New-York tribune., 1885-02-09
REAL ESTATE TRANSFERS.
PROPOSED REFORMS IN THE SYSTEM.
WHAT TIE COMMISSION APPOINTED LAST fEAi'
WILL RECOMMEND.

WHAT THE COMMISSION APPOINTED LAST YEAR
WILL RECOMMEND.
The Land Transfer Reform Commission, ap-
polutel by the Legislature last year. CONSISTS Oh
f. southmayd chairman, and Messrs. Oims'ea' cosscs
hail. Strong and Rker Their duties were 10 cohser anu
report upon improvements In the laws respecting the
sale or other transfer OF real estate In this city, ana par
culary with regard to the best methods OF recording
such transfers. The commission has had many
meetings since its appointment and discussed III
detail many measures OF reform. upon
most OF the matters before them the members are SUBJ
.tanally agreed but perhaps the most important
the manner in which conveyances and mortgages
shall be indexedthere has been such an rreconciable
difference OF opinion between r. Ostead and the other
members of the committee that report has yet been
prepared submit to the Legislature and probably Mr.
Onstoad will present minority report upon this topic
Tho subjects upon which the Commissioners are
agreed Of Importance. Ono 10 a. TO snort
forms OF mortgages, conveyancos and leases when
shall DO defined by law, to take the place OF
the cumbrous and verbose instruments which now lun-
Der up the shelves OF the Registers office. Mr. South
mayd the chairman says that Is not proposed to COM
pei people to the short forms under ponaty OF
having their instruments declared void but the plan Is
to make the recording Of the long form so expensive
that everyone will naturally be driven 10 using the new
inexpensive and equally valid FORMS In order that no
question may arise the validity OF the short FORMS
bills will be proposed providing that certain brief ex
pressons shall be construed meaning the samc as tho
extended verbiags used. For instance covenant
that the 6ovenantee manning HIM "shal quietly
enjoy the said premises" shall be construed rs
meaning the same the language that is now
used THAT such covanantee his heirs successors and
assigns shall and may, all times thereafter. peaceaby
and quietly have hold, occupy. possess and enjoy
said premises and every part and parcel thereof
with the appurtenances without any let suit trouble
molestaton. eviction disturbance of the granter his
heirs assigns any person or persons lawfully cla
ing or to claim the same" instances the short
enlng of the form would even more marked than IN the
above illustrations as for example. where In portion OF
the proposed short form OF mortgage thirty words
declared to have meaning the 200 words used
to express covenant in the present form
The members of the Commission also agreed In
thinking that the length of time now prescribed as to
real estate under the statue OF limitations should be con-
sderaby shortened Most laid upon the disability
of unacy the Commissioners hold that the legal guard
ian OF the lunac having power TO protect his rights the
unatlc's estate should be bound in the manner
as any olses He should have his right OF action
against his guardian else through whose fau
injustice has been done Em but ne should not @ 1e per
mited to disturb because q, MS ds'py ,ne S ot h
bona fde purchaser IL VIII also be recommrnded that
some defined by statute which shall be deemed al
law equivalent 10 actual possession OF real property
This win prevent the present risk likely to be incurred
by the OF unimproved city property or OF outlying
sion =" Of the premises The Commission probably
will recommend to the Legislature some other general
The main reform proposed by the commission. that
concerning better methods OF indexug transfers OF real
records the commissioners have not reached an entirely
satisfactory conclusion They are all agreed tat some
thing should be done remedy the present cumbersome
uncertain and expensive system; but many troublesome
questions arise in attempting to carry out
most complete and radical a the change, proposed
is that every piece OF property IN ne CITY should
first laid out ty blocks and when the blocks are dydsl
up by and that against the block or lot should be
f.l exer, gpu
strunent affecting the title 20 II that has been recorded
for the last ify years, according to the thorough
plan practical ceCt OF this would be that the ndoI
record Of any lot would itslf be complete abstract
OF title" The most formidable obstacle Ia the OF the
execution of such pan and The one that probably
will deter the commissioners from recommending II,
g the enormous expense that IL VIII involve.
some Of them inde'i arc apprchcn'ivo talt y would
result in Jobs that would ue worse thhh the
present evils There - probability that tho c1inmis-
sourrs viii recommend that ior The PA.i the rensns
block, any event But ~ to future records, there !.
than against the individual. WIN the exception
tbere should he separate index cach lot. that
glance at the index viii show all tnc In niruucuts on cc
0ilian ti,; sich iadeE sogd i-gragl,o al "a, prop
cfty on - block lie fears that Y person IN rscorl
against ee!t am ,o' k,a's !t ~! 49, @ -.i y, H.
boundaries OF that particular lot upon the map Ths
answer that Is made % hia f. taat purchaser can
always protect himself By proper survey o Ac PROMISES
tho description IN the deoi will define le boun
darics the property he II purchasing and II he IL In
doubt about the limits Oi the lot corresponding exactly.
he can a. 20 index against LdJ Joining lots.
Either plan would provide for separate index i0r
convey eyances aaothcr for mortgages and another FOR
sncnts In the County Clerks Office Ine provision as
20 Judgments would be th- that any judgmrncreditor
c.aimci lien upon the property ~ his debtor,
should c pcch alton o. The Judgment In the ioca!
index that Il would appear just what tho property
was TO winch It claimed that the lien attached Aud
that the benefits this plan may speedily bo realized
will bc proposed that 10 be enacted that no Judgments
record shall be len upon inc debtor 4
real property. unless within six months from the
time tho law goes into enect notice Ot claln
under il Is filed In the local index. Mr. lkcr has OBJ
the approval of his associates to plan for index
tho unpaid assessments and taxes that stand a.
lien upon real property II Is expected that under THIS
plan the proper officials Will Ds abe 10 furnish ccrn
cate liens at for 80 cents for which Sll
IL demanded by the solrchers after some delay
There many other minor reforms that will be pro
poad by the commission bat the above cover the most
Important upon which they have arrived 1T any
definite conclusion.