The designation of "allodial title" is used to distinguish the
absolute ownership of land by individuals from feudal ownership
whereby the land could be taken back at any time by the lord or
sovereign. Allodial land is free of obligations such as rent,
service, and it cannot be taken from its owner by any operation of
law. There can be no taxes, liens or mortgages. In theory, if the
owner of an allodial title was to grant a mortgage the allodial
status would be extinguished.
Although some of the founding fathers thought we should have
alloidal title in the United States it did not become part of land
ownership under U. S. Law. In the United States land is subject to
government rights of eminent domain, taxation and escheat. You
cannot obtain an allodial title for your property in the U. S. Some
state constitutions refer to allodial title, but it does not exist
in practice.
True allodial title is not part of the modern world in most
jurisdictions with some exceptions. Institutions such as Indian
reservations, universities and ecclesiastical groups have title to
land that is similar to allodial title. Notably, Texas and Nevada
had complicated allodial title application processes in the past
with an up front payment to the state treasurer for taxes. In other
words, those "allodial titles" are still subject to a degree of
government restriction.
Related Q&A：
How do you obtain an allodial title in Michigan？-Well, let me tell ya, obtaining an allodial title in Michigan ain't an easy feat. It involves a bunch of legal processes and requirements. First off, you gotta have a thorough understanding of the property laws in Michigan. Then, you might need to go through a series of paperwork and applications. Sometimes, it could involve dealing with local government offices and providing all sorts of documentation to prove your ownership and rights. It can be quite a headache, but if you're determined and have the right help, it might just be possible.
