The morning call., 1893-01-25
TORRENS' SYSTEM.
A Legislative Commission
to Report on 1t.
Senator McAIlister Starts the Ball
Rolling in this State for Reform in
Transferring Land Titles.

The publication in THE CALL of the
| article describing the workings of the Tor
rens system If transferring land titles has
awakened great deal of interest in the
matter among real estate men and property
| owners.
There seems to be no objection to the
new method, while everybody who under
stands it commends ii ana is anxious TO
have it adopted in this Stae.
Like great many other useful inventions
the Torrens system is extremely simple.
In fact its simplicity and its eneapness are
its two strong points.
In word. it does away with abstracts
and the cost of transfers will be less than a
fourth Of per cent.
The system provides for the establishment
OF land registry TO the end that all land
transactions may be registered. And only
a change of the name of the owner on the
registrars book Is necessary when the land
is transferred.
Last year. at its annual session in Buffalo,
n. Y. the Real Estate Association of the
United States appointed ecial committee
10 advocate the general adoption OF the
TOrrenS system,
Governor Russell of Massachusetts, In
February OF last year gave a special mes
sage on the subject, advocating its adoption
by the General Assembly. And this advice
will probably be carried out in this session.
In Illinois the Legislature IS even now
framing a bill, which in all probability will
soon become a law.
Nor Is California behindhand in this mat
ter. Senator Elliott MeAllister of this city
mas already introduced into the Senate OF
this State a resolution asking for the ap-
pointment OF special commission, to serve
without compensation, and report an act
in accordance with the T0rrens system at
the next Legislature.
AT its annual session in Sacramento last
September the California Bankers Ass0cia-
ton heartily Endorsed the Forrens system.
The new method was originated IN Austria
liza by Sir Robert Torrens, and Is now also in
| vogue in Tasmania, New Zealand, British
| Columbia and part Of Canada.
It's purpose is 10 make the transfer of land
| as simple and inexpensive as the transfer OF
bank stock and the title of tho holder as
| free from danger or difficulty As ordinarily
| the title of the holder of bank stock is to
| the shares he holds.
AS suggested by Governor Russell's mes
| sage, the act operates about as follows
| title may be registered as absolute or pos
! sessory II an absolute title Is required, The APP
plieant VIII not be registered as The owner of the
| fee simple unless the title is approved by the
masters OF titles. The hfst registration OF per
| owner OF any land with an absolute title
viii vest IN that person an estate In tee simple In
| the land, subject TO any membranes entered
the register. IL possessory Title is required,
| the applicant VIII be registered as owner Of the
| fee simple, on giving such evidence OF title as
may be required.
TIE registration OF any person first regis
tered owner OF land, with a pOssessOTY title only
Will not fleet The enforcement OF any estate.
right or interest adverse TO or in deogatOn OF th
Title. either subsisting OF capable OF rising AT the
| Time Of registration. Should ir appear TO The
masters of titles that an absolute title
| TO land sought to be registered can only
be established for limited period, subject TO
| reservations, they may, on the application OF the
| person applying 10 be registered owner, ex-
cept from tie effect OF registration any es ate
| right or interest arising before specified date,
or arising under a special instrument, or other
| wise particularly described I'm the register.
| title granted under such conditions Is TO be
called a qualified title.
The masters OF titles must give to tile first
| registered owner " land certificate and this
| rttcate must say whether the title OF the
| owner Is absolute" "qualIhed" or pos
| sessoIy."
An insurance fund is created 10 indemnify
| persons that suffer loss through misdescIptioD,
| omission or other error on the value OF the land
! o. the first certificate of title being granted, IN
| addition 10 registration fees. Any question as
| 10 the liability Of the fund for compensation Is
| To be de ermiued by the masters OF titles.
The chief benefit obtained is The indeieaslble
! nature OF the title obtained, together with the
| speed aud certainty of transfer aud the abroga-
| tion OF the necessity OF abstracts OF title.