Title Examination Standards
Chapter 1, App.
Chapter 11 General Allotment Act Land Titles
§11.1. General Allotment Act Lands

This standard pertains to lands allotted to members of the tribes subject to the General Allotment Act. Such allotments were made based on trust-type ownership with the allottee owning an equitable and present usable estate in the land, and the federal government retaining legal title to the property. Accordingly, the allotee received a trust patent, with a fee patent to be issued at the end of the applicable trust period.

Comment 1: While the property remains in trust, the examiner should be aware that federal law will control, with state law only applicable once trust status has ended or as provided for by federal law or regulation. Any contracts or conveyances made without the authority of federal law are void.

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommends new standards 11.1 and 11.2 be added to assist title examiners with understanding the impact of allotted lands as they apply to the General Allotment Act. The Real Property Section approved the proposal, and the House of Delegates adopted the new standard on November 7, 2025.