The Sun.
London, England, 1830-08-26 00:00:00

PARLIAMENTARY PAPER.

REAL PROPERTY.
The Second Report made to his Majesty by the
Commissioners appointed to inquire into the Law of
England respecting Real Property, has just been
printed and delivered. It is an important document,
but of such immense length that we can only give

in parts, which we shall do from day to day, un
le whole is concluded.

NO. L—TO THE KiNG'S MOST EXCELLENT MAJESTY,
IN Ills HIGH COURT OF CHANCERY.
We who have hereunto subscribed our names and
affixed our seals, Commissioners appointed by your
Majesty to inquire into the law of Englund respect-
ing reel property, in pursuance of the permission
given to us to certify our proceedings from time to
time to your Majesty, as the same are completed,
humbly present to your Majesty the result of our
deliberations on a General Registry of Deeds and
Instruments relating to Land.
This has appeared to us to exceed in magnitude
and importance ell the other subjects within the
scope of our Commission : it has excited general
interest, and we have found it to be so connected
with almost every part of the Law of Real Property,
that the nature and details of any improvements to
be proposed by us, must greatly depend on the ques-
tion, whether all deeds and instruments affecting
the title to land shall be registered, or whether the
security of title is still to rest on other expedients.
In all civilized countries, the title to land depends
in a great measure on written documents, and the
purchaser looks, and is empowered by the law to
look, for proof of the sellers right beyond the fact
of his possession. It is obvious that a documentary
title cannot be complete, unless the party to whom
it is produced can be assured, that no document
which may defeat or alter the effect of those which
are shown to him, is kept out of sight. It follows
that means should be afforded by the law for the
manifestation of all the documents necessary to
complete the title, or for the protection of purchasers
against the effect of any documents which, for the
want of the use of such means, have not been
brought to their knowledge—in other words, that
there should be a General Register.
But, before a conclusion thus easily arrived at
can be wisely made the foundation of practical
measures, various matters of the utmost importance
must be maturely weighed. . Innovation on a com-
plicated and long-established system, such as that
of our Law of Real Property, must be productive of
many inconveniences, permanent or temporary, and
may be attended with evils difficult to be prevented,
or even to be foreseen. It should be shown that
the existing evils are great ; audit should be made
out, to a reasonable degree of certainty, which must
be founded on a careful investigation of facts and
mature deliberation, that the proposed remedy is
practicable, and that it will be effectual, that it is the
best that can be devised, and that it will not itself
be an evil, or productive of evils, equal, or nearly
equal, to those against which it is provided.
We have considered the subject in all the above
points of view. In order to assist our judgment,
we have extensively circulated amongst the Mem.
hers of the Profession of the Law, questions relat-
ing to the general measure, and to various matters of
detail connected with it. These have produced
communications of great value. Many gentlemen
have attended us, and undergone examination. We
have obtained information respecting the systems of
registration, established under various modifications,
of the
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established in two of the most con-
, s:derable English counties, in Ireland, and in Scotland.
We ought to add, that we have derived assistance
from several able works, which have recently ap-
peared on the subject ; and on the whole, we trust,
that all the important facts and arguments on both
sides of the question have been brought under our
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will be expedient. i
We shall proceed to point out the principal evils,
which we consider to result from the existing state
of the law, and which a General Register is adapted
to remove.

The most important evil is the insecurity of title.
When the party, in whom a documentary title is
shown, is in possession of the land, by occupation or
receipt of the rents, and also has possession of the
documents, by which his title is show►►, u purchaser
from him is furnished with all the groundS of assn.
ranee of which the law admits, that the title pro-
duced is the whole title, that is, in effect, the true
title; all beyond this is mere confidence.
fat possession of the land is no proof of the ex
tent of the interest under which it was acquired ;
and when the interest acquired was the fee-simple,
the possession may continue, after a partial disposi-
tion, as a mortgage, or charge, or settlement.. It is
obvious, that With regard to all future interests, the.
presumption of title arising from possession is out-of
the question.

.As to the title•deeda, the possession of them is