EAGLESTAR.NET LAND AND PROPERTY REVIEW
http://www.eaglestar.net
Issue #80
October 30, 2009

IN THIS ISSUE:
Properties of the Week:
- CA, CO (2), KY, VA
Real Estate Roundup:
- Understanding Real Estate Title, Pt. 3
Sponsor's Corner:
- Ruger Ranch, AZ
Auction News:
- GA, IN, KY, MO, NE, NM, OK (3), SC
Buyers List Update
LandTerms.com Term of the Week:
- Free and clear title


"Success is relative: It is what we can make of the mess we have made of
things."
- T.S. Eliot (American poet, playwright, and critic, b. 1888- d. 1965), from
'The Family Reunion' (1939)


PROPERTIES OF THE WEEK
SE Kentucky Timber Land
17,500 Acres - $26,250,000
Located in southeastern Kentucky. Rolling to mountainous acreage with streams
and branches bordering the Daniel Boone National Forest. Marketable timber and
a yearly income from coal hauling right of way, also great potential for
outdoor adventure development, such as ATV, horseback riding, etc. Listing ID:
20235. Photos, map, and seller contact information at
http://www.eaglestar.net/vibbert.html

Home Site with Mountain Views
Costilla County, USA
5.3 Acres - $4,500
The San Luis Estates South subdivision is located in Southern Colorado. This
5.3 acre lot has an excellent gravel/dirt road running along the north. A nice
lot in the wide open valley with fabulous views of the long range of the Sangre
de Cristo Mountains. Listing ID: 25624. Photos, map, and seller contact
information at http://www.eaglestar.net/cgray.html

13 Lot Waterfront Subdivision/Family Compound
Greenbush, Accomack County, Virginia
28.5 Acres - $599,000
13 lot subdivision on navigable Hunting Creek, completed and ready for
building. Located with access to Chesapeake Bay, docks can be built on private
waterfront lots. Whole subdivision would be perfect for a family compound.
Listing ID: 18269. Photos, map, and seller contact information at
http://www.eaglestar.net/dvs.html

Two Eagles Horse Ranch
Westcliffe, Custer County, Colorado
46.4 Acres - $888,900
Custom Colorado home with extensive horse improvements. Gorgeous setting in the
Wet Mountain Valley. A private gated road provides entry into the National
Forest. Enjoy wonderful mountain views. Property includes 10 acre mining claim
which allows a second building site. Listing ID: 25762. Photos, map, and seller
contact information at http://www.eaglestar.net/zmr.html

Main Street Beauty 4BR Home
Ferndale, Humboldt County, California
0.25 Acres - $505,000
Main street beauty with all the modern amenities along with the old charm. Walk
to downtown shops & restaurants. 10 min drive to ocean beach. 4BR, 2BA, 2-story
home, built in 1894 and recently updated. Listing ID: 25755. Photos, map, and
seller contact information at http://www.eaglestar.net/ekt2-.html


REAL ESTATE ROUNDUP:
Understanding Real Estate Title - Part 3:
Feudal Title, Strata Title, Company Title, and the Torrens System

The first article in this series explains the basic concepts of real estate
title, and can be found at http://www.eaglestar.net/newsletter/index.cgi?ID=78

The second article explains limits and governmental constraints on real estate
ownership, and answers the persistent question of whether or not allodial title
(real estate ownership free of limits or constraints) actually exists in the
United States. View it at http://www.eaglestar.net/newsletter/index.cgi?ID=79

In this, the third article in the series, we take a look at the distinctions
between common types of real estate ownership, both historic and contemporary.
First is "feudal title", which, although perhaps not the exact opposite of
allodial title (Issue #79), can at least be thought of as a rather sharp
contrast.

Q: What is feudal title to real property?
A: Feudal title is a system of real estate title based on old English law.
Under this system, all lands were owned and taxed by the king or other
sovereign, who granted the right to possess real estate. Real estate was held
as a life estate only, meaning that ownership reverted to the king or other
sovereign upon the death of the grantee. Under the feudal system of title, also
known as feudal tenure or land tenure, owners of real property did not have the
right to pass the property on to their heirs.

In most cases, the king or queen gave large parcels of land to lesser royalty
(lords, dukes, earls, etc.), known as tenants-in-chief, who divided the land
and granted ownership to lesser tenants in return for goods or services. These
lesser tenants divided the land in turn and granted ownership to even lesser
tenants, and so on. Different types of tenures required different types of
services. A very common type of tenure was military tenure, the terms of which
dictated that the holder of the tenure and the real property must supply
soldiers (knights) to the lord who granted title to the land.

