On “Persons” in the NC General Statutes

 

It is of utmost importance to understand the context of “person”.  In most cases, it has a very limited scope and does not mean “one of the people”.  As you will see below, “person” is a legislator’s Swiss Army knife; it can perform a different function depending on the need.  “Person” is as generic as can be.

You can be a person; so can a corporation, a business, a corpse— whatever the definitions specify in the relevant statute.

            Black’s Law Dictionary says this:

“Juridical person. Entity, as a firm, that is not a single natural person, as a human being, authorized by law with duties and rights, recognized as a legal authority having a distinct identity, a legal personality. Also known as artificial person, juridical entity, juristic person, or legal person. Also refer to body corporate.”

The following is merely a random finding of “person” being described by what it may or may not be.  One thing it may be is corporate.

§ 47B-2.  Marketable record title to estate in real property; 30-year unbroken chain of title of record; effect of marketable title.

 (c)        Subject to the matters stated in G.S. 47B-3, such marketable record title shall be free and clear of all rights, estates, interests, claims or charges whatsoever, the existence of which depends upon any act, title transaction, event or omission that occurred prior to such 30-year period. All such rights, estates, interests, claims or charges, however denominated, whether such rights, estates, interests, claims or charges are or appear to be held or asserted by a person sui juris or under a disability, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void.

 

So you can be a natural or corporate person.  You can be Sui Juris* or in disability.  You can be private or governmental. These statements should be clear to the average reader.

* Sui Juris. Of his own right; possessing full social and civil rights; not under any legal disability, or the power of another, or guardianship. Having capacity to manage one’s own affairs; not under legal disability to act for one’s self.

What is required to be a legal person or legal entity?  For one, if you hail from a county in North Carolina, you are part of a collective body referred to as a body politic and corporate:

_______________________________________________________

§ 153A-11.  Corporate powers.

The inhabitants of each county are a body politic and corporate under the name specified in the act creating the county. Under that name they are vested with all the property and rights of property belonging to the corporation; have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold any property and rights of property, real and personal, that may be devised, sold,…

 

Simply claiming that county as your home is enough to create a presumption that you are or desire to be a part of the local government.  A county is admittedly a corporation.  Members, officers or constituents of a corporation are all subordinate to that governing body and cannot have more powers or rights than the corporation.  This is a definition of constituent by synonym/example:

 

“Constituent. (Part), noun balloter, component, component part, division, element, elementum, factor, feature, fraction, fragment, included, ingredient, installment, integral part, integrant, integrant part, one of, pars, part, part and parcel, particle, piece, section, sector, segment, subdivision.”

 

Simply put, a part of the whole.  The following section of law should be an eye-opener at this point.  In this entry, we see what status our elected officials truly hold.

 

“Chapter 138A: State Government Ethics Act.

§ 138A-2.  Purpose.

The purpose of this Chapter is to ensure that elected and appointed State agency officials exercise their authority honestly and fairly, free from impropriety, threats, favoritism, and undue influence. To this end, it is the intent of the General Assembly in this Chapter to ensure that standards of ethical conduct and standards regarding conflicts of interest are clearly established for elected and appointed State agency officials, that the State continually educates these officials on matters of ethical conduct and conflicts of interest, that potential and actual conflicts of interests are identified and resolved, and that violations of standards of ethical conduct and conflicts of interest are investigated and properly addressed. (2006-201, s. 1.)

§ 138A-3.  Definitions.

The following definitions apply in this Chapter:

 (27)      Person. – Any individual, firm, partnership, committee, association, corporation, business, or any other organization or group of persons acting together. The term “person” does not include the State, a political subdivision of the State, a board, or any other entity or organization created by the State or a political subdivision of the State.”

           

These people, the elected and appointed State agency officials to whom the Ethics Act applies, are not a part of the body politic and corporate, as they are not a subdivision of the state or county (a county is a subdivision of a state). Perhaps it is clear to any reader now that we are being ruled by those to whom different rules apply.  You probably already knew that;  you may not have known that there was a legal basis for this behavior on their part.  Essentially, we have volunteered into a lesser status, subordinate to the governing body. We serve it, rather than the government serving us.  We have blindly taken on the role of citizens, and left the status of “People” behind.

However, it could therefore be argued that those in charge have not left their full body of rights behind.  Are they the only “We the People” left?

Right about now, we should be thinking of asking the NC legislators why they have set themselves apart with different rules applying to them.

Again, if you are an inhabitant of the county, you are a component part of the county, not above it and directing its actions. Does that mean you have to move? No.  Simply do not claim to be an inhabitant or write the county in any fields on any forms. That’s a start.

Now, think about your house and car- they are both registered with that county, that corporate subdivision of the state.  Were you under a disability to deal with the responsibilities of ownership? I believe that is what is presumed when you register something.

 

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A Remedy for the Ill. Update… still researching!

I wanted to tell my readers that I am still actively researching things such as tax law, trust law, and property interest.  Some recent moments of clarity:

In the NC code under “Land registration”:

“Chapter 43.

