The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-01-22
SAFE AND CHEAP.
Anew Way of Transferring
Land Titles.
SALES BY REGISTRATION.
Advocated Strongly by the Real
Estate Men.
SALES BY REGISTRATION.

brouS costly and Old-laSh0ned. IL IL were
cheaper and easier TO make real estate trans
fers twice the amount Of property wouid
change hands every year. they say
The new system that II is sought TO intro
duce hore has been in operation IN certain
parts of Europe for nearly century ana IN
Australia since 1850 Everywhere, say Its
advocates. it gives perfect satisfaction TO
everybody, and by facilitating the buying
and selling Of land titles greatly aQgmenis
the real estate transactions.
II is called the Turrens system.
Under its provisions owners Of land are
not compelled 10 file applications for regis
tration Of titles The method, briefly, Is
about as follows:
The owner files with the Registrar his ap-
plea ton ia writing for the registration OF
his title. together with his abstract oil tltie'
These are passed upon by the examiners,
and If in their opinion the title Is IN the ap-
plicant the land Is registered oy us entry ~
the registry-bO book OF the Registrar
Such entry is a certificate signed oy the
Registrar certifying the title to he land 10
he In the applicant This is called the GER
Gfcate Of title and IS made IN duphcate.
One is kept by the Registrar and bound IN
the register; the other Is delivered to the
owner.
During the first five years after the land is
first registered the ceTtlh ate or tile Is
prima face proof, receivable IN all courts,
that The person named therein is the owner
Of the land After the expiration OF nYe
years from the first registration no suit
attacking the title Of the registered owner
can be brought, and the certificate OF title is
conclusive proof in all courts OF the owner
ship oil lis holder.
Provision is made for The protection of
the rights OF all adverse owners whose right
Of action may not have accrued the time
Of registration and proper additional time
IS given ia which 10 bring such actions. All
constitutional rights Of any owner or claim
ant adverse 10 the registered owner are fully
protected
After the land has been registered if the
owner would sell OF transfer the title he
first executes the usual deed (Quitclaim
special OF general warranty and submits 1t,
together with his certificate OF title, to The
buver.
IN every transaction the owner must
exhibit his certificate OF title. He can DO
absolutely nothing without il. If lost or
DESTROYED, upon proper showing the owner
may receive q certified copy, marked
Owners certified copy, lssueC IN place OF
duplicate lost" which answers the same
purpose as the lost certificate. No new
forms of conveyance are required.
The buyer after Inspection OF the proper
fOlium of title in the register. and finding
thereon no incumbrance or lieu, safely
pays over the purchase money and receives
Inc QeeG ana Eti tiLCAlo VI AitsCs Llt AuEu
delivers them both 10 the Reg StIaT, who
notes the transfer upon the register Ihls
act operates TO transfer the title. No title
passes by the delivery If the deed.
The deed, after delivery and before the
REGISTRATION OF the transfer, is mere con-
tract between the raTties It's sole object
is 10 authorize tie Registrar to register the
transfer. When the transfer is registered
the Registrar cancels the old certificate OF
title, and issues new one IN duplicate as
before. one, called the original. being re-
faiued in the register and the other, called
the duplicate, delivered to the buyer, now
the new owner. The deed IS kept by the
registrar. a mortgage OF reg stored land is
effected in somewhat the same manner.
Several real estate men, who were inter-
viewed yesterday by The CALL reporter,
expressed themselves as heartily In favor OF
the rev system, and as ready to advocate
It's adoption in this state.
Thomas Magee was very emphatic In his
preference for The Torrens method.
l don't think anything about IL" said
he, when asked If be thought it would be
beneficial thing for California aud this city !;
Il know IL would.
AT present the cost Of transferring land
titles IS very great here. If only the ab-
stIact is run down the expense is usually
more than S25. lhe adoption Of the Tor
rens system would be a splendid thing for
the Whole State. Il would greatly increase
the number Of Teal-estate transfers each
year and make the cost merely nominal.
There Is nothing more eXasperatiDg in
business to-day than our baTbarous and
tedious method Of transferring land titles,
and this Ism saying word about the eX-
peBse.
The sta tute Of limitations in this State,
which provides that five years adverse pos
session shall give a sufficient title. is totally
disregarded by the lawyers. They pay no
attention to II whatever.
II he new scheme WCUl imman 81
sums OF money. Take the realestate trans
fers Of this city for last year as an example :
There were 1855 sales last year. They
could not have cost less than 500. 900, not a
cent less. In fact when you allow $4,000
FOR the 1895 mortgages tne sum will be
much nearer 100000.
Under the T0TTens system the entire
cost would have been bnt S20O 900 at the out
side. probably much less.
But the saving Of money is not the
greatest thing to be considered when CON-
pairing the new and the old SYSTEM" said
Mr.. Magee; tits the time, worry, and pa
thence that the old system causes, that is its
greatest drawback.
L am satisfied of one thing, and that is
that IN twenty years from now vs. W III look
with as much contempt upon our present
system OF transferring land titles as we now
do upon the methods existing 200 years
ago"
IN linOis the Legislature is now wrest-
mug " III Inv proposition 20 euDatituf6 the
1OTieps system FOR the old system and in
many other Eastern States the adoption of
the new method is being strongly advocated.
In TINS city the new plan is being thor
oughly discussed and actively agitated, and
II Is not at all unlikely that some concerted
action Will be taken at an early date look
ing to the framing OF bill TO be considered
by the present legislature
a. II. Baldwin, outside salesman for
6. II. Umbsen d Co, has made cacula-
ton Of the c. ST OF the real-estate transfers
In this city alone for one year
Taking the mouth of January. In which
there are a few sales as any month during
the year. he finds the average is nineteen
sales day.
Al this rate, which, if anything, is quite
under the average, the total cost is S237, 100
year
'rhe fact is" said Mt Baldwin to CALL
man, that the entire amount is not much
less than $4,000 year. Including the
searcheTs abstract and the attorney
opinion, the cost OF single transfer under
the present method is about $40.
but he saving in time oil the Torrens
system IS. after all, its strongest point. II
often takes two months now to close a sale
and seldom less than from three to six
weeks.
when the sale is agreed upon. then the
trouble begins. First there is the searche;
to pay ana his work to wait for 1t takes
him from one week 10 ten DAYS and his
price is from SO TO S25.
Then the abstract is taken to an attor-
ney and another wait occurs. Asa rule he
taxes bis own time in passing upon the
title. Usually it is from three to six weeks
sometimes two months. His fee is from
SO 10 $50"
MT Baldwin is veteran real estate man
ana Is enthusiastic over the Torrens system.
ana so IS every other real estHte man and
pfopefty-owner who understands its simple
workings. '-e
The Fire Commissioners