Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-08-21
INDEFEAsIBLE TITLES.

INDEFEASlBLE TITLES.
The paper then proceeds to give short
history Of the reform in Europe and in this
country, and treats of the subjects of regis
tration, lndefeasible and guaranteed titles
and indexing, giving an explanation of the
correct principles of indexing and of the
block inde1ing act which goes into opera
tion in the City Of New York on January 1.
1891.
The registration of indefeasible titles as
proposed by the bill recently introduced
into the British House of Lords by Lord
Halsbury, the present Lord Chancellor of
England, Mr.. Olmstead considers impracti-
cable in this country. The reasons assigned
being that where land has been for q con-
siderable time held and conveyed under the
methods of the common law, titles indefeasi-
BILE in themselves cannot be placed upon the
register, and if State guarantee or an assur-
auce fund is to be relied on, preliminary ex-
aminations of the titles will be required,
which it would be impossible to undertake,
especially in our large cities; and that there
is no method left of reaching indeieasible
titles except to follow the plan proposed by
the late English writers, to place them on
the public land register and allowlthem to
mature by lapse of time.
TO REMEDY ovERGRowN INDEXES.
The paper then takes up the subject of
indexing, defining the term ''Area of
Search, and claiming that safe indexing is
possible only under statutory areas of search
with definite boundaries, established by law
as areas of search. What is the remedy for
an overgrown index of the records in pub
lie land Office? This question Mr.. Olm-
stead answers as follows:
The remedy, and the sole and Only remedy,
consists in reducing by statute, the existing
areas of search to lesser areas Of search, and to
each OF such new lesser areas shall be of the
same legal force and effect as was the record
ing and lndexing under the large area. Thus,
the Legislature may enact to substitute for the
county area of search. the area of several towns
in the country. And as the area Of each town
is less than the entire county area SO an index
OF instruments recorded In the town would be
proportlonately smaller than an index Of all
the instruments recorded in the county. In
short, small index is easily examined, while o
large index is not, and by reducing the size Of
the area of search we reduce the size of
the index. And this reduction may proceed to
such an extent that the index is the least Of the
difficulties connected with recording But in
respect of the index, this condition must be OBJ
served, without which such reduction Of areas
of search would be futile If it is desired to give
notice by the index, viz: The area of search
must be fixed by law with reference to the
legal rule of notice made applicable to such
areas. 1t follows that such areas must possess
definite and permanent boundaries capable Of
being ascertained by survey.
DEFECTS IN THE LOT METHOD.
After setting forth the principles upon
which indexing of land records should be
conducted, Mr.. Olmstead considers the plan
of lot indexing proposed by his four co-com-
missionefs of land transfer, one being that
of indexing by the areas of ownerships in
stead of by definite statutory areas. He
says:
In order to give notice of land dealings
by public record, the areas of fearch used for
the purpose must have fixed, permanent and
ascertainable boundaries established by statute
in connection with the rule that instruments in
order to be fully notified to the public, must be
indexed under the several areas Of search
which they affect This was the same princi-
pie upon which recording and indexing had al
ways been conducted in this State, and it
seemed clear that it could not be changed.
The conclusion necessarily was that safe in
dexing required the use OF definite statutory
areas of search, and the retention of the pres
ent system as against the plan of indexing by
areas of ownerships whether fixed by judicial
decree, as under the Torrens system, or by the
use of notices designating the areas Of search
ded by their bill.
1t was also objected, that the mechanical
difficulty of indexing under variable area:
of search would be insuperable. Full ex
planation is given by the paper of the New
York block index act, which is to go into
operation next January.
1t is founded on the principle of small statu
tory areas in lieu Of the county area, and Q
jump has been made at once from the entire
county area to the lesser area of city blocks
bounded by streets and avenues. Possessing
fixed and permanent boundaries. and being OF
small and fairly uniform size, they serve the
purpose admirably of areas of search.
THE CORRECT PRINCIPLE
upon which such reductions of areas of search
may be made is clear. This. however, is the
first time in history that an attempt has ever
been made to index public land records under
so small areas as city blocks apart from the
faulty method of the Torrens and other guar
antee systems of indexing by the areai
of individual ownerships. The new act
beside reducing the legal areas of search
to blocks, provides for TWO principal
system into operation; one of which is the max
ing of q complete map of the city on which are
to be laid down all the city blocks, each block
number. This map is again to be sub
divided into sections. and there will be l3 sec
tions for the present city. All ths books re-
lating to land in any section will BE indorsed
with their section number, and should be kept
together in separate alcoves SO that whatever
may be the aftergrowth of the city, the sepa
rate sections will constitute independent regis.
try districts and independent offices may be es
tablished if desired.
The other mechanical process directed by the
act is the preparation of index books. the form
of which Is prescribed by the act and is novel
In order to avoid mistakes of indexing, it is dl
rected that at the head of each index of
block shall be placed the diagram o.
the block showing its section number
its block number. and the names o.
the bounding streets. Under the block dia
gram will be enJered references to th,
liber and page of the recorded instruments
There will be separate indexes for deeds ant
mortgages. After these indexes are put int
use next January, person wishing to lear
what deeds or mortgages have been recorded
affecting any particular lot will only need I,
look at the index book under the diagram o
the block in which the property is situated
where he will find at q glance q reference {,
all papers which have been recorded affecting
thai block.
SEARCHING AVOIDED.
The act requires person fling an instru
ment for record to indicate either in the bod
or by Endorsement under what section ant
block it TO be indexed. and it is to Be indexe,
by the Register accordingly. The consequence
will be that as to all instruments recorded il
the New York Registers office on and afte
January ], 1881, searching as now conductet