Monday, December 7, 2009

What is a Deed?

The foundation of all land ownership is founded in the Hebrew/Christian faith that says "The Earth is The Lord's and the fullness thereof, the world and they that dwell therein." In other words; everything that exists belongs to God; we are all His property; so is the land, and we are occupiers of the land under a "Deed of Grant, in trust.

Legal definition of Deed – A sealed Instrument, containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs.

Now it is worth considering the fact that a Deed also evokes a Covenant, because a covenant is a very important word.

I previously mentioned that the basis of Common Law was biblical. Let’s look at the Coronation Ceremony of Queen Elizabeth II.

1. Elizabeth, daughter of King George VI, next in a line of succession to a Throne going back almost 1,000 years, ascended to it the same manner as Her predecessors
2. She publicly acknowledged Her own need for a saviour and accepted Jesus The Christ as that saviour.
3. She was handed a Christian Bible and accepted it as the standard by which She would Reign over Her people.
4. She was crowned with a Crown, the highest point of which is the Cross of Jesus Christ, as Head of all the countries then concerned.
5. Likewise, She accepted the symbols of the power of Her office; the sceptre and the orb. She is Commander-in Chief of all armed forces and police forces throughout those lands and members of those forces swear allegiance to Her.
6. She acknowledged that Jesus Christ had promised that He will return and stated that She would hand Him those symbols of power and then bow before Him.
7. This is why She and He predecessors are all known as "Regina" or "Regent;" because they stand in the place of another.
8. By right, we tell our "representatives" in Her Parliaments what laws we want passed and how we want to be governed, from day-to-day. Her representatives tell Her what we have collectively asked; She consults Her history (She has records of all the world's governments going back into that history), Her "Privy Council" and Her Bible and if these all agree to our request She issues Her Royal Ascent and it then becomes Law.
9. She can make no law.
10. She must remain above and out of politics.
11. No law has authority until She gives Her assent.
12. It is not the power She has that counts; it's the power that She denies others that they are concerned about and want to remove.

Queen Elizabeth has publicly declared that the Bible is the greatest book on earth. That ‘book’ must be used to make a sworn oath, it must be found in every court in this land, politicians are required under the Australian Constitution to swear their oath to the people of the commonwealth on that ‘book’.

The Oath of the Constitution is
I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. SO HELP ME GOD!

The Affirmation of the Constitution is
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law.

We are not a democracy; we are a constitutional Christian Monarchy and it is not possible to be both. Only a republic can be a democracy.

Legal Definition of Covenant – In the Law of Contracts an agreement, convention or promise of two or more parties, by deed, in writing, signed, sealed and delivered, by which either of the parties pledges himself to the other that something is either done or shall be done, or stipulates for the truth of certain facts.

So, Her Majesty Queen Victoria, has pledged through her authority as the protector of the inheritance of the Crown (which is God the Father, Jesus Christ and the Holy Spirit), to Covenant with us through this Grant of land, this Deed of Trust. And because she gives a ‘Power of Attorney’ in the form of the Letters Patent to her servants the Parliament of Australia, the Governors and Governor-General, they are bound by that pledge just as surely as if it were their mouth that had spoken the words, their heads that had carried the Crown, and their hands that had accepted the scepter and the orb.

When these entities of corporate government dare to attempt to steal that which is not theirs in the form of this covenant relationship over our land, they are spiritually breaking the Word of God, wherein He promised to us, through Victoria, Her Heirs & Successors, the free occupation of our land.

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Information about our Deeds


23B Assurances of land to be by deed
(1) No assurance of land shall be valid to pass an interest at law unless made by deed .
50 Rights of entry etc
(1) Every right of entry, contingent remainder, and every contingent or executory or future estate, right, or interest, or possibility coupled with an interest, in property, may be conveyed by deed
(2) Any conveyance of a present right of entry in any land, other than a conveyance to the person in possession thereof, and any covenant or agreement for, or promise of a conveyance (other than as aforesaid) of the same shall be void as against the person in possession or those claiming under him or her unless the person conveying or covenanting, agreeing, or promising to convey, or the person through whom he or she claims has been in possession of the land within twelve months from the date of the conveyance, covenant, agreement or promise.

First point – no one can transfer an Interest in our land without holding the deed.
Remember an Interest is a partial ‘ownership’.
A Mortgage is an Interest until such time as the money is finally paid, hence the bank holds the deeds.
At all times we must know where our deeds are.
If we are to protect our land ownership we must hold the deeds.

Information has been given to us to indicate that banks are not providing the deeds when the mortgage is cleared and it has taken some people over 6 months to get their deeds. When they have been returned the deeds are stamped Archival and have holes punched in them. Other information has indicated that the relevant government departments in QLD have been destroying not only deeds, but any document carrying the Seal of the Crown.

A recent case in America concerned the Deutschebank foreclosing on 13 home owners. The court demanded the bank produce the deeds to prove their right of debt. They were not able to and the court refused to allow the foreclosure. At the point of the mortgage being signed, the bank sells the debt onto other customers, sometimes going through 3-4 hands. Therefore it is more common than not that the bank does not have your deeds any more and will not be able to find them.

In that event, apply to the court for a new copy.

Second point – Your deeds indicate all the rights on your land.
Which means that your deeds carry your title, any reservations, any mortgages, any easements, encumbrances, etc.
They are the legal proof of your rights on your land.
If it is not attached to your deed, is has no legitimacy over your land.

