must be taken to acquire the title, and the first place to start is by going to the “Bureau of Land Management,” in your state, where you can establish who rightfully owns the land. Search the County Recorder’s Office for information on the property. You must search back to the original land grants, ensuring that there are no hidden clauses in the title.
Provide legal documentation, such as the original title, deed, description of the property (tax statement, real estate contract or tax assessment), as well as the original survey to make a claim. It would good to get a legal description of the property in ‘land patent’ format, (section/township/range) for instance, and a real estate attorney can help provide you with the necessary information. Request a certified copy of the land patent.
File a land deed at the local registry office, and make a claim as heir to the property.
Fill out a “Declaration of Acceptance of Land Patent,” a legal form, which is free from your county courthouse. Provide all the details, and sign this form in front of a notary public. When filing for the land patent, make sure to get certified copies of the warranty deed, quit claim deed, and the land patent. File these copies at the Clerk and Recorder’s office, where the county keeps their land records.
Place a public notice of your acceptance of the land patent in your local newspaper. Obtain a copy of the newspaper and keep the page with your notice on it, including the date, and file it in a safe place.
Post the certified copies of your ownership, declaration of acceptance and the land patent itself on the bulletin board at your county courthouse. You may want to photograph your posting to have visual proof of your action.
Once you have done the necessary steps, and have registered with the county, you have full ownership of the property, and all the documentation to prove it is solely yours. It is best to note that in the United States, the land ownership is limited by the four government powers, which are taxation, police power, eminent domain, and escheat. So, though you own the property, it is seldom considered an actual allodial title, and better referred to as “free simple” ownership.