Q: Does the feudal system of title still exist?
A: The feudal system of title prefaced the decline of feudalism itself,
beginning in the late 1200's A.D. By about 1650 A.D., military tenure had been
abolished, effectively ending the feudal system of title, although its
influence still remains. Many of the relationships and concepts that
characterize modern leases, tenancies, and estates are directly based on land
tenures and the feudal system of title. Two present-day examples are the life
estate and the landlord-tenant relationship.

Q: So part of our current real estate ownership laws are based on feudal title
to real estate. Are there other systems of title that are in use today?
A: Yes. Some of these, like the Torrens system, seek to address discrepancies
in real estate ownership law that is based on historic common law. Others, like
strata title, have been developed specifically in response to more modern
dilemmas - like how to describe the portion of a condominium building owned by
each resident.

Q: What is Torrens title?
A: Torrens title is a system of title to real property, invented in 1858 by Sir
Robert Torrens when he was Premier of South Australia. Under this system, a
government Registrar of Titles maintains records of land ownership, including
Certificates of Title, in an official Land Register. The Torrens system was
implemented due to inconsistencies and problems in proving land ownership under
commom law. In short, the deeds or other instruments registered under the
Torrens system are given legal priority over all other documents, claims, or
facts, either recorded or unrecorded, that exist in the chain of title. In
fact, the Torrens system does away with the need for a chain of title. A
prospective purchaser of real estate only has to examine the legal interests
and other title information contained in the Land Register to meet his or her
obligation of due diligence. This is due to the fact that under the Torrens
system, the state guarantees indefeasible title to all registered real
property.

Q: What is a Certificate of Title?
A: A Certificate of Title is a document issued by the Registrar of Titles for
real estate registered under the Torrens system of title. The Certificate of
Title is considered conclusive evidence of the present ownership and state of
the title to the property described therein. The state guarantees indefeasible
title to lands with a Certificate of Title.

Q: What is indefeasible title?
A: It is a right or interest in real property that cannot be voided, altered,
challenged, undone, canceled, defeated, or annulled by any operation of law.

Q: Does Torrens title exist in the United States?
A: Yes. Iowa is the only state to have the majority of its land area under the
Torrens system of title, but the system is also used to a limited degree in
Colorado, Georgia, Hawaii, Massachusetts, Minnesota, New York, North Carolina,
Ohio, and Washington. Each state implements the Torrens system in a slightly
different way.

Q: What is strata title?
A: This type of property ownership was first used in Australia in the early
1960's. Strata title began as a form of ownership for buildings with multiple
levels or floors, such as condominiums or apartments. It has since been
expanded to include most multi-family complexes, even if they have only one
story or floor (such as townhouses). With strata title, the property owner has
title to the space within the walls of his or her particular unit, as well as
an undivided interest in a proportion of all common areas. Strata title has
replaced company title in most areas where it exists.

Q: What is company title?
A: Company title is a form of ownership of units of a larger building, such as
apartments or condominiums. Under this form of title, the unit owners formed a
company, and property title was in the form of shares of the company. These
shares allowed owners to occupy a unit in the building. Company title was
cumbersome and often did not clearly define who owned a particular unit,
leading to inaccuracies and confusion. Company title has been replaced by
strata title in most areas.

In next issue, we'll point out the differences between title to real estate and
an estate in real property. If you want a clear and concise explanation of
these concepts as wellw as terms like fee simple and qualified fee, don't miss
this issue. We'll mail it November 13.

In the meantime, you can find definitions for title and other real estate
terms, and explanations of concepts at Landterms.com.
http://landterms.com/Title_and_Title_Insurance/index.html


SPONSOR'S CORNER
Ruger Ranch Land For Sale
Prescott, Yavapai County, Arizona
36 Acres - $179,900
Enjoy this untouched frontier where you can hike and ride amid rolling hills
and endless blue skies. Once a private retreat of renowned firearm designer
William B. Ruger, this beautiful stretch of Arizona's landscape truly
solidifies Ruger's passion for the American West. Listing ID: 26167. Photos,
map, and seller contact information at
http://www.eaglestar.net/Detailed/26167.html


