The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-14

and intimate that unless objection Re made By
lodging cavsst within the tine prescribed By
the registrar. the land VIII be b-oczh under the
provisions Of the act and indsieasibls Lite
will be granted to the applicants II within
the time appointed q cayehi is lodged, the ae-
ton Of the registrar is suspended until It is
Withdrawn, or until a final judgment Of the
supreme court can be Obtained upon the ques-
tion raised These notices are given By pubIica-
tios, and are complete and final.
Under this Australian land transfer act
it is not necessary to examine the deeds in
the abstract OF title; these no longer exist
They have been delivered up 70 the regis
trar and when certificate of title IS
granted they are cancelled. An investor
therefore does not run the risk Of mis-
take or blunder of his solicitor Every
transaction is & fnaIity and complete
security. Since, IN spite Of every precau-
ton. mistake may be made in granting
indefeasible titles, a small charge is made
at the rate Of half-penny in pound ster-
ling, which amounts 10 about one-ffth Of
per cent. upon the value of the land
when first brought under the system, and
upon the value of the land transmitted by
will, or upon the intestacy of the regis
tered proprietor. This small sum has been
found so much in excess of any demands
upon it that q large insurance fund has
accumulated in each colony during the
period in which the act has been in oper-
alton.
The state thus compensates a rightful
owner By money payment, if perchance
lawful claimant has been deprived of
land by an error, instead Of allowing him
to recover the land against good holding
title. This course commends itself to the
sense Of natural justice rather than the
principle OF English law which would in
such case place an owner in possession
not only Of his inheritance of the land
itself, but also Of the capital of parties.
who, innocent of fraud, may have invested
their money in buildings and betterments
thereon.
The Australian system, by giving abso-
lutte security to the employment of capital
in improved land, has restored 10
their value as building sites many
blocks of land suffering depreciation
by defects and uncertainties OF titles.
After eighteen years operation in
New South Wales no compensation had
been made upon the titles registered, and
no claim against the assurance fund had
been sustained. In British Columbin the
indefeasible title is not granted until
seven years have elapsed from the first
application. To effect registration of an
absolute fee the following course is pur-
sued: The application is filed out. 1t is
then the duty of the registrar to examine
all title deeds produced, and if satisfied
that the applicant has established a
prima facie case, description of the prop
erty is recorded in a book called
the Absolute Fees Parcels Book, and
is also entered in the Re-
gister of Absolute Fees, in which is given a
short epitome showing the nature and
legal effect of the title. A certificate is
then issued. After registration for seven
years the owner may apply for an indie
feasible title. If after advertising for three
months no adverse claim is made and sub
stantiated, he obtains certificate of indie
feasible title, good against all the world
except the crown. The registrar must be
duly qualified barrister or solicitor The
best evidence that the act works satisfac-
torily is that no certificate OF title has ever
been attacked since the beginning of
registry under the act in 1870.