Three important High Court cases verify our land rights via the Torrens Title register.

• LAPIN & ANOTHER v ABIGAIL [1930] HCA 6; [1930] 44 CLR 166 (28 March 1930)
A bank mortgage was held over 2 parcels of land. The owner Lapin owed money to and handed over the deeds to a second party in exchange for paying out the bank. The new owner Heavener borrowed money privately from Abigail to pay out her bank mortgage, Abigail took a caveat over the land. Lapin contended he had not sold the land but only given the deeds as surety. As Lapin’s ownership was still registered under the Torrens Title, he was decreed as the real owner of the land.

“Under the Torrens' system it is registration of a dealing which operates to extinguish inconsistent equitable titles. The system provides the machinery of caveats in order to enable the owner of an equitable interest to forbid registration and thus preserve his equity.”

• PIRIE v REGISTRAR-GENERAL [1962] HCA 58 (1962) 109 CLR 619 (30 November 1962)
The registered proprietor of the land asked the Registrar-General to cancel a notification on their certificate of title and the RG refused. The High Court ruled in the land owner’s right.
“….it seems to me that it is not for the Registrar-General to decide whether an entry should be cancelled because it was not authorized by s. 88(3) and then to act upon his own decision, ……”

“It follows, I think, that the Registrar-General whose duty it is to put no unauthorized entries in the register book is under a corresponding duty to remove any that ought not to be there.”
“………the Registrar-General had, in effect, refused - and refused improperly - to issue to the applicant a certificate of title under the Act.”

• HILLPALM PTY LTD v HEAVEN’S DOOR PTY LTD [2004] HCA 59 (1 December 2004)
A portion of land had been divided, council had required an easement to the land-locked block be registered as attached to that portion. It was not done. At a later date, after blocks were sold, the new owner of the land-locked block demanded the court enforce the easement. Although the correspondence and council plans indicated the easement, as it was not attached to the deed it could not be enforced. The new own lost the case.

“The respondent now has no registered easement of way over the appellant's land. None is recorded as an exception, encumbrance or interest on the title to the appellant's land. Can the respondent compel the appellant to grant it such an easement and compel the appellant to construct a track along that easement?”

“"Notwithstanding the existence in any other person of any estate or interest which but for this Act might be held to be paramount or to have priority, the registered proprietor for the time being of any estate or interest in land recorded in a folio of the Register shall, except in case of fraud, hold the same, subject to such other estates and interests and such entries, if any, as are recorded in that folio, but absolutely free from all other estates and interests that are not so recorded".

Barwick CJ said in Breskvar v Wall:
"The Torrens system of registered title ... is not a system of registration of title but a system of title by registration. That which the certificate of title describes is not the title which the registered proprietor formerly had, or which but for registration would have had. The title it certifies is not historical or derivative. It is the title which registration itself has vested in the proprietor."

These 3 cases clearly show that nothing can be attached to our title without our permission, whether it is a mortgage, or an easement or whatsoever. However, government documents are giving fraudulent information on the truth of ownership.

A report published by the Australian Government Department of Families, Housing, Community Services and Indigenous Affairs states –
“There are many forms of ownership title including –
• Common Law or Old System Title
• Torrens Title
• Company Title
• Strata Title
• Community Title
• Perpetual Lease or 99 year Lease
"The most common type of ownership is ‘Torrens Title’. This usually applies to a standard residential suburban house with its own yard. Some townhouse or courtyard blocks also have Torrens Title. As long as repayments on mortgages are kept up to date and there are no government or council plans to resume the land, Torrens Title offers the most permanency. As a Torrens Title owner you are responsible for the cost of all rates, services, maintenance and improvements to the property. Subject to regulations, you can alter the building or property. You might also have to meet the terms of any building ‘covenants’ you have signed. These are agreement with developers that have terms and conditions about alterations.”

The details of this whole document are not just in error, they are fraudulent and criminal. This document, designed to give details of home ownership, can only lead us to assume that government have a deliberate plan to remove true land ownership through deception and misinformation. As well, this document places government in false ownership of our land via such statements as “you are responsible for…all rates….”

A document from eChoice Home Loans, states “Old system titles can be converted to Torrens title.”

Information from QLD is that several years ago, landowners were encouraged to turn in their “old titles” and were then given a Torrens title registration. Torrens is now compulsory in QLD.

Domain Financial Services states – “Torrens Title is the most common form of property title in Australia. All previous and current owners are listed on the one deed, as are all previous mortgagees etc. Also know as "RPA" standing for "Real Property Act", the legislation that governs the operation of Torrens Title.”

And there are many properties for sale listed as Torrens Title properties.

Mr Kerry Shine, Minister for Justice and Member for Toowoomba in QLD stated that in a reply to a letter from a constituent, published in the Toowoomba Chronicle August 11, “Finally, in relation to Mr Patch's third enquiry (TC 25/07), Common Law land rights have not applied to Queensland freehold land since the introduction of the Torrens Land Title system in 1861 or the leasehold lands which are governed by the Lands Act 1994. The "Brigalow Corporation" simply administers land pursuant to this Act. This system functions effectively to protect the interest of private landholders in Queensland.”

Common Law land rights being a Grant in Fee Simple.

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