The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-01-07
The Torrens System.

we are indebted TO AuSCralla Tor the
ballot system, which is being rapidly
adopted by the various states in the Amer
lean union. 1t can be improved upon, no
doubt, in some particulars, but expert
ence in its use SO far has demonstrated
its superiority over the old systems and it
will probably, with some notifications,
be the ballot system of the future.
We are likely to derive from the same
country an improvement in our system of
establishing land titles, their registration
and transfer. The plan in use in Aus
tralia is known as the The ToRRENs sys-
tenn, after the name of its originator. It
appears to secure that directness, GER
tainty and cheapness which are desirable
in such transactions. A sure title to land
and an easy method of transfer which
will prevent fraud and show the status of
a piece of property at glance, will not
only be boon to real estate men, but be
appreciated by every property owner.
The system, explained briefly, is as fol-
lows: The state provides for a public
registration of land titles. The owner or
claimant applies to an officer called the
Registrar of titles. who holds judicial
authority. The applicant produces his
evidences OF title. An examination is
then made, due notice being given SO that
all persons having any adverse claim or
interest in the property may contest, and
if it be established that the title is clear
and there are no contestants, certificate
of title is issued by the registrar to the ap-
plicant.
If there are adverse claims the matter is
referred to the court having jurisdiction,
and no certificate is issued until the case
is iudicially and finally determined. The
certificate settles the right OF the party
who holds it to the title. Any incum-
brance upon the property such as mort
cages, trusts, etc, are noted on the doc
ument.
A duplicate of the certificate with it's
endorsements, if any, is retained by the
registrar and bound in book with others
which becomes a public record. The GER
tifcate when granted is final, the same as
a decree of court, as to the title, ana is
beyond legal question. No transfer can
be made except by endorsement on the
certificate by the registrar. Everything
affecting the title in any way must be so
endorsed.
Under this system the state of the title
to piece of land, can be readily ascer-
tanned. An inspection of the certificate
in the registrars Office unfolds the whole
story. Delays and expensive abstracts
are avoided. The instrument itself is
simple in form and SO are any convey
ances that may be made. Those who are
familiar with the system say that real
estate under it can be transferred OF given
as security for loans, as easily as stock in
corporation.
1t has been adopted in all the Austria
Ian colonies, in New Zealand and British
Columbia, and there is a movement on
foot to introduce it in England. In this
country the plan has been endorsed by
several noted public men, and it may fol-
low in the wake of the Australian ballot
law.
When Utah commences its work Of leg
islation as state in the Union, it may be
found worth while to adopt this appar-
emily simple and efficacious method.
Meanwhile some of our Leading lawyers
and legislators would do well to obtain I
further information on this subject and
give it thorough examination.