‘Legal Title, Equitable Title and Ignorance on Property’

Or
‘The Tip of the Iceberg’
(A Scurrilous Publication in Several Pages)

1. ‘’Equitable Title’’ is the right to obtain secure use of a Property, where ANOTHER party
(namely, the State) maintains you under a insecure delusion to which you have learned to
subscribe -- one of their own invention – one of State control and indeed of ‘ownership’ of you
and all Property – that is, of the Legal Title - to that same Property.

Consider from the start the plain, indisputable fact that law courts, worldwide, every day of the
week, are scene of paid arguments about who ‘owns’ a Property by way of both parties arguing
about its ‘ownership’ of LEGAL Title. And consider the plain fact that nobody, ever, focuses on
Equitable Title.
But, first, what IS Legal Title ? What do the law books say ? Here it is –

2. ‘’Legal Title refers to the duties and responsibilities of maintaining and controlling some
Property, while (and notice closely) Equitable Title refers to the benefits and enjoyment of that
same Property’’. Yes, that’s right ! Read it again. The essence of a Trust is splitting Legal Title
and Equitable Title on the same piece of Property and in such a way that one or more people
(known as theTrustee or Trustees) have Legal Title while others (known as Beneficiaries) get
Equitable Title. The latter get the free use and enjoyment of that Property.

3. Equitable Title – refers to the enjoyment and use of a Property by Heirs and Beneficiaries
WITHOUT them ever claiming its ownership. OK ? And, whether you know it or not, Equitable
Title is already available to you a buyer (vendee) under a purchase contract, a contract-for-
deed, or an instalment-purchase agreement for that Property. That’s right. You as a Buyer (a
vendee) also have the right to order Legal title to be transferred upon your payment of the full
purchase price of the Property. An interest in Legal Title is transferable by what is called a Deed
of Conveyance, an assignment, a subcontract, or on a completed mortgage. But, (and here
comes the bombshell ) Equitable Title is already accessible to you, the buyer (vendee) at the
time the seller (vendor) of that Property countersigns and agrees to your offer to purchase
that Property. How is this possible ? Well, read what has j been said once again. It is because
YOU (though its probably unknown to you) have already created the credit and have fully paid
for the Property itself, this by providing your own signature on the deal !! Isn’t that amazing ?
It is. Your signature is the ‘valuable consideration’ of the purchase deal. In other words, using an
example, when Jack agrees to purchase a home from David under a contract-for-deed’
arrangement the result in layman’s terms a contract-for-deed is entered in which Jack (as
buyer) agrees to fulfil his part of a contract (that is, to pay its Purchase price in full, with
 interest, as ‘re-payments’. Isn’t that right ? ) ONLY THEN does Jack’s Seller have an obligation
to transfer the Deed to him on the completion.” And as said Jack has unknowingly already paid
for the Property IN FULL at the point of signature !!! So we can say Jack POTENTIALLY has
‘equitable title’ in the Property as soon as David agrees to the signature of the contract in
writing. However, Legal title is not formally transferred from David (seller/vendor) to Jack
(buyer/vendee) until Jack has made his last instalment under that contract and until he has
paid the agreed-upon amount in full - whether he pays the balance in one year or over a
period of thirty years. But as said, Jack is completely unaware he has ALREADY paid for the
Property, in full, by signing his signature !!
4. In fact it was equity which created the credit for the Property purchase in the first place. That is
right. And that’s why Jack has available equitable title to the Property at the time he first signs
to buy the Property. Also, with Equitable Title, you as vendee (purchaser) will in law benefit
from any increase in value in that Property between the date of the agreement and final
delivery of the Legal Deed once the Property has been paid for in full to the Seller.

5. Equitable Title does not give the Legal title to the property as it would if a buyer were using a
mortgage. Equitable Title is quite different. It means giving the seller giving buyer an
“equitable position” in the use and enjoyment of the Property. While, as said, Legal Title is
conveyed to the buyer only after he has satisfied the contract. And guess what ? The Buyer in
a mortgage has already satisfied the purchase contract.

6. Legal and Equitable Title will feature in what is called Remitter - a situation which occurs later
when the State in equity becomes liable in equity for all demands made by them in the name of
the Legal Title for the benefit of heirs and beneficiaries of a Will.

