The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-19
THE TORRENS SYSTEM
An Exposition Ofthe Reform Sys-
tenn of Fixing Land Titles.
William A. Pickens Addresses the Prog
ress Cuban Assurance Fund to
Protect Certificate Holders.

The "Torrens Land System" was the sub
Ject of an address before the Progress Club
by William A.. Pickens yesterday afternoon.
He spoke in part as follows:
This system is not an experiment; Ii has
been tried and there have been no oh
j~ections to 1t where il has been thoroughly
tested. 1t is now in operation in parts
OF Great Britain and Ireland. Hesse-Darm-
stadt and Zurich. Prussia, Turkey, South
Australia, Queensland, New South Wales,
Victoria, Tasmania, West Australia, New
Zealand, Figi. Ontario. Manitoba and the
Northwest Territories of Canada The Tor
rens system proper was first brought into
operation i'm 1886. 1t has been in force in
Vancouver island since 1861 and in British
Columbia since 1870. The chief results of
the use of the system are certainty Of
title, facility in proving title and simplic-
ity in dealing with lands. By the present
system each conveyance is tested by itself,
urder the law, and thus it becomes an
uncertain prop which may at any time
be knocked out, letting the title to valua-
bic property fall beyond recovery. Yet it
is almost certain that conservatism will
oppose any change and that 1t will involve
a contest to pass a bill through any of our
State Legislatures embodying the princi-
pies of the Torrens system. We have at
ANSNAA III Jun tAAio bo a dllOn
of the title to real estate. We record our
deeds. yet they are only evidences of title.
The only creature under our law that can
determine beyond dispute, in a majority of
cases. who has a title to land is the high
est appellate tribunal of Justice.
Under the Torrens system when any
owner OF any estate or interest, legal or
equitable, in any land, desires to bring bis
land under the new system, he procures
a blank application. When this application
Is properly filled out it contains the name
Of the owner with his residence and occu-
patton, a description of the land sought
to be registered, with a statement of the
applicants exact estate or interest there
in. the value OF the land, an abstract of
title or other evidence Of the title, a state
ment of all membranes or liens outstand-
ing, the occupancy of the land, the names
and addresses of the owners and occupants
OF all adjoining lands, and a statement that
tne applicant Is OF lawful age. The appli-
cation is under oath and the registrar or
master of titles has power to require fur
ther evidence. Upon the filing of this appli-
cation an examination of title is made,
and If found good in the person making
the application it is so registered and a
in certain cases requires notice of appli-
cation TO be given interested parties. If de-
registered until they are cleared up. This
Is usually done by estoppel notices issued
10 the persons sons In interested. If the person a
claim the title is registered against him
In favor of the applicant. If he appear
flicting claimants and decides the matter.
From his decision an appeal lies to the
courts. If the lands described in an APP
pliCation be subject to a mortgage the in
terestS OF both the mortgagor and mort
gage viii be brought under the system
Lands once registered under the new sys-
tenn must be forever afterward dealt with
under the system. When an application is
filed it must be prosecuted without delay,
and the proceedings are not abated on ac-
count Of the death of the applicant or
change Of interest, but title is declared and
registered in the name of the person or
persons found to be the owner at the time
the investigation is ended.
CERTIFICATES OF TITLE.
WHEN the registrar finds that an APP
plicant has a good title to the. whole or
any part of his land he issues a certificate
to him to that effect, keeping a duplicate
in his office in a book provided for that
purpose. The certificate states the name
and residence of the owner, describes the
particular kind of an estate he holds,
whether life, fee simple, remainder, ETC.;
describes the land particularly and accu-
rately., and is signed by the registrar and
IS sealed with the seal of his office. If
there be any liens. membranes or ease
ments attaching t. the land the certihcst tie
are particularly set out on the back of
the certificate. Several certificates may
issue to the same land. each describing the
exact nature of the interest of each holder.
Where several persons are owners and ten
ants in common of the same land one Ger
tfficate may issue to all, or q certificate
to each for his undivided interest. All
certificates of title are, by implication of
law, issued subject to reservations con-
tanned In the original grant from the gov
eminent; municipal charges and assess
nlents existing at the time when the GER
tificate Is issued; any subsisting and valid
assessments AnV n4TOl QOTaQnGnf or Ions o
for a shorter time than that prohibited by
the statute of frauds; judgments Of coIrts
OF record and mechanics liens, filed sub
sequent to the time when the title was last
dealt with in the registration office, and
public highways. Certificates are also issued
and subject, by implication of law, to all
the rights of adverse occupants at the time
of issuing the certificates. The certificate
Is subject to these implied reservations for
the new system to place all the incum-
ORANGES upon the certificate of title, so as
to make 1t show the exact condition of the
title. but there are certain conditions and
membranes which, on account of the
cupy, 1t would be Impractical to place upon
a certificate. These are defined and de-
clared by statute. so that every one may
exceptions a certificate is made by stat
ute conclusive evidence of title. tt has been
held however. that this section does not
part of the holder of the certificate. A
purchased for a valuable consideration
AACAA11 - IoA IAC1l Nv III L 1l
and the remedy of the injured party is
against the one practiCing the fraud. but
there is an exception to this rule in favor
of one who is a good faith holder of title
under a valid certificate issued prior to
the fraudulent one. In nearly all the prov
inces an absolute and indefeasible title is
issued at once, but in others only q prtma
facie title is issued at first. In the latter
case, after a etermtnat period, the orig
inal applicant for registry under the new
system or his transferee applies for an in
defeasible title. After advertising a GER
tain length of time fixed by the statute,
if no adverse claimant appear, he is granted
an indefeasible title.
THE CAVEAT PROCEDURE.
I'm Ontario and Manitoba, upon the
death of a landholder, his interest passes to
his personal representative, his administra-
tor or eXecutOr, and not 10 his heirs. When
an administrator or executor has qualified
he makes that fact known to the registrar,
who issues to him q certificate of title, in
his representative capacity, and after he
has fully administered the estate of the
decedent he returns his certificate TO the
registrar and causes another to issue to
the heirs. A very important feature of the
new system is the caVeat procedure. Any
person claiming an interest in land sought
to be brought under the new system may.
at any time prior to the registry of the
same, lodge with the registrar a cavaat.
This is notice TO the registrar that the
caVeator claims a particular interest in the
lane and forbidding his registering the title
in the name Of the person applying for it's
registry. 1t amounts u a temporary re-
Stralning order against the registrar. pre-