Bouvier's Law Dictionary 1914
ALLODIAL: An estate held by absolute ownership, without recognizing any superior to whom any duty is due on account thereof. 1 Washb. R. P. (5th ed.).
In the United States the title to land is essentially allodial, and every tenant in fee simple has an absolute* and unqualified dominion over it; yet in technical language his estate is said to be in fee, a word which implies a feudal relation, although such a relation has ceased to exist in any form, while in several of the states the lands have been declared to be allodial.
In England there is no allodial tenure, for all land is held mediately or immediately of the king; but the words tenancy in fee-simple are there properly used to express the most absolute dominion which a man can have over his property ; 3 Kent Com. *487 ; Cruise, Trelim. Dis. c. 1, § 13; 2 Bla. Com. 105.
To obtain allodial title one must perfect their title.
A perfect title is one which is good both at law and in equity. Warner v. Mut. A. Co., 21 Conn. 449.
The term is applied to obligations in order to distinguish those which may be enforced by law, which are called perfect, from those which cannot be so enforced, which are said to be imperfect.
In Canada we need the original Crown Grant that severs title from the Crown (the sovereign).
In the United States we need the original Land Patent that severs title from the sovereign (the President of the United States of America).
We need a Certificate of Acknowledgement and Acceptance of the Declaration of Land Patent / Crown Grant to verify we hold perfect title. This can be done by publishing your Acknowledgement and Acceptance as a legal notice in the newspaper circulating in your neighborhood (recommended) or by posting it in a public place for 60 days (signed by two private witnesses or a public notary).
Once this process is complete you have obtained your allodial title.
Bouvier's Law Dictionary 1914
METES AND BOUNDS: The boundary lines of land, with their terminal points and angles.
The metes and bounds survey describes fully the land granted. On current Certificates of Title a "Legal Description" describes the Lot or Parcel number and references a Survey that contains a variety of other lots incorporated into the municipality. In order to differentiate your land that has been separated from the sovereign from the municipality that presumes jurisdiction over it, we must create an "Equitable Description" using Metes and Bounds.
Hiring a surveyor to create a metes and bounds survey can cost over $6000. Instead we can reference old surveys and reverse engineer a highly accurate Metes and Bounds "Equitable Description" of your land.
As stated above, if we use the "Legal Description" the municipality can presume the land is within their jurisdiction. By creating an "Equitable Description" we rebut any presumption from the beginning. This "Equitable Description" is used within the Newspaper Public Notice and the Certificate of Acknowledgement and Acceptance of the Declaration of Land Patent / Crown Grant. Usually Land Grants are grants of large portions of land; in order to clarify which portion of tract of land you own we use Metes and Bounds.
