St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-26
THE ToRRENs SYSTEM.

Some little explanation has been given
of what is termed the TokRENS or
Australian system of land transfers. 1t
is attracting attention quite extensively
over the country, and evidently grow
ing in favor. There is some instructive
feeling of dissatisfaction that it is cred
tied to Australia or other British PROV
lnces. The ballot Improvement meas
ure has that origin attached to it, and is
confessedly worth appropriating, but it
is being discovered that there could be
no Australian copyright, and this land
title matter should pass as simply the
TORRENS method, without regard to
who or what ToRRENs was or is. If it
is a good thing. this country would have
if. Seyeralpape in this state are in
siSting that while there is legislative
body rather more alert than its prede-
ceSSors in looking out for improvements
in modes of promoting the common
veal, its attention may be probably
directed to this subject. The governor
of Massachusetts, who is one of the most
progressive and SagaciouS of the officials
of his grade. has thought the matter of
sufficient Importance to present it to the
legislature in a special message. He is
impressed with the belief that there is
merit in the plan, but he would not
have it hastily adopted without investi-
cation. He would have a commission
to examine the operation Of the system.
find out it's advantages and defects, and
report to the Legislature next year. 1t
seems to him "the longest step that has
been taken anywhere toward that free
dom, security and cheapness of land
transfers which is conceded to be so
desirable in the interest of the people,"
After stating that the use of the method
when adopted is always optional, Gov.
RUSSELL explains its main features in
this:
Under the ToRRENs system the state pro-
vides for public registration of titles. Any
person claiming TO own piece of land can
apply for registration of his title to public
officer clothed with judicial powers, and
called the registrar of titls. The applicant
submits his deed, plans and other evidences
of title. The registrar then causes an ex
animation TO he made. and. after proper no.
tice and proceedings to enable all persons
who may appear to have any adverse inter-
ests to assert them, If the title appears TO be
good and no adverse claim is made. q certifi-
cate of title 10 the land is issued to the appli-
cant. If such claims are made. action upon
the application is suspended until the same
are disposed of in proceedings in the proper
court. Any recognized membranes or linn
ltations. such as mortgages, easements,
trusts ETC., are noted on the certificate.
Duplicate copies of the certificate are made
out one is given to the applicant and the
other is retained by the registrar and bound
up in a volume The title so registered is
made by law indefeasible; that is, the certifi-
cate is given the effect Of a decree of court,
which cannot be questioned.
The condition of the title can be as
Ger aimed by mere inspection of the
certificate on record. The state guar
antees the title, virtually. After it has
issued its certificate, it stands between
the posSessor and any other claimants.
1t is stated that in eighteen years that
the system has been in use in some of
the British provinces the government
has not been called upon to pay out any
thing on these guarantees. Titles are
transferred by it without deeds. but ON
certificates, the same as bonds and
stocks. 1t is probable that those whose
lucrative industries are abridged under
the system will find great lack of adapta-
ton in it to the political systems of this
country. 1t emaciates their opportuni-
ties, and those who evolve title claims
from very ancient legends would appar-
emily miss All avenue that leads to en-
riching results. As the history of real