The record-union., 1893-05-19
TRANSFERS OF REALTY.
The TOrens System Recommended
for California.
A New, Economical and simplified
Method for the Transfer of
Titles to Real Estate.


create a special commission for the pur-
pose of examining and reporting to the
thirty-first session of the Legislature
on the Torrens Land Transfer Act of Aus
tralia," and making an appropriation
therefor. The RECORD UNION has taken
the trouble to look up the history of this
system, and to-day gives the public
clear insight into the proposed new
method of transmitting titles to realty.
The Act provides for the appointment
Of five persons as Commissioners and
stipulates that four of them shall be
members of the legal profession"
This commission has not at this writing
been appointed by the Governor, but he
stated in recent interview that it would
be at ali early day, and it is probable that
an unbiased investigation will lead to
report tavoring the adoption of the Tor
rens system.
The system has been in vogue in Aus
tralta since 1888, and has also been
adopted and used for many years in New
Zealand, British Columbia and Manitoba.
The system is known and distinguished
as the 'Iorrens SYSTEM" so called after
Sir Robert Richard Torrens, who spent
much time in perfecting the same, and in
efforts to cause its adoption in England
and her colonies. Hon. r. H. Fitch read
paper indorsing the system before the
State Bar Association of Ohio last year,
from which the following extracts are
taken:
LAND TRANSFERS.
The recording and transfer of titles is
not only convenience, but it is a neces-
sity, not only to the State but to the in
dividual owner.
1t is required that the State for assess
ment and taxation, shall know the owner
OF each parcel of land and the location of
the amount owned.
For the owner, that his title may be
kept from dispute and that purchaser
may ascertain its exact condition, both
as to ownership and membranes. r
The question OF transfers of land has in
the past few years attracted much atten-
tion and discussion, and new systems
have been devised, some of which have
been enacted into law and are undergoing
the test of practical experiment, while
others are still under discussion.
That it is practical question demand
ing a solution, no one will controvert who
has occasion to examine the title to
piece of land in the Recorders office of
any county, or who is required to furnish
an abstract of title to his land before he
can deliver his deed or receive the pur-
chase money for the land sold. That
some change is required, some improved
method required, none will dispute.
L.
The paper quoted from then goes into
a description of the recording of transfers
and titles in Ohio and the changes in the
laws from time to time, showing that as
plats and subdivisions increase the pro-
cess of transfer and recording becomes
more and more complicated and exacting.
The author of the rorrens system sums
up its benefits briefly, as follows:
First-It has substituted security for
insecurity.
Second-It has reduced the cost of con-
veyancing from pounds to shillings, and
the time occupied from months to days.
1hlrd-It has substituted clearnesS and
brevity for obscurity and verbiage.
Fourth-It has SO simplited ordinary
dealings that any person who has mas
tered the three RS" can transact his
own conYeyances.
tiith-lt affords protection against the
largest class OF frauds
SiXth-It has restored TO their natural
value many estates held under good hold
ing titles but deprecated in consequence
OF some blot or technical defect, and has
barred the recurrence of any such defect
Seyenth-It has largely diminished the
number OF chancery suits by removing
the conditions which afford grounds for
them.
by this system, when land has beon
once registered, the owner obtains an in
deieasible title that is equivalent to a deed
from the Government.
Lands are brought under the system by
the voluntary application of the proprie-
tor, and cannot be withdrawn from its
operation.
1t can also be provided by law that all
lands subject to registration that pass by
deeds from Sheritfs, executors and ad-
ministratols, DEGREES of court or by will,
shall be brought under this system.
In his paper Hon. E. II. Fitch eavo
minute and exhaustive illustrations of
the recording of transfers of parcels of
land under various conditions by the
TOrrens system, and i'll conclusion he
says:
''It would take but few years to bring
all Of the lands under this system. This
would be accomplished by the
VOLUNTARY ACT OF Landowners,
BY requiring all deeds made by Sheriffs.
executors and administrators, and in par
tition or by decree to be at once brought
under it, as well as all lands that passed
by devise or descent.
Il suggest that if this association ap-
prove it, that the Committee on Judicial
Administration and Legal Reform, or
special committee of this association to
be at this meeting appointed, be empow-
cred to bring this bject to the attention
of the present General Assembly OF Ohio
and urge its adoption"
There is also a series of able articles
upon the subject in the HayUdrd Ldlg Re
Vteio, in issues from January to April,
1893. The articles were written by II.
w. Chaplin, Joseph II. Beale, f. V. Balch
and James K. Carret, and nearly all of
them commend the system or raise ob-
jections that would seemingly be easily
adjusted.
MASSACHUSETTS TAKES IT UP.
Governor Russell, in a long special
message to the Massachusetts Iepis-
lature, in 1881, advocated the investiga-
tion with the object of adopting the sys-
tenn, and said in this messages:
II believe that the Australian Tor Tor
reus) system of land registration and
transfer is the longest step that has vet
been taken anywhere toward that free
dom, security and cheapness of land
transfers. which is conceded to be SO de-
sirable to the interest of the people,"
In his message Governor Russell re-
viewed the complications of the system
in vogue in Massachusetts, and compared
them with the Simplitied processes Of the
Torrens system.
Edward Atkinson in the Century for
February, 1872, also contributes long
ana commentators article upon the SUBJ
iect, from which many arguments favor
ing its adoption can be drawn.
Probably the most exhaustive disserta-
ton upon the Torreus system extant is the
volume entitled Jones on Torrens Sys-
TEN, ontario and Manitoba" published
in Toranto in 1886.
A BOOK ON THE SUBJECT.
This work is by Herbert c, Jones. and
Dedicated to Beverly Jones, NJ. A.,
Honorary Secretary OF the Canada Land
Law Amendment Association, and
originator of the "Torrens SYSTEM in
The dominion OF Canada, as a recogni-
80, of his services in the cause of land