Land registration

“ To create a right to use a lot of land for construction purposes, application shall be filed with the registration authority for the registration of the right. The right to use a lot of land for construction purposes is created upon registration. ”

“ Supposing that a strict registration law became necessary in the course of evolution, had this law been enacted for the purpose of protecting the land owners instead of plundering them the government would, naturally, have sent agents through the country to apprise the people of the new law and to help them register their property and keep their homes. ”

“ Where a house has been built on the land for real estate development obtained pursuant to the law, an application for registration shall, on the strength of the certificate of land-use right, be submitted to the department of housing administration under the local people's government at or above the county level. The department of housing administration under the local people's government at or above the country level shall issue a certificate of the ownership of the house after verification. ”

“ Another measure which may affect the well-being of settlers is the Family Home Protection Act, 1895. Any owner of land may settle as a family home the land, not exceeding, with all improvements, £1,500 in value, on which he resides and has his home, provided that at the time the land is unencumbered and he is able to pay all his debts without the land in question. As a precaution against the {102} concealment of liabilities, he is obliged to make an application to a District Land Registrar, who must thereupon give public notice of the intended registration. ”

“ It is obviously the main purpose of the section to declare, that after the lands are surveyed they shall be subject to sale, according to the general land system of the government; and, secondly, to subject them to the right of pre-emption as defined by the act of 1841, and to extend that right to lands unsurveyed as well as to those surveyed. ”

“ So far as lands are found in place when this is done, not coming within the exceptions as sold or held under pre-emption, the title, or at least the right to this land in place, is at once vested in the State or in the company to which the State has granted it, and the means of ascertaining precisely what lands have passed by the grant is to be found in the map of the line of the road, which is filed in the General Land-Office under provisions of the statute. ”

“ Those acts also provide that when, in the opinion of the president, 'a departure from the ordinary method of surveying land on any river, lake, bayou or watercourse, would promote the public interest,' the land may be surveyed, and sold in tracts of 2 acres in width, fronting on any such water, and running back the depth of 40 acres. ”

“ Under the homestead law three things are needed to be done in order to constitute an entry on public lands: First, the applicant must make an affidavit setting forth the facts which entitle him to make such an entry; second, he must make a formal application; and, third, he must make payment of the money required. When these three requisites are complied with, and the certificate of entry is executed and delivered to him, the entry is made,-the land is entered. ”

“ That citizens of the United States, and persons of certain specified qualifications, may file with the register and receiver of any land-district in which desert land is situated, a declaration of intention under oath, to reclaim within three years thereafter, by irrigation, a tract of desert land, surveyed or unsurveyed, not exceeding one section; and that upon payment of twenty-five cents per acre the applicant shall acquire an inchoate right thereto. ”

“ This act requires the commissioners of the State Land office to issue a certificate of purchase to every settler on the swamp lands belonging to the State, for forty acres of said lands, whenever such settler shall have resided upon it for five continuous years, and when he has drained the same so as to comply with the provisions of the Act of Congress making this grant to the State. ”

“ All land, to which any claims or rights of others have attached, does not fall within the designation of 'public land.' The statute also says that whenever, prior to the definite location of the route of the road, and of course prior to the grant made, any of the lands which would otherwise fall within it have been granted, sold, reserved, occupied by homestead settlers, or pre-empted or otherwise disposed of, other lands are to be selected in lieu thereof, under the direction of the secretary of the interior. ”

“ There are at least 1,000 acres of high, tillable land between the actual water line of the lake and the meander line as returned by the field notes and the plat of survey, and the land is covered by trees of more than a century's growth and growing down to the water's edge. In order to bound on the lake the lots would exhibit a totally different form from that which they take on the plat of survey and such boundary would violate every rule of statutory survey, by conveying lands not conforming to the system adopted by the government, and carried out ever since its adoption. ”

“ Not more than 160 acres in any one section can be entered, and no person can enter more than 160 acres or make more than one entry under these laws. An applicant must be the head of a family or twenty-one years of age, and a citizen of the United States, or he must have filed his declaration of intention to become a citizen, as required by the naturalization laws. The Land Office fee for an entry of more than 80 acres is $14; and for 80 acres or less, $9; and $4 210when final proof is made. Land to be entered must be entirely devoid of timber. ”

