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Allodial title - Wikipedia, the free encyclopedia <br />Page 4 of 5 <br />Two states, Nevada and Texas, have created limited allodial title provisions in order to protect property owners <br />from the burden of highly increased property tax burdens which often occur when unincorporated land becomes <br />part of a town or city. <br />Nevada allows persons who own and live in single family residences to obtain allodial title on land they own if <br />the land is free of mortgage and tax arrears. Nevada accepts a payment based on an actuarial calculation of the <br />present value of the future property taxes payable given the age of the youngest person who holds title to the <br />property. Once [his amount is paid, a certificate of allodial title is granted. Property taxes owing are paid by the <br />state treasurer from the funds paid to obtain the certificate. Allodial title is subject to exemptions from seizure in <br />debt or banktvpty under homestead laws, and the taxes are paid by the state treasurer as long as the original owner <br />remains in the home. However, like the barons under Magna Carta, Nevada law still allows the seizure of property <br />if it is used in a criminal enterprise. <br />Other institutional property ownership can also be called allodial, in that property granted for certain uses is held <br />absolutely and cannot be alienated in most circumstances. For example, property held by universities and colleges <br />for educational purposes can be described as having allodial title. In most states, property held by churches for the <br />purpose of worship also has status similar to allodial title. American Indian reservations also share some similarity <br />with allodial title. However, in all these cases, it is also clear that if the title ceases to be used for the purposes for <br />wfiich it was granted, it reverts to the state or the federal government. <br />Difficulties with allodial title <br />Although allodial title cannot be last in most circumstances, that also means that it cannot be transferred or <br />encumbered without losing its allodial status. As such, when a property owner dies and leaves ownership to more <br />than one heir, the allodial status of the property is lost. Allodial title cannot be mortgaged. Moreover, as liens can't <br />attach to allodial title, it is difficult to have improvements made to a property as once incorporated, they become <br />part of the allodial title and become exempt from lien or seizure of the property to pay a contractor's bill. <br />Allodial title cannot not be taken away against the will of [he owner (title holder) as the owner is sovereign over <br />the allodial property. However, an allodial owner can contractually give up allodial ownership and that allodial <br />ownership can be restored or sold or passed on to an single heir. Allodial title cannot be taken away by fraud, only <br />by legitimate contract. <br />See also <br />^ Fee simple <br />^ Land tenure <br />^ Manorialism <br />^ Odalsret <br />External links <br />o Allodial title resources (http://www.paperadvantage.org/allodial.html) <br />^ .Court case where mortgage holder did not have allodial title recognized by court and sanctions were <br />applied (http://www.quatloos.com/taxscams/protcase/britt.htm) at quatloos.com <br />^ Nevada Allodial Title (http://nevadatreasurer.gov/specialprograms/allodial/info.html) <br />Retrieved from "http://en.wikipedia.org/wiki/Allodial_title" <br />http://en.wikipedia.org/wiki/Allodial_title 11/9/2005 <br />