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How to Find Your Patent

ACCESS TO LAND PATENTS ISSUED BY THE UNITED STATES

 

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DO I NEED TO SUBMIT A PATENT?

If you received one of the following two claim forms, you will need to submit copies of one or more patents issued by the United States that show that the United States conveyed the Cable Side of the Segment to you or to an earlier owner without reserving an interest in or excepting the Cable Side of the Segment:

  1. Claim Form – 1875 Federal Land Grant 500 Feet and Over – Idaho, OR
  2. Claim Form – Pre-1875 Federal Land Grant Non-Section 1000 Feet and Over – Idaho.

If you received one of the Claim Forms listed above and you select Land Grant Option, you may opt to have Axxion find and submit your patent for you.

If you received one of the following five claim forms and you select the State Benefits Option in Section I of the Claim Form, you will need to submit copies of one or more patents issued by the United States that show that the United States conveyed the Cable Side of the Segment to you or to an earlier owner and that the interest of you or the earlier owner was prior in time to the interest of the railroad:

  1. Claim Form – 1875 Federal Land Grant Under 500 Feet – Idaho,
  2. Claim Form – 1875 Federal Land Grant 500 Feet and Over – Idaho,
  3. Claim Form – Pre-1875 Federal Land Grant Non-Section Under 1000 Feet – Idaho,
  4. Claim Form – Pre-1875 Federal Land Grant Non-Section 1000 Feet and Over – Idaho, OR
  5. Claim Form – Pre-1875 Federal Land Grant Section – Idaho.

If you received one of the Claim Forms listed above and you select State Benefits Option, you may not opt to have Axxion find your patent for you, but must find and submit it yourself.

HOW CAN I FIND MY PATENT?

There are two main ways to find a patent:

  1. Your patent may be in your chain of title and available in the county office that keeps property records; or
  2. You (or your individual attorney) can obtain a copy of the patent from the Federal Government (see step-by-step instructions below).

STEP-BY-STEP INSTRUCTIONS FOR OBTAINING COPIES OF LAND PATENTS FROM THE FEDERAL GOVERNMENT

1.      To obtain a copy of any patents issued by the United States conveying your land to you or to an earlier owner, you need the legal description of your property.  This description is usually contained in your property’s deed.  You will also be submitting a copy of your deed with your Claim Form so you will already have that document in hand.  See, Section III.1. (Proof of Ownership) on page three of your Claim Form.

2.      Once you know the legal description of your property, you can use that description to obtain the patent document(s) associated with your property from the U.S. Bureau of Land Management (BLM).  To obtain patent documents online, go to http://www.glorecords.blm.gov/search/default.aspx.  Select “Search Documents By Location”.

3.      In the box labeled “Land Description”, locate the “State” drop-down menu and select IDAHO.  Then enter the Township, Range, and Section numbers from the legal description of your property.  In the “Meridian” drop-down menu, select “Boise”.  When you have finished, select “Search All Documents”.

4.      On the Search Results list, locate the legal description of your property on the screen using the “Twp – Rng,” “Aliquots,” and “Sec. #” columns.  When you have located your property, select the link in the “Accession” column near the left side.

5.      The Patent Details page should provide most, if not all, of the information needed to obtain any documents associated with your property.  It shows: (1) the name of the person to whom the property was originally patented by the United States government, (2) the patent number, (3) what type of patent was issued and (4) when, (5) the law under which the patent was granted, and (6) the land office that granted the patent.  Print the Patent Details page.

6.      To view and download a copy of the patent itself, select the “Patent Image” tab.  NOTE: Some patents are available for immediate download on the internet, while others are not.  If, after following these instructions, you discover that your patent image is not available online, follow the instructions that appear on screen directing you to send an e-mail to the local Bureau of Land Management office in order to obtain a copy of the patent.  The Bureau of Land Management should contact you with further instructions for obtaining your patent (there may be a nominal fee charged for this service).

7.      Submit, along with your Claim Form, the Patent or Patents.  If you obtained the Patents from the county office that keeps property records, the copies you submit must be certified by the county office.  If you obtained the Patents from the Bureau of Land Management, the copies you submit must show on their face that they were obtained from the Bureau of Land Management, be accompanied by a separate writing confirming that they were issued by the Bureau of Land Management, or be accompanied by the pertinent “Land Patent Details” page, bearing indicia that the “Land Patent Details” were printed from the Bureau of Land Management Website.

8.      NOTE: Please note that your property may be the subject of several patents issued by the Federal Government to different entrymen.  If this is the case, you will need to do multiple searches of the BLM website in order to provide complete documentation for your claim.  It may help you to view and download a “Master Title Plat” for the entire Section of a given Township and Range and select the “Related Documents” tab.  The Master Title Plat may be useful in determining which of several parcels encompass or border a railroad right-of-way.  Select “LSR” on the left-hand side of the page.  Select “Master Title Plat” and, once the image loads, locate your property on the Master Title Plat.  If your property covers several parcels which were the subjects of multiple patents from the U.S. government, the Master Title Plat will provide you the patent numbers for the other parcels covered by your property.

THIS INFORMATION IS PROVIDED BY SETTLEMENT CLASS COUNSEL AS A GENERAL GUIDE ON OBTAINING DOCUMENTS.   OBTAINING THE NECESSARY DOCUMENTS FOR A CLAIM RELATED TO YOUR SPECIFIC PROPERTY MAY REQUIRE ADDITIONAL OR DIFFERENT ACTIONS. 

IF YOU HAVE QUESTIONS SPECIFIC TO YOUR PROPERTY, YOU MAY NEED TO CONTACT YOUR OWN COUNSEL. 

PLEASE DO NOT CALL THE COURT, THE CLAIMS ADMINISTRATOR, OR DEFENSE COUNSEL. 

 

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