The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-07
AUSTRALIAN LAND LAWS.
"A system That Is Worth Trying in III

n system That Is Worth irving in This
Country.
AT tue banquet that was served by the
heal Estate Exchange on Monday last the
PRESIDENT. Mr.. Hnry NJ. Whitney, intro
uuceu subject old yet new which merits
quo attention OF every citizen who at any
.iliIe IN MS life hollis or expects to hold any
p"teei oI real estate. The cumbrous and
expensive method of its transfer il so Datent
ti'tt IL Is only extraordinary that radical
revision OF our laws on the subject has NOT
been earlier forced upon public attention.
When merchandise or bonds are tTans-
te.Ieu Tue delivery of the property constl
tutes the surrender of the title. The onera-
lion OF the transfer of stock certificates is
s!npIe ana familiar, but in real estate we
sui cling to the clumsy and expensive
method Of cOnveyancng. Of course, nine
tehths OF the transfers of real estate are
made In good faith and honOrabIy conducted
Inc possibility OF error is so great, how
ever, In some CT the documents drawn at
some period in the chain Of transfers that
connect the present with the original own
ers OF the soil, that ali sorts of schemes for
she recording and insurDg of titles have
oeen triea as temporary remedies of per-
manent difficulty
we are not, of course as badly off as En-
gland, with vast entailed estates that can
not he transferred, seignorial rights that
ciutch and eumber wel-nigh every inch of
wilderipg legal labyrinths that the vast
army or c0nyeyancerS and attorneys who
gain their living as guides through the
maZ"s, have been sufficiently powerful 10
defeat any measure for reform. Sir Robert
Torrens. the father of The reform, died after
life of agitation without the satisfaction
OF seeing land transfer advanced one jot in
twenty years in Great Britain, though he
llyed to see it dourishing in the British col
onies.
On the secnnd n,,o - ,,r;,.od - o.;
Robert Torren's own words the explanation
OF the main points of his system In brief
II returns the control Of land to the State
Whlch practically registers the land, insures
the lite, issues a certificate on which every
mortgage must be- registered and which
can he as readily transferred as a stock GER
tincate and only less readily than a muni-
clpai bond. A small fee, one-half penny in
tle pound, about one fifth of l per cent of
the value of the land, is charged when the
land is first brought under the system. The
amount so collected goes towards the insur-
ance fund in case The State officers them
selves can be shown to have committed
some error In granting the original title.
This insignificant fee has proved TO be more
than amply sufficient. In Australia the
fund has swollen IN years to large proper
tons, being seldom or never trenched upon.
In British Columbia there has never been
single penny paid from it.
In the case Of error where il is found that
the actual occupant Of an improved estate
Is not legally vested with the title TO the
land. the real owner of the land is paid the
valuation of his estate in money and the
actual occupant is left undisturbed This "
absolute security of title in land acquired
IN good faith naturally encourages building
and improvement.
This system is, of course, ultimately a
death blow to lawyers aud cOnveyancers
and a vast saving to buyers aud sellers. Sir
Arthur Blyth, Agent-General for South Aus
traiia. said before the House of Commons
Committee as long ago as 1873:
Registration OF title is almost universal; for
one transaction under deeds now there are a
thousand under the Real Pronerty Act. IL is a
curiosity II you get person with deeds Toa
person wanting to borrow money OF me | should
say first Real Property Act, l suppose p Then
the next thing would be, You do not want A
lawyer, / suppOse? He would probably say
No; l would accordingly say, Come with me
TO the Registry ONCE; you have got your ceriiIi-
cate with you' | should draw out a MORTGAGE
on The counter al the Registry ONCE, where print
ed forms are provided, and have IL witnes, SEQ,
and hand 1t 10 The clerk, and say TO him: Ill
will be ready Tomorrow afternoon, suDpOse?''
When the mortgage Is paid of the transaction u
even SIMPLER surprising you was the mort
gagOr and l was the mortgage Before You
gave nue. the money 1 should sign this recent
before a well-known persona credible witness
and give It to You, and let you 20 and clear
your TILE. There is no necessity for the inter
yention OF lawyer; such thing Is never heard
Under the benefcent system of this act
mechanics in New South Wales not only ara
encouraged to become. but they have almost
all become owners of the soil, with some
thing at stake in their own country There
are Titles IN this city that it has taken three
years TO search, which under the new sys-
TEN could be established in three minutes
1t is simple, it is sensible, and it is cheap.
Massachusetts led the Union in adopting Inc
Australian ballot, is ii too much TO hope that
she may lead the Union in the adoption of
the Australian land aw?-Boston CONNER
cial Bulletin.