Perry spoke about having private, competing agencies that would issue deeds. He was asked what happens when the competing agencies disagreed about arcane issues of chain of title or property boundaries. Perry, who adheres to the NAP (Non-aggression Principle), did not have a good answer, so he hung up, leaving the interviewer to feel that he had won the debate.
As funny as that clip may seem, I'm actually more on Perry's side than not. There are now and always have been and always will be competing title agencies -- they are called sovereign nations -- and when they cannot resolve title disputes through diplomacy, they go to war.
The following is the text of the video embedded above. If you have trouble hearing me talk in the video, you can follow along below:
The eastern boundary of my land runs through these woods. And it's not a deed, or an abstract of title, that keeps other people from invading my property. Land title has always been subject to competing title agencies. The agencies have had such names as Britain, France and Spain. Also Cherokee Nation or the United States. So, in terms of how we get our title, it's always purchased directly through blood spilt in battle or indirectly through diplomacy. Land in Missouri was acquired through the Louisiana Purchase, but let's face it, how did France get it?
This is my abstract of title that I have. I am not going to tell you the legal description of my land, but I'm going to go far, far back in time -- back to the beginning. Back to ... It says here in the first patent of the United States of America to this larger plot of land from which my land derives: "In testimony thereof, I, James Buchanan, President of the United States of America, have caused these letters to be made patent, and the seal of the General Land Office to be hereunto affixed, given under my hand at the City of Washington, the Friday of March [sic: should be first day of March] ,,,I don't know what date... 1859 and of the Independence of the United States the 83rd. By the President, James Buchanan, by T. J. Albright, Secretary, and recorded by J.N. Granger, Recorder of the General Land Office."
Now, I built this fence. But it's not the fence that keeps other people out.
I'm going to tell you a story about something that happened on this land a long time ago. And it's something that didn't happen to me. And it didn't happen to Bow. But it did happen to our predecessors in title. That means the people who owned the land before we did. One day, even though they had this wonderful abstract of title that guaranteed that they owned the property, a bad man came from the other side of the woods -- and there wasn't even a fence at the time -- and he entered the house. The woman was alone. He threatened her. He notified her husband that he was going to kill her if a ransom was not paid. Well, the husband went to the bank, got a banker with him, came to the house, was shot in the head, but survived, and the woman had already been shot about twelve times and was killed.
So what's the point of this story? The point is that it's not because we have title to the land that people don't trespass. It's not an abstract of title that guarantees us our property. It's the fact that we have good neighbors.Now some people might object that title companies are the ones who maintain the chain of title and courts of law determine the outcome to boundary disputes, but these things are actually a very minor factor in the lives of most people. Adverse possession takes care of most inaccuracies in boundary mapping. Even if you have had your fence on the neighbors' property by mistake or they on yours, after a certain number of years of everybody believing that the fence marks that boundary, the fence actually becomes the legal boundary. That's because title like many other social concepts is really all in the minds of people. If the neighbors all agree that you have title, then you have title. And nobody walks down the street coveting somebody else's house, thinking to himself: I wonder if they really have title. We know that the neighbor's property isn't ours, and we don't go around laying claims to it. That is how title is maintained.
Except for one thing: The local county government demands a ransom from us at the end of the year in the form of a property tax. If we don't pay it, then they will eventually come and by force of arms take our property away from us. Then they will change the deed records in their favor. Darryl Perry does not like that the government does this, and I must say that I sympathize with him.
Naturally the government tells us that if we did not pay this fee, one of our neighbors would try to steal our land, and no one would defend us. But I think that it's actually the neighbors who would come and stand up for our rights and fight right alongside us to defend our land, in the same way that we would do to defend theirs. And I think that's what Darryl Perry should have said in the interview.
Governments get their legitimacy from the consent of the governed. They are here to serve us. We are not here to serve them. That's what people sometimes forget, because after a while, the size of the government comes to eclipse any legitimizing force that each individual's consent originally granted it. If somebody comes to claim our land, ultimately we will have to fight for it. This is true whether it's a foreign invader or a bad neighbor. And we need the help of our good neighbors to keep the bad ones at bay. That's all you really need to know about title to land.