Daily independent. [volume] (Elko, Nev.) 188?-1915, 1891-05-18
ANOTHER AUSTRALIAN IDEA.
The Torrens System OF Registering Real.
Estate Transfers.


Estate Transfers.
The American Contractor contains
the following in regard to the Austria
lian system of real-estate transfers,
known as the Torrens system. This
system has been in use for over thirty
years in Australia, and, as far as can
be learned, gives satisfaction and does
not infringe upon anyonc's right or
privileges. In south Australia in seven
teen years the total amount of claims
arising ON account of titles thus granted
was fifteen hundred dollars. Its dis
cussion by the Illinois State Bar asso-
citation is evidence of the interest that
is being felt in it and recognition of it's
merits.
"Briefy stated, it is what is known
as registration of titles'-a system by
which, after the title is registered, it is
transferred only on the books of the
registrar in analogy to the transfer of
registered bonds, stocks, vessels, etc. 1t
most closely resembles the transfer of
vessels, which is done by the surrender
of the old certificate of registration and
taking out a new one in the name of
the new owner. Such a system has
European states for over a hundred
years, and in Hamburg for over six hun
dred years. Its use among English
speaking people originated in South
Australia by Sir Robert Torrens, and
has been generally known as the Tor
rens system He claims it was first
suggested to him by the method in use
in transferring vessels. So satisfactory
has it proved that it has since been
adopted in the other Australian col
onies and in Tasmania, New Zealand,
the Fiji islands, British Columbia, Man
itoba and Ontario. 1t is also permitted
in England.
''The distinguishing feature is that
the title is transferable only upon the
record on the surrender and cancella-
| ton of the certificate of title of the sell
Ter and new certificate is issued to the
purchaser.
eff only a portion of the land is
transferred certificate is issued to the
purchaser for the part purchased and a
new one to the owner for the part which
he retains. If peculiar estate is
created, as for years or for life, a GER
tiicate is issued to one for the particu-
lar estate and to the other for the re-
version or remainder. Every transfer
is under supervision of the registrar,
| and all questions touching its regular
ity and validity are settled at the time
of the transfer. So no question affect
ing the title can, therefore, arise except
in case of fraud, and then only while
the property remains in the hands of
the purchaser or others having notice
| of the fraud.
"It would do away with the enormous
cost Of obtaining abstracts as we'll as
avoid the loss of time incident upon the
| present transfer of title. 1t would
save the state some millions annually
| which now are spent in making, keep
ing and storing the thousands of vol
umes upon whose pages the old and
| new records are spread in detail, all OF
which have to be gone over every time
new owner obtains the fee to the
property unless he accepts in lieu
thereof the guaranty of some title
! guaranty trust company, which is gooc
only so long as said company remains
wholly solvent. But the purchaser has
no assurance that If in future years
some hidden claim arises against his
property the title-guaranty company
will not be SO incumbercd with suits OF
other claims as to be already insolvent
If perchance it may not already from
other causes have gone out of business
"The state, which is the people il
their aggregate or representative sense
should be the arbiter, quieter and guar
antor of all titles to real property, Just
as it is the protector of the individual
rights of all citizens, and this should be
done ut the minimum expense of money
and time both to the state and che citi
zen, commensurate with security anG
protection to separate rights under the
laws" 4