Showing posts with label land ownership. Show all posts
Showing posts with label land ownership. Show all posts

Monday, December 14, 2009

Pt 3. The QLD Constitution 2001 & the Removal of all Ownership Rights in QLD

All Government tiers, including Local councils are now inside the Parliament of QLD.

The Members of the Legislative Assembly are clearly individuals and members of the corporation as defined in the Acts Interpretation Act 1954 sect 32 & 33.

Members of the Legislative Assembly are paid by the Parliament of QLD and are elected subject to the Election Act (Q) which is an Act enacted by the Parliament of QLD.

All elections held in QLD since 6th June 2002 are elections at common law but the Election Act of QLD is subject to the Uniform Civil Procedures Rules 1999 of QLD, therefore any vote given in any State, Federal or Council elections since that time are votes in name only.

The Acts Interpretation (State Commercial Activities) Act 1994 amended the Acts Interpretation Act 1954 to define "the State" to mean the Executive government of the State of QLD. Under the provisions of this Act, "the State" may carry out commercial activities 'without further statutory authority' and 'without prior appropriation from the public accounts' {s47C.(3)} Section 47C. defines 'commercial activities to include 'commercial activities that are not within the ordinary functions of the State' and these functions may be delegated by a Minister to an officer of the State who may subdelegate delegated powers to another officer of the State. An 'officer of the State means a chief executive, or employee of the public sector or an officer of the public service'.

The Second Reading Speech of the former Premier the Honourable Peter Beattie when he created the new Government of QLD, placed inside the Parliament himself as Premier (President), the Ministers, the Governor as a parliamentary secretary, the judges and justices of the Supreme and District Courts, the Supreme and District Court, the Local Government Councils.

The public officials are not public officials of "the Crown" but public officials of "the State" of QLD. As all real property has now been taken back by the State and held under the State corporation, the Brigalow Corporation, the public officials are in fact now working for the owners of the land, the State Government of QLD.

When the State of QLD removed the land and placed it under the ownership of the State, they did so without compensation or without a referendum.

Monday, December 7, 2009

The Colour of Law in Australia

Every Common Law country has been battling the ever increasing surge of Government regulations, which have been removing our ownership rights, personal & civil liberties, rights of free speech and free will choice, that has been a key feature of our common law rights as men and women.

Why?
Money.

After the great wars, most countries were made bankrupt. Australia in 1932. Our country was already in massive debt to the international bankers, based in the City of London (a 1 mile square in the centre of London dominated by banking, insurance companies, trading companies and the like) – as they had funded much of the original early colonisation growth.

The deal was that Australia could continue to borrow – without having to ever repay the principal – as long as the government met the interest repayments.

To to do that they needed assets and the labour of the Australian people was the only asset that could produce money.

Yet, we were free will people with the right to choose whether we would pay off a debt that was not of our making.

So, we were manipulated subtly but surely to agree to contract ourselves to that debt.

How?
By our voluntary agreement to register ourselves as assets, firstly of the government of Australia, then more securely under the corporate government of Australia.

Registering what –
Our children at birth – for which we are paid a fee (family allowance) to recognize our role as guardians.
Starting a bank account
Driver’s licence
Tax file number
Electoral role
Marriage certificate
Trade licences
Torrens Title land registration
Etc, etc

Registration
At birth, each child is worth $1 million to the government – the birth certificate is printed on bond paper.

At all stages of registration, your value increases allowing more borrowings.

In many US state documents, the state is not only listed as a third party to every marriage but as the primary party.

This voluntary and ongoing registration enters each of us in a situation where we became contracted to the government and are “forced” to obey laws that would not apply under Common Law.

Therefore we become subject to speeding fines parking fines, rates, dog registration, child innoculations, etc and when we protest, we enter the courts as guilty people having to prove their innocence.

Where is our Common Law?
Oh, it is still there, but as we are no longer Common Law people, having voluntarily given ourselves to the corporation as a chattel, we cannot access it.

And because we still appear to have a Constitution, we can still get a jury trial for murder, we can still appear to have a Monarch guarding us, we THINK we still have access to our long history of rights, when in fact we do not.

We have what is called the Colour of Law. Looks right, but is overlaid with something completely different.

And because the only legitimate money in the world is gold and silver, which government took away from us during the wars, we can only buy and sell with pretend money / fiat money, which ultimately means we have not really paid for anything properly.

Are we the true parents of our children any more? No, we simply mind them for the government, which is why they can step in and take them off us.