Land Registration.

Article 1.

Nature of Proceeding.

§ 43-1.  Jurisdiction in superior court.

For the purpose of enabling all persons owning real estate within this State to have the title thereto settled and registered, as prescribed by the provisions of this Chapter, the superior court of the county in which the land lies in the State shall have exclusive original jurisdiction of all petitions and proceedings had thereupon,  under the rules of practice and procedure prescribed for special proceedings except as herein otherwise provided. (1913, c. 90, s. 1; C.S., s. 2377.)

 § 43-2.  Proceedings in rem; vests title.

The proceedings under any petition for the registration of land, and all proceedings in the court in relation to registered land, shall be proceedings in rem against the land, and the decrees of the court shall operate directly on the land, and vest and establish title thereto in accordance with the provisions of this Chapter. (1913, c. 90, s. 2; C.S., s. 2378.)”

It is important to read this with an open mind- I believe that when the word “settled” is used, it means something other than “finalized” or established”.  Look at this:

“Settlor

One who establishes a trust—a right of property, real or personal—held and administered by a trustee for the benefit of another.”

Also, Article 9 under that same chapter says:

“Article 9.

Removal of Land from Operation of Torrens Law.

§ 43-56.  Proceedings.

Any land brought under the provisions and operation of this Chapter before April 16, 1931, may be removed and excluded therefrom by a motion in writing filed in the original cause wherein said land was brought under the provisions and operation of said Chapter,…”

Notice the phrase “provisions of this chapter”…

“provision (Act of supplying), noun accommodation, arrangement, catering, donation, endowment, furnishing, preparation, procurement, providence, purveyance, serving

This can be read as an offer for government services, aka privilege. It is a contract with the county, as evidenced here:

“§ 43-20.  Decree and registration run with the land.

The obtaining of a decree of registration and the entry of a certificate of title shall be construed as an agreement running with the land, and the same shall ever remain registered land, subject to the provisions of this Chapter and all amendments thereof. (1913, c. 90, s. 26; C.S., s. 2395.)”

The land is presumed under contract eternally after registration, until that presumption is rebutted. That’s what the “Removal of Land from Operation of Torrens Law” section referenced above is for.  It prescribes the method of breaking that agreement and presumption.

Once removed from Torrens registration, the land can very easily be placed into/under your own trust:

“Chapter 36C: North Carolina Uniform Trust Code.

Article 4.

Creation, Validity, Modification, and Termination of Trust.

§ 36C-4-401.  Methods of creating trust.

A trust may be created by any of the following methods:

(1)        Transfer of property by a settlor to a person as trustee during the settlor’s lifetime or by will or other disposition taking effect upon the settlor’s death including either of the following:

a.         The devise to the trustee of the trust as provided in G.S. 31-47.

b.         The designation of the trust as beneficiary of life insurance or other death benefits as provided in G.S. 36C-4-401.1.

(2)        Declaration by the owner of property that the owner holds identifiable property as trustee unless the transfer of title of that property is otherwise required by law.

(3)        Exercise of a power of appointment in favor of a trustee.

(4)        A court by judgment, order, or decree, including the establishment of a trust pursuant to section 1396p(d)(4) of Title 42 of the United States Code.

 I believe we’ve already done “(1)” when signing a deed of trust, and “(2)” is how we initially take it back, and claim private ownership.  Look up the legal definition of “Declaration”– it is not just a statement, but a formal written statement in the nature of an affidavit. This declaration gets recorded, not registered.

It just gets more and more interesting.  So, at this stage, you are trustee AND beneficiary of the land. Legally speaking, you are the holder of the legal title, while the beneficiaries are privately known.

But wait… the deed of trust conveyed full legal title to land that you didn’t know you owned (how else could you convey title?), and the lender is listed as beneficiary to that trust.

How can two people, the named trustee on the deed of trust, and yourself, subsequent declarant of trusteeship of the land, both hold legal title?  The deed of trust hasn’t even been cancelled yet…

Or maybe it has…

“Chapter 45.

Mortgages and Deeds of Trust.

Article 4.

Satisfaction.

§ 45-36.4. Definitions.

As used in this Article, the following terms mean:

(15) Satisfy. – With respect to a security instrument, to terminate the effectiveness of the security instrument.”

Is an instrument that gave a trustee legal title still valid, when the same grantor of legal title records a declaration claiming back that legal title? What do you think?

I say that the D of T is no longer effective, and thus satisfied/cancelled/good riddanced.

Fascinating stuff. No wonder the law always refers to “payment OR performance of the obligation…”:

“(1a) Borrower. – A person primarily liable for payment or performance of the obligation secured by the real property described in a security instrument.”

(17) Secured obligation. – An obligation the payment or performance of which is secured by a security interest.

There are no less than fifteen instances of the phrase “payment or performance” within Chapter 45 Mortgages and Deeds of Trust.  Why can’t they use the word “payment” alone?  Is putting the title back in your own possession and care the “performance” needed to satisfy and cancel the D of T? I don’t know, but I intend to find out.