The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-20
THE ToRRESs SYSTEM.

TIE legislature Of Illinois, before its al
tournment last week. passed ia" n
which vas practically embodied the Tor
rens system o. land transfers The oil
passed requires that before the law shaA
20 into operation IL shall be submitted 10
a vote % the people for their approval or
rejection. From the vote upon the meas
ure. which vas fo5 for and % against, II
would seem probable that the people VIII
favor the putting O. the Law upon the
statute books IN any event the merits and
Disadvantages OF this much discussed sys-
tenn OF land transfers will be presented as
they never have before in this country.
nc doubt greatly 10 the profit OF the peo-
pie OF those states In which the law has
received considerable attention.
The essential features Of the Torrens law
have long been in existence In Australia
and some European nations. and have re-
celved no little thought and study In many
states OF the Union. In efinnesota and
several other commonwealth commissions
have been appointed 20 investigate the
subject, and. while the reports have not
the system. yet # is conceded TO have many
excellent features which might possibly
form the basis for a new system OF trans
fers in this country. The agitation in be
hall OF the measure IN Illinois began over
six years ago. when Governor Fifer ap-
pointed a commission to examine the
system and report as 10 the desirability
OF applying II to that state. The COM
mission reported unanimously in favor OF
the new system over two years ago. but
there has been considerable opposition to
II from the first and IL is only within
week that its friends have been able TO
secure the passage of bin submitting
the question 10 the people.
Under the Torrens law man can trans
fer real estate as quickly as government
bond. The recording officer of the county
issues q certificate 10 the owner of the
property. giving a fun description and
the last transfer of record Endorsed there
on. After this and until the certificate is
completely written over each transfer,
mortgage or release will be endorsed. A
moments comparison with the ledger of
the recording officer Will instantly prove
the condition OF the property. Whenever
a new certificate is issued it will start with
the last transfer OF the old one.
The new law will do much to facilitate
real estate transfers. making IL as easy.
as one of its supporters said. TO sell or Suy
a piece OF property as TO trade horses.
II will do away with the keeping OF cufnb-
ersome records and greatly reduce the ex
penses necessitatcd by the searching of
titles This last argument has as much
weight perhaps, as any other in effecting
the passage OF the Illinois bill. Every
man objects TO paying large fees for an
abstract and large fees for having that
abstract passed upon by an attorney. 1t
seems unreasonable to pay $50 for looking
up the title to a piece of property worth
not more than $500. and yet in the case of
a voluminous and complicated abstract
this would not be unusual. II matters not
who owned piece of property fifty years
ago. so long as IL is clear now. and any
system OF transfers which will provide
the owner of property with an up-to-date
going back through the musty records OF
years viii meet with general approval.
provided, OF course. that that title be as
sound and good as that now secured in our
present intricate method OF transfer.
very elaborate Torrens system bill
was introduced In the Washington legs-
laturs by Senator Claypool in 1898. but
there seemed no disposition 10 tackle so
formidable a measure. and 1t died with
out ever being reported by the committee
TO which II was referred. The novelty Of
the subject and the dsinclInation 10 bring
about SO radical a change in our laws is
possibly the reason for the fact that the
matter was given so little consideration.
with the experience of another state to
guide them and the good features and
disadvantages OF such law set before
them. as gathered from that experience.
il is within the power of our legislators. If
care. thought and attention is given TO the
matter. to remodel our laws of land trans
fer and record so as 10 give US the fea-
lures 50 warmly endorsed by the advo-
Gates OF the Torrens system. Transfers
OF real estate at the present day are ex-
pensive. not only to the owners OF prop
erty. bat also TO the county. which is un-
der the necessity OF keeping complete and
accurate records. II the Torrens law re-
duces these expenses Of transfer. provides
a simpler system OF recording and pre-
serves a clear and undisputed title, its
adoption by Illinois IS certain to be fol-
lowed by that OF other commonwealth
--------------------