“ Hence the running of lines in the field and the laying out and platting of townships, sections and legal subdivisions are not alone sufficient to constitute a survey. Until all conditions as to filing in the proper land office and all requirements as to approval have been complied with, the lands are to be regarded as unsurveyed and not subject to disposal as surveyed lands. ”

“ The purpose of filing a map of definite location is to enable the land department to designate the lands passing under the grant; and, when a map of such a line is filed, full information is given, and, so far as that line may legally extend, the law perfects the title. It surely cannot be that a company must determine at its peril the extent to which its grant may go, or that a mistake in such determination works a forfeiture of all its right to lands.' 146 U.S. 570, 596, 13 Sup. ”

“ That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. ”

“ A person owning the paper title to a thousand acre boundary traceable to the Commonwealth without break or flaw, might not be the owner in fact of a single acre of land; as the whole boundary might be covered by senior grants or the natural objects called for, impossible to find.
The only way to be assured of a good title was to make a careful abstract, following that up by an actual survey and obtaining from any person in possession a written declaration that their possession and claim was not adverse to the title and claim of your vendor. ”

“ If he desires to preëmpt, and by payment to Government of $1.25 per acre for public land outside the limits of railroad and wagon-road grants, or $2.50 per acre for land within those limits, to obtain an immediate title, he must be sure that he does not fall within the two exceptions; for no one can acquire a right of preëmption who is the proprietor of three hundred and twenty acres of land in any State or Territory, nor can any one who quits or abandons his residence on his own land to reside on the public land in the same State or Territory. ”

“ The central competent authority shall establish the criteria for determining the aforementioned area and properties of land use. Applicants who have received land use permits, referred to in the preceding paragraph, may not change the functional zone and sub-zone; land reclamation shall be permissible only in urban-rural development zones and must meet the requirements for coastal and marine spatial planning. Applications for use permits, referred to in Paragraph 1, shall be filed with the competent authority of the relevant municipality or county (city) . ”

“ The general statutes of Congress in respect to homestead, pre-emption, and town-site locations provide that they should be made upon lands that are nonmineral, and in approving any such entry and issuing a patent therefor could it be tolerated for a moment that the Land Department might limit the grant and qualify the title by a stipulation that if thereafter mineral should be discovered the title should fail? ”

“ The system of location of lands is very well known, and any one who 202 wishes to gain full information respecting it cannot do better than procure one of the maps which the St. Paul and Sioux City Railway will send with pleasure, and which exhibits the lots in the possession of the State, and those which the Company have disposed of, or hold over for purchase, numbered. The districts are laid out in squares of 640 acres (5200 square feet to the front) ; but arrangements can be made by which 40 acres of land can be purchased. ”

“ The company's right of selection in the forest reserves is limited to such land as would, under the practise of the Land Office, have been available to individuals under the public land laws either for clearing and subsequent cultivation, or for grazing, or for any other purpose commonly classified by the Land Office as coming within the preemption and homestead laws. ”

“ The locative calls in this ontry are for a point two miles north of Harrod's Lick, and for a large buffalo road. If we reject the first call, the entry is void for uncertainty, for there is no definite starting point. If we reject the last call, the other is perfectly certain. The general leaning of courts has been to support entries, if it could be done by any reasonable construction. The law, indeed, declares, that every entry should contain a description of the land so certain that subsequent locators might be able to ascertain it with precision, and locate the adjoining residuum. ”

“ The character of the lands in the public domain is decided by the surveyors who execute contracts from the General Land Office for subdividing or staking the country off into townships and sections, according to our American system. ”

“ Provided, that this exception shall not continue to apply to any particular tract of land unless the entryman, settler or claimant continues to comply with the law under which the entry, filing or settlement was made. ”

“ Authorization for the headright was then passed on to a commissioned surveyor who ran off fifty acres for each person imported and located the grant in the area selected by the claimant as long as the land had not already been patented and had not been barred for white settlement in order to maintain peace with the Indians. Upon completion of the survey and of marking the boundaries, a copy of the record along with the headright certificate was presented to the secretary's office where a patent was prepared and a notation made of those imported. ”