Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-03
ANOTHER AUSTRALIAN REFORM.

The function of Australia at present
seems to be to furnish new ideas in legisla-
ton to the rest OF the world. The Australian
ballot system has gone a long way toward
reforming elections all over the globe. 1t is
followed by a proposal to adopt in this
country the Torrens land law for simplify
ing the registry transfer and guarantee of
land titles.
Everyone who has given this subject any
attention will recognize the Importance of
the object Before the Australian law at
traeted any notice in this country it was
recognized that the system of examining and
guaranteeing titles to real estate lett much
to be desired. Two drawbacks to invest
ments in real estate have been clearly OBJ
served, namely, the labor and cost of assur-
ance that the title is clear and the delay in
selling real estate or borrowing money on its
security. The average man who buys a
piece of land is unable to determine for him
self the validity of the titls. The immense
number of volumes through which title
must be traced in this county has lately
formed the subject of local comment, and
an effort has been made by the Bar Associa-
tion to mitigate this burden by simplifying
the form of deeds.
The Torrens law, which was been In oper-
alton in South Australia for over thirty
years, establishes the office of register gen.
eral. Any land owner can submit to this
official his deeds and all other instruments
affecting his title, and after the register
general has examined and approved the title
with due notice to adverse claimants he
issues certificate which gives the holder an
indefeasible title to the land. Thereafter
no one can oust the holder of the certificate
for flaw in the title; and the property can
be transferred by the return of the certificate
properly indorsed for transfer on the books
as stocks are transferred. Mortgages and
other membranes are noted on the GER
tifcate. The possibility of injustice to
claimants. who may appear after the GER
tifcate is issued is covered by a charge
equivalent to 81 on $1,000 OF valuation
which is put into an indemnity fund for the
satisfaction of such claimants.
III w VI
fers which this system is asserted to secure,
its relative cost is shown by the fact that
the charge for the practical insurance of the
title is much less than it can be done
for by title guarantee companies. This
arrangement is highly satisfactory to
the holder of land certificate; but
whether the State would fare so well, is
vital question. 1t has worked well in
Australia, where few titles have to be traced
for more than half century; but whether
that percentage would pay for the claims
that might arise out of the course of titles
running over a century or two is not so
clear.
The subject is one of interest and import
ance. Governor Russell, of Massachusetts,,
whose State led in the adoption of the Aus
tralian ballot system, has recommended the
appoirtment OF a commission to investigate
this second reform from that antIpodal re-
gion. Ii is clear that if real estate titles
can be placed beyond dispute and made
easy of transfer it will be a great gain; but
it will be wise to place that fact beyond
dispute before disturbing the present sys-
tenn.