Legal Title vs Equitable Title

Who owns + controls the contract?

(Using a registered car as an example let’s identify which entity holds legal title and which entity holds equitable title)

So, You go to the Department of Motor Vehicles and apply for registration/tags. (Apply – To make formal request or petition). (Request – An asking or petition). (Petition – A written address, embodying an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong or the grant of some favor, privilege, or license. (Black’s Sixth Ed.)

What just happened?

Well, you took the title of your car to the DMV and applied for your car’s registration. In applying, you were asking, requesting, petitioning for another’s authority to grant you a privilege, a benefit – in this case your registration or license plates/tags and permission to drive.

This was an offer. You made a proposal to the state (through your act of submitting the application you filled out), granting the state legal title in exchange for benefits and privileges being offered and transferred to your strawman. The state accepted and granted you your plates and your proof of registration. Your strawman is now part of a trust and the car (property) is now held in that trust. The state has the controlling interest (legal title) and the car has been added to the surety pool that secures the national debt. The entity that issues a certificate is the legal title holder, the entity named on the certificate is the beneficiary and is the equitable title holder.

The state issues you a certificate of title because the state is the trustee (legal title holder) and your Legal Fiction or ‘Strawman’ (the entity the state contracted with) assumes the role of beneficiary. 

“Remember, the state contracted with your public trust, the all capital letter name, the legal fiction that you do commerce with and it’s your Strawman that holds equitable title evidenced by the Certificate of Title issued to you by the trustee”

Because you issued a grant to the state for them to become the legal title holder of your property, all their statutes involving the ownership and operation of the motor vehicle applies to its users. It’s important to understand that the strawman corporation is the beneficiary of the public trust. Not the living man or woman because everything involved in the trust deals with titles and nobility and its all a fiction. The parties are just playing roles. The state creates all the rules for the use and operation of the vehicle, you have consented to it by a contract – when you register anything with the state or federal government, that which you registered are placed in trust and a grant is made to the state. It was a voluntary act and now you acting as your legal fiction (strawman) enjoys a beneficial use as long as he stays within the boundaries of the trustee’s rules and regulations regarding the property

Note: The legal title holder (state) does not have the right to possession – as long as the equitable title holder (Your strawman ) is following the rules with regards to anything dealing with the collateral (car) the state does not have the right to take the car (9/10’s possession is the law)

Why do we get pulled over? The state has legal title, the police is an officer of the state, they are investigating what we are doing with regard to the property that was donated to the state, they want to know if we are in line with their rules and regulations for the operation of state property. This is part of their function and we voluntarily agreed to it. If it is land and you have both legal and equitable title it is called allodial property. Having allodial property means there is no government land tax to be paid.  Why would you pay a tax to the government if you have both sides of the title? The fact that you pay a property tax shows that you don’t have both sides to the title. Again, the title is split, when it is split it is said to be owned in a trust not through one entity. (See post on Trust Law + Structure)

Legal Title

A legal title refers to the responsibilities and duties the owner has in maintaining, using, and controlling a property. Legal title is the actual ownership of the property. The documented name of the property owner, as visible through the public records, typically describes the person with legal title. Legal title grants true ownership of the property, and all that this entails – the bundle of rights that comes with land ownership.

Ownership of property that is enforceable in a court of law, or one that is complete and perfect in terms of the apparent right of ownership and possession, but that, unlike equitable title, carries no beneficial interest in the property.

Equatable Title

While a legal title focuses on the duties of the property owner, equatable title refers to the enjoyment of the property. Equitable title is the benefits the buyer will get to use and enjoy when he or she becomes the legal owner. Equitable ownership is not “true ownership.” In other words, someone with equitable title could not argue that he or she was the legal owner or possessor of the property in a court of law. True ownership requires legal title.

“Equitable title does, however, grant the person more consistent control over the property. That’s right – equitable title can be more important than legal title.”

With words like “benefit” and “enjoy,” you may assume that having equitable title does not come with a lot of ownership rights. In fact, the opposite is true. For example, the person with equitable title is often in charge of financing the property. Equitable title gives the right to access the property, and – most importantly – the right to acquire formal legal title of the land. Keep in mind that equitable title does not actually transfer ownership of the property. It simply gives the individual or entity the right to the use and enjoyment of the property.

Who is Liable for payments when it comes to fines?

Well this would depend on what the contract you have signed entails. Most of the time, when you receive a fine or a ticket, it asks for the owner of the vehicle to pay any outstanding amounts. The problem here is, if we take this in its literal meaning and understanding, we will come to the conclusion that we, or you, are not actually the true owner of the car.

If you look closely on your documents, you will find that you are called the REGISTERED KEEPER, which is separate from being an owner. So if we act in its literal formality, than the norm for you would be to transfer such payments and debts to the owner of the car which would be the DVLA or another fictitious entity. (Yu will have to find out who owns your car). But on the most art and in most cases, you would need to stay in a position of honour and not cause any mischief in your contracts. So ensure and make sure that the fines or any outstanding monies are addressed to you as the registered keeper, or you as the owner.

If you truly did own your car, you would hold all titles to your car, and you would not be called the registered keeper.

The Birth Certificate Trust

When we start to view all of our interactions in the way of trusts. we will understand more what is happening within a transaction and who is in charge.

To assume Legal title means to be responsible. that being said, those who want to claim Legal title over the Birth certificate would mean that the Legal title holders would be liable to any debt that occurs on such trust. Trustees have a duty to deal with any liabilities that arise within a trust. You cannot pass down a phone full of contractual debt to one of your siblings and expect your sibling to pay off those debts if the phone is a gift. It is the duty of the trustee to deal with the debt and gift the phone or sell the phone to whomever.

Why would you want to be liable for everything that arises within your Birth Certificate trust? wouldn’t you want to pass that liability on to the trustees? which brings to question, who are the trustees of your Birth certificate trust?

See separate post on Reclaiming your Birth Certificate)

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