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A land patent is a form of letters patent assigning official ownership of a particular tract of land that has gone through various legally-prescribed processes like surveying and documentation, followed by the letter's signing, sealing, and publishing in public records, made by a sovereign entity.
The acquired land would not be liable for any debts incurred prior to the issuance of the patent for it. The time requirement for residence or cultivation was set at 5 years; if it was proven "after due notice" that they moved residence or abandoned the land for more than six months at a time, then the land reverted to the government.
Letters patent take the form of an open letter from the monarch to a subject, although this is a legal fiction and they are in fact a royal decree made under the royal prerogative and are treated as statute law. [5] Letters patent do not require the consent of parliament. [6] Specific usage in Commonwealth realms outside the United Kingdom include:
The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. [71] The third parties then own the patents and have the same rights to prevent others from exploiting the claimed inventions, as if they had originally made the inventions themselves.
The patent's claimant would then take the description of this land to the colony's secretary, who created the patent to be approved by the governor. The patent usually included the name of the immigrants, or headrights, in the document. [8] Once a headright was obtained, it was treated as a commodity and could be bought, sold, or traded.
It is the combination of the document and its processing within the administrative and legal framework of the patent office. [3] To obtain the grant of a patent, a person, either legal or natural, must file an application at a patent office with the jurisdiction to grant a patent in the geographic area over which coverage is required.
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Claims under the law were granted at the federal land office in Oregon City. The most famous patent granted at the Oregon City Land Office was the plat for the city of San Francisco, which had to be sent up the coast from California by ship. The claims of the land were surveyed by the Surveyor General of Oregon, an office created out of the law.
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