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

CONVEYANCING ACT 1919
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.

A Grant in Fee Simple v Torrens Title & More

Can Part of a Fee Simple Grant be Sold?
No. The elements of ownership in a Grant in Fee Simple Title are attached to the land itself. We simply manage that ownership for a period of time.
To sell land with one or more elements removed is to sell something completely different.
And to then call the land title Fee Simple would be fraudulent.
For example, one owner may place natural elements of land under a covenant, removing these elements from ownership use, however at the moment a sale is completed the new owner has the return of all rights inherent in the Title.
These rights are not the owner’s to remove or separate, they belong to the land.
It has been said that we simply attach ourselves to the immense rights for the period of ownership.

What is Freehold Title?
Many people believe they own their land under a Freehold Title. They do not! However, Public servants and the documents they provide sometimes use the expression Freehold for land ownership because it does not carry the rights of the true title of Fee Simple.
A Freehold Title only gives the owner the right to buy, sell and inherit land – no other rights are included.
Freehold is a part of the Fee Simple Title, the expression being ‘mergeable therein.’

What is Torrens Title?
Remember back to the Register that the early colonial officials used to record the Lot numbers of land? See A Grant in Fee Simple posting.
The issue of protecting land ownership was very real, and often legal matters concerning the land ownership, were not known prior to a purchase, so the potential new owner had areas of jeopardy to concern him.
Sir Robert Torrens developed the Land Registry to include every element of the land ownership, including mortgages, liens on properties, etc., in order to allow a legitimate list of all the interests attached to the deeds to be available to a potential owner.

Torrens Title is NOT a form of land ownership. It is a record of land ownership only.
You must have purchased your land under a Grant in Fee Simple Title, must have paid for your land in order to complete the sale, BEFORE the land title change can be lodged under the Torrens Title system.
Torrens Title is only able to record dealings or the “chain of title” attached to the land.
More importantly, we can never own our land under a Torrens Title, because it does not and never will allow for the ability to inherit. A right which is guaranteed by the Queen, Her Heirs and Successors.

Official Deception
This, however, is where the State & Federal Parliaments are participating in removing our ownership.
On documents from the Australian Government, Department of Families, Housing, Community Services and Indigenous Affairs it is stated – “The most common type of ownership is “Torrens Title”…As long as any repayments on mortgages are kept up to date and there are no government or council plans to resume the land, Torrens title ownership offers the most permanency. As a Torrens Title owners 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. “
The document does not refer to a Grant in Fee Simple Title in any manner other than Common Law or Old System title.
On the Department of Lands website dictionary it states - Title Conversion: The action taken within Land and Property Information, Department of Lands to convert parcels of Old System land to Torrens title. It includes actions under Part IVA Real Property Act 1900 and the more recent Conversion Actions (CAs).
The statement from the Dept of Families is an outright lie. Torrens Title can never be how we own our land and to state it is, in an attempt to attach our land ownership to the rates and parliamentary acts which remove ownership rights, is criminal.
And to replace Common Law system titles (ie. Fee Simple) with Torrens Title is and outright theft of our ownership rights by parliamentary legislation.

The Abolition of Tenures Act 1660
“Alienation of land – Charles II A.D. 1600
IV. And be it further enacted by the authority aforesaid, that all tenures hereafter to be created by the King’s Majesty, his Heirs and Successors, upon any gifts or grants of any manors, land, tenements or hereditaments, of any estate of inheritance at the common law, shall be in free and common socage only, and not by knights service or in capite, and shall be discharged of all wardship, value and forfeiture of marriage, livery, primer siesin, ouster-le-main, aide pur fair fitz Chivalier and pur file marrier; and law, stature, or reservation to the contrary thereof in any wise notwithstanding."
In this act, the expression "free and common socage only" – tells us we do not have any debts attached to our land once we purchase it. Regardless of any law, statute or reservation to the contrary.

IMPERIAL ACTS APPLICATION ACT 1969
Sect. 36 Alienation of fee simple
Land held of the Crown in fee simple may be assured in fee simple without licence and without fine and the person taking under the assurance shall hold the land of the Crown in the same manner as the land was held before the assurance took effect.
12 Charles II c 24-The Tenures Abolition Act 1660 -s 4. 37 Tenure
All tenures created by the Crown by way of the alienation of an estate in fee simple in land after the commencement of this Act shall be taken to be in free and common socage without any incident of tenure for the benefit of the Crown.

This Act is Australian law and duplicates the Abolition of Tenures Act 1660 in stating that we buy (take) and are assured (guaranteed) our land free of any debts.
Alienation means to legally transfer title to a property in real property law.
With no incidence of tenure means the Crown has no holding or occupying right over the land.

CROWN LANDS ACT 1989
Sect. 169 Title to land
A person who has acquired land from the Crown by way of purchase or exchange (other than a person who has acquired land under a lease from the Crown by way of exchange) under this Act has an estate fee simple in the land.

REAL PROPERTY ACT 1900
Sect. 135A Definition of “owner”
In this Part:
"owner", in relation to land, means any person entitled to an estate of freehold in possession in the land:
(a) whether in fee simple or for life or otherwise, and
(b) whether at law or in equity, and
(c) whether absolutely or by way of mortgage.

Definitions
Alienation: In land law, the transfer of the property, tenements and other elements from one person to another.
Licence: In property law this is an authority to do a particular act or series of acts on another's land without possessing any ownership rights to do so.
Fine: Any payment or rent from a tenant to a lord.
Common Socage: consideration of all kind, whether monetary or physical, taken from the profits of the land.
Tenure:the holding of land under a superior ownership