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BAR OVERSIGHT CHALLENGE
VALID ESTATES IN REAL PROPERTY
(Recognized under constitutional and patent law – all others are administrative fictions)
1. Fee Simple Absolute
Definition: Complete ownership of land with full rights of possession, alienation, and inheritance.
Authority: Steel v. Smelting Co., 106 U.S. 447 (1882); Blackstone, Book II, Chapter 1
Status: Only estate capable of being lawfully conveyed by Land Patent.
2. Fee Simple Determinable / Conditional
Definition: Ownership that reverts to the grantor upon the occurrence of a specified condition or event.
Authority: Inherited from English common law; modified by early equity courts
Status: Rare in the U.S.; void if used to violate treaty or patent protections.
3. Life Estate
Definition: Right to use and enjoy land for the duration of a person’s life, after which the property passes to another (remainderman).
Authority: Blackstone’s Commentaries; accepted in early American property jurisprudence
Status: Lawful only when created by written deed or will consistent with patent title.
4. Estate at Will
Definition: A tenancy where possession is granted by the owner without a fixed duration and can be terminated at any time.
Authority: Common law tenancy principles
Status: Not an estate in title; merely a use privilege, not conveyable by patent.
5. Estate by Dower or Curtesy
Definition: A widow's or widower’s legal right to a portion of deceased spouse’s estate.
Authority: Rooted in colonial law and early state constitutions
Status: Lawful under natural law of succession but does not override trust or patent restrictions.
UNRECOGNIZED OR ADMINISTRATIVE PROPERTY CLASSIFICATIONS (FRAUDULENT RECLASSIFICATIONS)
These are not property estates. They are administrative labels created after 1933 to assert regulatory or taxing authority under color of law:
• Agricultural property
• Commercial property
• Industrial property
• Recreational or Mixed-Use
• Zoned parcels (R-1, C-2, etc.)
• Tax parcels
• Improvement District Lots
None of these classifications carry any lawful effect over patented or abstracted land unless the owner voluntarily contracts into them or Congress enacts authority to override the land patent (which has never occurred).
These terms have been materially altered in practice and application to defeat private land title protections, override Land Patent supremacy, and unlawfully empower county and probate courts to divest property from rightful owners without full lawful due process or congressional authority.
Additionally, there is a documented and willful practice of misguiding property owners and claimants to apply artificial classifications—such as “agricultural,” “commercial,” or “industrial”—to lands that are in fact held as “private property” and “real property” under:
• The original U.S. Constitutions of 1787, 1789, and 1790, which recognize only “land,” “effects,” and “property” without zoning subclassifications;
• Federal land patent doctrine, which conveys land into private ownership immune from classification conversion;
• Abstract title law, which evidences fee simple ownership unencumbered by administrative redefinition.
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