The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1891-04-16
ANOTHER AUSTRALIAN IDEA.
9Ae Teprens System Of Registering Real
Estate TraHsfSrs.


the following in regard TO the Austria
liam system of real-estate transfers,
known as the Torrens system. This
aystem has been In use for over thirty
years In Australia, and, as far as can
be learned, gives satisfaction and does
not infringe upon anyone'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 1t and recognition of its
merits.
"Briefy stated, 1t Is what is known
as registration Of titlos'-a system by
which, after the title Is registered, 1t 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 new one in the name Of
the new owner. Such system has
been used in Bavaria, Prussia and other
years, and in Hamburg for over six hum
dred years. It's use among English
speaking people originated in South
Australia BY Sir Robert Torrens, and
has been generally known as tho Tor
rens system He claims 1t was first
suggested to him by the method in use
IN transferring vessels. So satisfactory
has 1t proved that It has since been
adopted in the other Australian col-
onies and In Tasmania, New Zealand,
the Fiji islands, British Columbia, Man
ftoba 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-
tion Of the certificate of title of the sell
ler and q new certificate is issued to the
purchaser.
"If only portion OF the land Is
transferred a 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, GER
uhcate 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 it's regular
tty 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
a ro1vr I, ~ hor
of the fraud
1T would do away with the enormous
cost of obtaining abstracts as well as
avoid the loss of time incident upon the
present transfer of title. It 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 good
only SO long as said company remains
wholly solvent But the purchaser has
no assurance that IL In future years
come hidden claim arises against his
property the title-guaranty company
viii not be 80 incumbered with suits on
other claims as to be already insolvent,
Y perchance 1t may not already from
sther causes have gone out of business.
''Ths state, which Is the people In
their aggregate or representative sense,
should be the arbiter, quieter and guar
sotor Of all titles to real property, just
- It ts the protector Of the individual
Fights Of all citizens, and this should be
done ct the minimum expense Of money
end time both TO the state and the citi-
ssn, commensurate with security and
pro<sction to separate rights under the
lava"