Port Orange, FL asked in Consumer Law and Real Estate Law for Florida

Q: I thought land could only be sold under a Treaty and the Treaty of Adams and Onis that was signed in 1819 was the Treaty

The Treaty of Adams and Onis are not the original Treaty on this land. The Treaty of Middle Plantation is the real Treaty and all of the land sold in America was sold illegally.

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3 Lawyer Answers
Liu "Margaret" Yang
Liu "Margaret" Yang
Answered
  • Plantation, FL
  • Licensed in Florida

A: I believe the statute of limitations will have expired on this issue.

John Michael Frick agrees with this answer

A: The Adams & Onis Treaty is the operative document for land ceded to the United States by Spain south of 31 degrees N latitude. That is sovereign source for deed searches.

The Treaty of Middle Plantation was between several Native American tribes that previously existed in norther Florida in the 17th century and the British Colony of Virginia. The United States did not yet exist, so it was not a party to that treaty.

Pinckney's Treaty established the boundary between the US and Spanish Florida at 31 degrees N latitude in 1795. By that time, the Native American tribes who signed the Treaty of Middle Plantation barely existed and no longer had control of Florida.

A: I previously wrote: "The Treaty of Middle Plantation was between several Native American tribes that previously existed in norther Florida in the 17th century and the British Colony of Virginia."

The Native American tribes who signed the treaty actually lived in southern Virginia. So it applied to completely different land than the Adams & Onis Treaty.

The Treaty of Middle Plantation applied to land that is currently located in the States of Virginia and Georgia.

The Adams & Onis treaty applies to land that it currently located in the State of Florida.

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