St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-06
THE roRRENs LAND TITLES.

What is known as the Torrens
system of land titles takes it's name
from Sir Robert Torrens, formerly
connected with that branch of the
English service having to do with
the registry of vessels. Going later
to Australia, he was struck by the
cumbersome methods of transfer
ring land titles, following English
precedents, and he could not see
why the transfer of the ownership
of land might not be as simply eff
fected as is that of ships. The out
come of his efforts in the colonies
was, briefly, the enactment of laws
providing for the determination Of
the ownership Of land by proceed
ings in court. The decree entered
became a basis of the new title.
It adjudicated all interests present
and contingent, and fixed the title.
Thereafter transfers were made by
a simple registry of the deed Or by
the register when the parties APP
peared before him. A certificate of
ownership was given, and was the
sole imminent of title.
No person would be heard to ques-
ton the title thus established. To
provide against the claims of those
not heard in the proceedings, and
who had just interest in the land,
a small fee was charged the owner.
which went into a title insurance
fund. Should a claim be esta blished
its value was ascertained and paid
out of this fund, but the title and
occupancy under it could not be
disturbed. In practice this fund was
found to be practically useless, the
adverse interests having been gen
orally adjudicated. The result is
absolute quietness of titles. No
owner is agitated by the appearance
of stale claims, or put to loss in
defending his right of ownership.
There are some phases of this mat
ter we have not alluded to in it's dis
cussion. Principal among these is
that Of the value of land with or
without a clear title A cloud on a
title cheapens the value of the land
value. Improved land with good
buildings can be bought within fifty
miles Of London for from $50 to S1OO
an acre, if one is Indifferent to the
condition of the title or to the Iitiga-
ton that may ensue. The vicious
ness of the titles in Kentucky and
Tennessee, where they are said to be
''knee-deep," renders the land of lit
tie value. Any unfortunate who has
tried to borrow money on Or sell
land whose title was clouded has
experienced the depreciating effect
of the cloud. If he has started out
to perfect the title, he has trod a
long, Wearisone and expensive jour
ney before he was through. There
is hardly session Of the Legislature
that acts are not passed to cure the
defects in some titles. With singu-
lar perVerSity errors continue to be
made, and new acts must be passed
to cure them. The curative acts of
this state stand monument to the
ignorance of officials and the alb
surdity of our system.
1t is a safe estimate to say that
seven out Of ten Of the land titles of
this state are more or less defective,
some vitality SO. No prudent man
would think of buying land or lend
ing money on it unless the title is
examined and pronounced safe-not
perfect, but safe. There is no abso-
lutte security. OF two equally desir-
able pieces side by side, that one is
the more valuable whose title is free
/ from cloud. The application of the
Torrens system to our state would
very largely increase the value of
the land in it. In the reduction of
the cost of conveying, the ease of
transfer, the cessation of litigation
following it, there would be an addi-
tional value whose amount is meal
culable.
There is nothing but custom and
prejudice to prevent the reform.
Attorneys, abstractors and convey
ancers will oppose it just as they op-
posed Sir Robert when he went back
to England to induce it's adoption
there. In a way, it is in practice
here now. There is hardly a cor