Executing an option to purchase land still in effect?

[Assembler]

If the "Land Patent " is considered an "purchase" and few if any is happening at this time.
Is there only the "Option to purchase land" in effect at this date with most instruments?

There is criteria for prima facie evidence of a consideration for the option. Some of you out there may have come across this.

Any how this is the thread topic here what are your inputs that can be looked up?

 

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[Mackaydon]

By definition, land patents are the legal documents that transferred land ownership from the U.S. Government to individuals.
Are you attempting to acquire land via a land patent or are you considering buying land from another individual who has already acquired title through a land patent? Can you restate your question?
Don in SoCal.

 

[Assembler]

By definition, land patents are the legal documents that transferred land ownership from the U.S. Government to individuals.
Are you attempting to acquire land via a land patent or are you considering buying land from another individual who has already acquired title through a land patent? Can you restate your question?
Don in SoCal.

Just opening the door for a conversation. There is a history of "land disposal" where this did happen. One could word the question as follows:

What is the state of affairs today in regards to "Executing an option to purchase land"?

Any how there are a few out there that have come across information on this topic thread.
What is your input?

 

[Mackaydon]

In a sense, any contract to buy land which includes the right the buyer has time to decide (after a period of 'due diligence') whether or not he wishes to continue towards closing, is an option. Another form of land option is the seller, for consideration, allowing a lien to be recorded against clear title on the property, giving a prospective buyer the right to purchase the land within a certain period of time at terms already agreed to.

The 'state of affairs' is that both forms of 'options' are in use today.
Don in SoCal

 

[Assembler]

In a sense, any contract to buy land which includes the right the buyer has time to decide (after a period of 'due diligence') whether or not he wishes to continue towards closing, is an option. Another form of land option is the seller, for consideration, allowing a lien to be recorded against clear title on the property, giving a prospective buyer the right to purchase the land within a certain period of time at terms already agreed to.

The 'state of affairs' is that both forms of 'options' are in use today.
Don in SoCal

Correct and thanks for pointing this out. Now the downside where are the goal posts sit at any given time if the regulatory terms keep changing say every few years?

Some will conclude that one can only do 'due diligence' by prima facie evidence of a consideration for the option as a foundation for what may happen down the road in a few years for example. Also there is not always clear answers if the goal posts are changed on you at some point when looking at the regulatory terms. The statutes are still there however trying to sort out the regulatory terms is often a word game or just very hard to sort out.

 

[Assembler]

In a sense, any contract to buy land which includes the right the buyer has time to decide (after a period of 'due diligence') whether or not he wishes to continue towards closing, is an option. Another form of land option is the seller, for consideration, allowing a lien to be recorded against clear title on the property, giving a prospective buyer the right to purchase the land within a certain period of time at terms already agreed to.

The 'state of affairs' is that both forms of 'options' are in use today.
Don in SoCal

Well I take a look about the point of allowing a lien to be recorded against clear title on property. If I read your response correctly it is the seller recording the lean against clear title correct?
What types of instruments are recorded?
Thanks.

 

[Mackaydon]

A notarized Option to Purchase form is recorded, perhaps similar to this one: https://freelegalforms.uslegal.com/options/purchase-property/
Based on the terms of the Option, the Seller may still occupy and/or lease the property during the Option period.
Don in SoCal.

 

[Assembler]

A notarized Option to Purchase form is recorded, perhaps similar to this one: https://freelegalforms.uslegal.com/options/purchase-property/
Based on the terms of the Option, the Seller may still occupy and/or lease the property during the Option period.
Don in SoCal.

I believe you will find that the Seller occupy and / or lease the property only applies to "Surface" issues and not "Mineral entry".

Not sure about the Seller having to notarize however I can see the buyer having to do so.

Have you come across any buyers having some kind of option to purchase up front with say the "Mineral" entryman "Claim"?
Thanks.

 

[Assembler]

By definition, land patents are the legal documents that transferred land ownership from the U.S. Government to individuals.
Are you attempting to acquire land via a land patent or are you considering buying land from another individual who has already acquired title through a land patent? Can you restate your question?
Don in SoCal.

Well having some examples where one acquires land from another individual who has already acquired title through a land patent would be a good model to pattern words and terms.
Thanks.

 

[Mackaydon]

Mineral rights are a different subject. Do you have a mineral rights question?
The "entryman" is the applicant in a BLM matter. Are you interested in mineral rights on BLM holdings?
If you are looking for BLM terms, here's a good source: https://historyhub.history.gov/land.../common-terms-used-by-the-general-land-office
Don...

 

[Assembler]

Mineral rights are a different subject. Do you have a mineral rights question?
The "entryman" is the applicant in a BLM matter. Are you interested in mineral rights on BLM holdings?
If you are looking for BLM terms, here's a good source: https://historyhub.history.gov/land.../common-terms-used-by-the-general-land-office
Don...

Well just taking a quick look I see that “The State of Oregon” words and phrases have “Mine”, “Mineral”, “Receipt”, “Purchase”, “Final record” and “Note” all have just one or two definitions each.

The words and phrases “Entryman”, “Final entry”, “Patent” are not defined within “The State of Oregon” code.

 

[Assembler]

The word "Applicant" within "The State of Oregon" code has only two definitions.
One being any person applying for any benefits under welfare - self help. The other definition is assistance to needy blind.

BLM often has a "State office" for most to file within.

"mineral application" is not defined within "The State of Oregon" code.