7. The reason Equitable title not Legal Title is conveyed in contract-for-deed purchases as
mentioned above is deliberately hidden from you. It is doubly hidden in fact because you
usually go ahead and register the Property on which you have just bought Equitable Title. So
you unknowingly bypass the Equitable Title to register the Property under LEGAL TITLE at the
Land Registry. With the State ! And, because you have so far failed to file a Deed of Trust due to
ignorance it is only AFTER-THE-FACT that you as the purchaser (vendee) try to fulfil the
agreement to ‘re-pay’ what has actually been paid already in full. With interest.

Confused ?

Try this –

LEGAL TITLE vs EQUITABLE TITLE

By: Jared Dalen

‘’Ok people, how many of you out there in the Matrix ‘own’ a car? What if I said you don't actually
‘own’ your car??? You will say, "but I have Legal Title to it !" Lets be honest, you have probably never
once bothered to look up the term "legal title" in a law dictionary. No, you have not. If you had you
would not be reading this article. So let’s take a look at some definitions of Legal Title. Isn’t that a
good way to start ? Take for example the definition of that term which appears in a standard work
such as Black's Law 6th Edition ? Are you ready ? Here goes -

‘’LEGAL TITLE - One cognizable or enforceable in a court of law, or one which is complete and perfect
and possession, BUT WHICH CARRIES NO BENEFICIAL INTEREST IN THE PROPERTY, ANOTHER PERSON
BEING EQUITABLY ENTITLED THERETO; in either case, THE ANTITHESIS OF "EQUITABLE TITLE". It may
also mean appearance of title as distinguished from complete title; or full and absolute title or
apparent right of ownership WITH BENEFICIAL OR EQUITABLE TITLE IN ANOTHER’’.

WOW, lots of big words there. One of the terms we see there is "equitable title." Note ‘’equitable
interest’’ is vested in ‘’ANOTHER person’’. Interesting... Before we see what the word "equitable"
means lets look at the term, "legal owner. " You claim to be the ‘’legal owner’ of the car do you not?
I mean, doesn’t everyone do the same ? Isn’t that what you are claiming to be of that Property ?
Well, here goes -

‘’LEGAL OWNER - The term has come to be used in TECHNICAL CONTRAST to the EQUITABLE OWNER,
and not as opposed to an illegal owner. The Legal owner has title to property (legal title), although
the title itself may actually carry NO RIGHTS TO THE PROPERTY other than a lein’’.

Notice a legal owner is, ‘’in contrast to equitable owner’’. Guess we better see what an "equitable
owner" is next ! I would define "equitable title" here without more study but it clearly says in the
source we are reading that we should, "see equitable owner". So here is ‘equitable owner’, defined -

‘’EQUITABLE OWNER - One who is recognized in equity as owner of the property, BECAUSE REAL AND
BENEFICIAL USE AND TITLE BELONG TO HIM, even though bare Legal Title is invested in…..
ANOTHER’’. Mmm !

You see in that definition that "Legal title is invested in another" and "real and beneficial use and title
belong to him." Right ? Who is "him" and who has right to Equitable Title’ with your car ? We'll find
that out after looking at a couple more definitions related to this subject such as "equitable
ownership"...

‘’EQUITABLE OWNERSHIP ~ The OWNERSHIP INTEREST OF ONE WHO HAS EQUITABLE IN CONTRAST
TO LEGAL OWNERSHIP OF A PROPERTY...’’

‘’EQUITABLE INTEREST ~ The interest of a BENEFICIARY under a trust is considered equitable as

contrasted with the interest of the TRUSTEE which is a LEGAL INTEREST - BECAUSE THE TRUSTEE HAS
LEGAL AS CONTRASTED WITH EQUITABLE TITLE.’’

I hope it is now starting to become clear that somewhere between you buying, say, a car and you
receiving its "legal title", you have somehow given up or ignored equitable interest in that car
altogether. Without knowing it ! The above definition clearly states you become a Trustee by its
purchase who has at best access to the Legal Title of the Property. On which you have been trained
to rely as ‘proof of ownership’. Since the State has taught you that Legal Title IS ownership. Right ?
This may bring more questions like ‘’what is a "trust", "trustee" and who is this mystical
"beneficiary" who is somehow holding Equitable Title over the Property’’ ?

‘’TRUST - A legal entity created by a GRANTOR for the benefit of designated beneficiaries under the
laws of the state and the valid trust instrument’’. Again -

‘’BENEFICIARY - ONE WHO BENEFITS FROM THE ACT OF ANOTHER. A PARTY WHO WILL BENEFIT
FROM THE TRANSFER OF PROPERTY OR OTHER ARRANGMENT. Examples include the beneficiary of a
TRUST...’’