AUCTION NEWS
Browse thumbnail photos and short property descriptions at
http://www.eaglestar.net/Land_Auction_Calendar/index.html

Excellent Dry Farm Land and Pasture
Auction: Tuesday, November 3, 2009
Julesburg, Deuel County, Nebraska
2,395 Acres
Dryland and pasture to be offered separately, in combination, and as a single
unit. The dryland is located in a highly productive area with the pasture being
in excellent condition with above average fencing and livestock water.
Investment opportunity to add to your current cattle/livestock ranch operation,
farming operation, or to build your dream home on an acreage with panoramic
views. Listing ID: 25929. Photos, map, and seller contact information at
http://www.eaglestar.net/fsk.html

Senah Plantation - Timber and Managed Hunting Land
Auction: Friday, November 6, 2009
Leesburg, Lee County, Georgia
1,800 Acres
Senah Plantation recreation and hunting retreat in the heart of Georgia
plantation country. Offered divided and in its entirety. Professionally managed
world-renowned hunting. Fantastic development potential. 8,000 feet of river
frontage. Extensive amount of merchantable timber. Paved road frontage.
Excellent fishing. Small tracts available. Extensive internal road system.
Listing ID: 25990. Photos, map, and seller contact information at
http://www.eaglestar.net/ww1.html

Quiet Country Living Close to All the Amenities
Auction: Friday, November 6, 2009
near Luther, Oklahoma County, Oklahoma
451 Acres
451 acres for sale in Oklahoma County. Property features include rolling hills,
trees, pastures (some fenced), some parcels with paved road frontage, ponds,
creeks, and great views. Great for homes sites or ranchettes. Listing ID:
26068. Photos, map, and seller contact information at
http://www.eaglestar.net/ww2.html

Oklahoma City Area Land and Homes Auction
Auction: Friday, November 6, 2009
Oklahoma City, Oklahoma County, Oklahoma
360 Acres
Homes plus 360 acres for sale. Barns, outbuildings, rolling meadows and fenced
pastures. Residential and commercial land and several residences minutes from
Oklahoma City. Auction Nov. 6. Listing ID: 26069. Photos, map, and seller
contact information at http://www.eaglestar.net/ww3.html

Home Sites, Recreation, Horse or Cattle Farm
Auction: Friday, November 6, 2009
Seminole, Seminole County, Oklahoma
1,200 Acres
1,200 acres in 14 parcels. Includes home sites, recreation land, mobile home,
corrals, barn, fenced pastures, ponds, creeks, pecan trees, and more. Listing
ID: 26070. Photos, map, and seller contact information at
http://www.eaglestar.net/ww4.html

Historic Irvin Ranch For Sale
Auction: Tuesday, November 10, 2009
Harrisonville, Bates County, Missouri
3,420 Acres
The Historic Irvin Ranch is a true working cattle ranch located just minutes
from the luxuries of the city. This property is one of the largest contiguous
ranches in western Missouri. It will be offered in tracts and combinations for
the first time at auction. Listing ID: 25821. Photos, map, and seller contact
information at http://www.eaglestar.net/snydr.html

Hunting and Recreation Paradise
Auction: Wednesday, November 11, 2009
Harlan and Leslie Counties, Kentucky
3,369 Acres
This property is an avid hunter and outdoorsman's paradise. The property is
adjacent to the Daniel Boone National Forest. Deer, black bear, bobcats, turkey
and wild horses roam this property. Listing ID: 26117. Photos, map, and seller
contact information at http://www.eaglestar.net/cmar1-.html

Seneca Valley Farms For Sale
Auction: Thursday, November 19, 2009
Clayton, Union County, New Mexico
9,813 Acres
The Seneca Valley Farm property features 6,105 deeded acres with 3,976
irrigated. In addition, there are 3,550 acres of leased land. Don’t miss this
excellent investment opportunity. All the components to operate as a complete
farm / livestock property. It is being offered in 19 tracts and can be
purchased by individual tracts, combination of tracts, or as a whole. Listing
ID: 25822. Photos, map, and seller contact information at
http://www.eaglestar.net/bsn.html

Hunting and Fishing Land, Includes Anchor Lake
Auction: Saturday, November 21, 2009
Elberfeld, Warrick County, Indiana
151 Acres
This property is an outdoorsman's dream come true. Fish for fabulous big bass
and crappie, hunt waterfowl, deer and turkey all on your own land! The tracts
consist of 21, 30, 49 & 51 acres. Listing ID: 26132. Photos, map, and seller
contact information at http://www.eaglestar.net/cdel1-.html