Do we truly own our cars? No, the manufacturer’s deed of production is held by government, we simply get to “rent” them yearly.

Do we truly own our land? No, we hold the paper title, but the government holds the primary title through our registering our land under Torrens title.

And 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, when he said “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.”

This explains why we cannot get Common Law relief in a court of law, why we are constantly told the Bill of Rights does not apply, why we have our home taken from us, when this is against common law, why government authorities think they can trespass freely on our land and in our homes.

We have voluntarily registered our rights away.

Sunday, December 6, 2009

A Grant in Fee Simple

The Abolition of Tenures Act 1660
In 1660, the Crown, at that time King Charles II, could no longer afford the upkeep of land and services to His subjects so therefore he abolished old tenures and allowed a statute law to be enacted for the sale of the lands of the Crown.

Original Letters Patent to Governor Philip
In the early days of the colony at Botany Bay, Governor Philip could only transfer the ownership from the Crown to the original settlers after nominating a parcel of land. This then had to be surveyed, and given a Lot number for identification.

Register of Lots
The officers of the Crown had then to make entries in the register of Lots.
The title deed that ensued carried a Volume number, folio number and the Lot numbers.

A Grant in Fee Simple Title Deed
All land in Australia was sold into private hands through a Grant in Fee Simple Title.
There is no other manner under which land can be sold into private ownership in Australia.
The new owner of this title was required to hold a Deed.
The original deeds were signed by the Governor of the State, after first determining that all purchase monies had been paid. “Now Know Ye that for and in consideration of the said sum for and on Our behalf well and truly paid into the Treasury of Our said State before these Presents are issued and of all and singular the premises, WE HAVE GRANTED and for Us Our heirs and Successors DO HEREBY GRANT unto the said (person), Heirs and Assigns.........subject nevertheless to the several and respective reservations hereinafter contained that We do Reserve unto Us Our Heirs and Successors all minerals…..”
The Governor signed “In witness whereof I have hereunto signed my name and affixed my Seal….”
This then, is a very legal Instrument of Law, a Contract with not just with the Crown via the Seal, but with the actual Sovereign Majesty, his/her Heirs and Successors.
This Instrument is a Deed in Trust with the current Queen Elizabeth as the Successor to the Crown; it is a Trust in Inheritance and a Trust in Equity.
That means that the act of purchase of a Grant in Fee Simple Title carries the right to pass on the estate through an Inheritance, a right which is protected by the Constitutional courts of Australia.
A Trust in Equity is the purchaser’s right to retain his equity (equality) of value in his land. So that when the Parliament requires the resumption of the land the Crown has sold, it must be under Just Terms Compensation.

What does a Grant in Fee Simple Title give us?
There are 4 elements of ownership that are carried in a Fee Simple Title Deed.
1. The purchase of any structures or buildings that are on the land - tenements
2. The right to build any structures of any kind on the land - messuages
3. The right of ownership of all natural elements on the land, to an indefinite extent above the land, and to the very centre of the earth – corporeal hereditaments
4. The right to use the land in any manner including to waste the land. (Waste being a legal term meaning to take back to bare rock or destroy) – incorporeal hereditaments

The rights do not include:
1. Ownership of any water on the land as water cannot be owned, as it is moveable. Only the use of the water while it is on the land.
2. The right to injure a neighbour’s enjoyment and use of his property.
3. The right to trespass on another’s land without his permission.

Proprietorship of a Grant in Fee Simple Title
This is the legal term for our ownership. We are proprietors of the Fee Simple Grant. Which means we operate the Title during the period of our ownership.
Our proprietory rights are often called ‘natural rights’.
We hold a Proprietas plena – full property, including not only the title, but the usufruct, or exclusive right to the use.

Tenants in Common
Our Grant in Fee Simple Title deed lists the new owner as a Tenant or Tenant in Common.
Tenant in Common indicates an ownership of 2 or more people holding the land together, where that ownership entitles each to an equal share of the Incorporeal Hereditaments inherent in the title, also known as the profits from the land.
The other term for Commons is Right of Common.
The Crown reserves to itself only minerals or other natural elements. However this Crown reservation must be listed on the Title Deeds to be legal.
In the event that we die without heirs, the Crown resumes sole ownership of the land (escheat).

Definitions: It is vital we remember that legal words often have a different meaning than the particular word in common usage. Blacks Law Dictionary is the best reference.

Tenant: One who holds or possesses lands or tenements by any kind of right or title.
Tenement: Houses, buildings or anything that may be holden of a permanent nature - a holding of land. Also includes rents and etc.