Birmingham state herald., 1895-10-31
LAND TRANSFER.

We have before us the Torrens bill, as reported by the land transfer commis- sion which was appointed by the gov- ernor of Illinois to examine into the mat ter. This is bill to simplify and regu- late the mode of making transfers of real estate so as to guarantee a title without the hitherto costly necessity of examin- ing long chain of conveyanees and en- cumbrances. This system was first in- troduced in South Australia in 1858 by Sir Robert Torrens, from whom 1t takes it's name. It was adopted by all the provinces of Australia. England adopted 1t in 1875 and Ontario in 1884 The Prus-- sian land law of 1872 proceeds upon the same principle. Wherever 1t has been
 tried it has. proved most satisfactory
 At first the lawyers opposed it as re-
 moving large field for fees but the general feeling of the bar at the present is decidedly in favor of it. In England,
 where the act Is permissive, as it is in almost every country where 1t has been adopted a bill to make it compulsory has
 passed the house of lords without dis senting vote It is now pending in the. house of commons, and it's friends say it
 will be passed as soon as it is reached.
 The difficulties which attend the trans
 fer of lands under the old system are
 very onerous and often prohibitive from
 the cost of examining titles and record
 ing deeds Here in Alabama. as else
 where in this country, all defects of form and of substance are perpetuated through
 all time These defects necessitate ex-
 pensive abstracts and examination of
 abstracts and vexatious delays in ef-
 fecting transfers. It is estimated that Tn the state of Illinois alone the annual cost
 of abstracts and examinations by counsel
 exceed $10, 0,000, GOO. Under the Torrens
 system the register of deeds examines every conveyance and if the title is good
 a certificate is issued which has all the force and effect of a judicial decree. Ihe
 certificate vests clear title in the recipi-
 ent and the purchaser from him knows
 that his title is indefeasible. If the reg
 ister rejects the title he refuses cer-
 tificate and the cloud upon the title must
 be removed before the property can De
 listed as salable. All encumbrances are
 noted by the register, and thus a man
 desiring to buy land has nothing to do
 except to go to the register of deeds ana pay a. small fee for instant information whether it is safe to buy or not.
 The guaranty companies have done much to diminish the labor and cost ol tracing titles, but the policies or lhese companies generally contain many condl- lions and stipulations very materially liin- ting the value of the guaranty. ihey do not greatly reduce the expense or transferring or dealing with the title, nor is there much saving of time. NOT do these companies do more than guaranty
 the face of the record. They do not war
 ront inc file as conclusive or indefeasi- ble.
 But under the Torrens plan the regis
 ter's certificate has the effect of a f1nal
 decree. It settles the title and nobody
 can go behind it. The cost is reduced to a minimum, and the proceeding IS so slm- ple that any person of ordinary intell1- gence can carry it into effect without the aid of lawyer or expert. The eHect or the registered title under this system is to substitute security for insecurity. It affords absolute protection against fraud.
 It restores to their just value much prop erty that would otherwise suffer from technical defects It also largely dimin-
 ishes the number of chancery suits by removing the conditions that now require
 the aid of equity at heavy expense. It
 has also the merit of saving the rights
 of infants and others under disability, as
 no one can deal with the land except
 through the registers office, where all rights clearly appear and must be re- spected.
 It would not be extravagant to say that here in Alabama the adoption of the Torrens system would save $2,000,000 an | nually to those who have land dealings. If. as we have said, the saving in Illinois, is estimated at $10,0000O0, we think our figures as to Alabama are moderate. Here in Birmingham, where in the near future we may have repetition of the rapid transfer of real estate, such a sys- tenn of land registration would be of pe- culiar convenience and value. The sub ject is certainly worthy of the attention
 of our bar association, and especially of Governor Oates and of the next general assembly,