8 Parcels Hunting Land For Sale
Auction: Saturday, December 12, 2009
Aiken, Aiken County, South Carolina
360 Acres
Hunting property with excellent environment for whitetail deer and other game.
Good supply of cypress, white oak and other hardwood species. Selling in eight
parcels, ranging from 15 to 86 acres, you can offer bids on combinations to
achieve a property that that meets your needs perfectly. Listing ID: 26186.
Photos, map, and seller contact information at
http://www.eaglestar.net/dle3-.html


BUYER'S LIST UPDATE
http://www.eaglestar.net/Land_Buyers_List/index.html

Find the properties you are looking for by placing unlimited free buyer's ads
on Eaglestar.net. This service is intended for serious inquiries only. It's
fast, easy, and best of all, free. Navigate to
http://www.eaglestar.net/pages/buyers.html to begin.

To contact a buyer, please call us at 800-239-3448 or 877-471-0077 or email us
at info@eaglestar.net and we will put you in touch with them. Please note this
is a service provided to EagleStar.net clients with PAID property listings
only.

Looking in: Panama
Have real buyers looking for, maybe 2,000 to 5,000 Sq. Meters, Panama City,
ocean view, good for hotel, highrise building.... And beachfront property on
the Atlantic side, $200,000.00 to spend.... as much as possible, ROP is OK....
Please refer to buyer #26134.

Looking in: Anywhere
I am looking for raw land with the possibility of a small home on it. I intend
to retire next year and need to escape $7,000/year property taxes and other
government interference. I anticipate that about 10 acres should suffice.
Please refer to buyer #26128.

Looking in: Colorado.
I am looking for a place in Colorado with a lot of land and a big house on it
but I need rent to own. Please let me know, I would love to hear from you.
Thank you. Please refer to buyer #26129.

Looking in: California
5-10 acres for a farm with a residence already on it. Prefer area between Santa
Cruz and Monterrey. Please refer to buyer #26123.

Looking in: Anywhere
I'm interested in something w/ 1-2 acres , small 1-2 bedroom house where it's
quiet. Also a place I can fish (every now & then). It's just me & my dog, and I
only got maybe 10 good years left in me. Please refer to buyer #26124.

Looking in: Tennessee
5-15 acres TN, Owner financed. Please refer to buyer #26125

Looking in: Lower Alabama, south Georgia or preferred north Florida
Looking for a small parcel or lot with a single wide and weatherproof barn for
all my junk, lathe, drill press and tools. Locations: Lower Alabama, south
Georgia or prefered north Florida. Prefer well, county water OK, need
electricity. Fishing hole, lake or river near by for food would be great.
Within bicycling distance, prefered. Must be cheap. Have only SS around 1500/mo
total, so must survive. Would consider co-habitant arrangement might be
acceptable. Please refer to buyer #26121.

Looking in: Anywhere
Looking for large tracks of CPR pine or close. The larger the better. Please
refer to buyer #26122.

Looking in: Anywhere
Mountain or remote land for eco/futuristic city development... will consider
any location in the world that is right. Please refer to buyer #26119.

Looking in: Texas
ATV park and ranch in Texas possibly east of Dallas, not very far. Please refer
to buyer #26060.

Looking for property in Mexico. Please refer to buyer #26057.

Looking in: Washington
I am looking for land that has a fairly good speed of wind that blows over it.
This land could be in the Columbia River Gorge area, or White Salmon,
Goldendale, Hood River, Ellensburg, or Spokane or other areas in the state of
Washington. Please refer to buyer #26059.

Looking for property in Idaho. Please refer to buyer #25056.


LANDTERMS.COM TERM OF THE WEEK
http://landterms.com
Each issue we feature a real estate, forestry, natural sciences or other
land-related term from our partner site, LandTerms.com.

Free and clear title
1. Title to real property that is free from liens, encumbrances, or defects
aside from those which the buyer has agreed to accept (mortgage to be assumed,
ground lease of record, etc.)
2. Title to real property that is established, marketable, and without clouds.

Find thousands of land-related terms, definitions, articles, abbreviations,
quotations, and more at Landterms.com! Click on the "Categories" button at the
top of each page to see the list of over 35 categories.


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