‘’TRUSTEE ~ PERSON HOLDING PROPERTY IN TRUST... ONE WHO HOLDS LEGAL TITLE TO PROPERTY
"IN TRUST" FOR THE BENEFIT OF ANOTHER PERSON (BENEFICIARY) AND WHO MUST CARRY OUT
SPECIFIC DUTIES WITH REGARD TO THE PROPERTY. The trustee owes a fiduciary duty to the
beneficiary.’’

Well, well, WELL, isn't this getting interesting!!!! Lets see - a Trust is an arrangement created by a
Grantor for the benefit of a Beneficiary or Beneficiaries in which the Trustee holds Legal title but he
owes a fiduciary duty to a Beneficiary. Still feeling good about ‘your’ Legal Title now ?

Let’s take a look next at another term - "fiduciary"... What is a ‘Fiduciary’ ?

‘’FIDUCIARY ~ A person holding the character of a Trustee, or a character analogous to that if a

Trustee... A person having the duty, CREATED BY HIS UNDERTAKING, to act primarily for another's
benefit...’’

At this stage we might recap;

YOU are currently claiming :

1) Legal Title to the Property which you assume and everyone else assumes makes that Property
yours. So, by this claim you assume you ‘own’ the Property.

2) In fact, by claiming ‘Legal ownership’ of a Property you remain ignorant that you now have a
fiduciary duty for the benefit of a ‘Beneficiary’ who holds by your ignorance Equitable Title to the
same Property which you claim you own !

How on earth did such a situation happen ? How is it nobody speaks about this ? Stop and think
closely about what you have just read. Let’s go back and see what has happened – using another
example -

Consider the buying of a car. At the point of purchase you obtained equitable title to that car (as
already indicated) through what is known in documentary terms as its Bill of Sale. But, without you
understanding the law, and because "everyone else is doing it", you have unknowingly and
voluntarily registered YOUR newly bought car with ….. the State – which has the effect of creating …
(wait for it !) a trust agreement WITH… THE STATE ! That’s right folks ! Under that Trust you
voluntarily made with millions of others you granted something (with you now acting for the benefit
of the State as the GRANTOR) and you also allowed the Equitable Title of that purchase to leave you
and go in to the care of… yes… the State ! By doing this you have made them, the State, a
Beneficiary, while you became a Trustee and, as a result, you have agreed to obey their arbitrary
rules and to pay fees as a fiduciary of that Trust.

Are you starting to get uncomfortable with Legal Title ‘ownership’ ? You should, because if you are
"Legal owner" of your home and "legal guardian" of your child, somewhere down the line you
voluntarily agreed to give up equitable interest in them both. As just said. And, unfortunately, there
are two maxims of Roman law which allow this to occur -

*’’Ignorance of law is no excuse’’.*

*’’Let him who wishes to be deceived, be deceived’’.*

Is this all starting to sound crazy ? Well, how about a shot of reality from the beneficiary's own
mouth ? From publications of the State, that is. Here is a classic example. Read it carefully. It’s a fine
example and is as clear as can be. In the USA we find -

‘’Senate Document # 43; SENATE RESOLUTION NO. 62 (Pg 9, Para 2) April 17, 1933: "The ultimate
ownership of all Property is in the State ; individual so-called "ownership is only by virtue of
Government, i.e., law, AMOUNTING TO A MERE USER (with you as the Trustee); and (your) use must
be in accordance with law (fiduciary duty) and subordinate to the necessities of…. the State."

WOW !

Hate to ‘burst your bubble’, but as long as you willingly consent to be governed by this system you
are knowingly or unknowingly consenting to being a vassal -- a voluntary slave -- for your lord IS the
State of modern feudal times. And if you fail to get in to Equity and to examine and use Equity it is
sure that proverb is true that history repeats itself.

P.S. In case you are unaware of the term "vassal" this definition is taken from Wiki:

‘’A vassal or feudatory is a person who has entered into a mutual obligation to a lord or monarch in
the context [a] feudal system... The obligations often included military support and mutual
protection, in exchange for certain privileges, usually including the grant of land held as a fiefdom.
The term can be applied to similar arrangements in other feudal societies’’.

You really better start questioning the world around you, because this short article is only the tip of
a very large iceberg.