The San Francisco call., 1896-02-10
Salient Features Of the Torrens
Land Title Law of
Chicago.
ALAMEDA BROKERS' ARE BUSY,
Probate Auction Sales Catalogued.
Biclorama of Thomas H. B.
Varney.

the investor who purchases a parcel OF
land or lends his money on what he con-
siders to be the security of a good title,
know that his money is safe? What re-
dress has he if the title prove defective
and in consequence his investment be a
bad one? Cognizant of these facts legis-
lators throughout the civilized world have
racked their brains in their efforts to
throw safeguards around the ownership of
land and to enact such laws and forms in
the transfer of same as would afford proper
protection to the varied and compli Gated
interests concerned.
The good reports from the city of Chi
cago of a system of registration of titles,
recently adopted, and the appointment by
several OF the States of commissions TO ex-
anime into the merits OF the Torrens land
title law in force in Australia and in some
parts OF England, and from which the IIli-
nois statute originated, makes the present
fitting time for few suggestions con-
corning it.
From lengthy paper read before the
Six-thirty Club recently, by Warren
Gregory, of Chickering, Thomas & Gregory,
the following excerpts are taken:
The two great systems which exist to-day in
the record of title are, first, registration of
deeds, and, secondly, registration of title.
1t is the former which has, prevailed almost
Although the transfer of real property is
purely local matter governed by the laws of
the State in which it is situate, nevertheless,
the general features of this system are the same
in all the States Its sole efficiency lies in
| the fact that by it is preserved permanent
record The record of the deed gives it no ad-
ditional validity between. the parties whatso-
ever. The sole purpose of recording deed is
to give notice. Thus, section 1917 of the Civil
Code of this State is ssthat an unrecorded in
strument is valid as between the parties thereto
and those who have notice thereof" Nor does
the transcription of the document in special
simply q matter OF convenience.
Defects in the present system are obvious.
Lord Cairns, when introducing into Parlia
ment bi II which 1 shall notice hereafter, de-
clared that 'tthe objections to a register of
deeds are SO manifest that hardly any person
in the present day would venture to propose
it. 1t would not simplify title IN the least.
1t only puts on q form of record the whole of
that multitude OF deeds and conveyances of
the extent and complication of which we
already have so much reason to complain.
You have to investigate and search as before !;
in addition to that you have TO paw ior search
ers in the registry and also to pay in some
shape Cr other the expenses OF placing the
With this brief statement of few of the rad
ical defects in the system OF the registration of
deeds pass to a discussion OF the second sys-
tenn, viz, registration of title. In its essential
features it is practically the system introduced
in South Australia in 1858 by Sir Robert Tor
rens, but inasmuch as the details OF the scheme
differ somewhat in the various attempts which
have been made to introduce it in this country
will take as the basis the recent act passed in
the State of Illinois for the County of Cook.
90 this for the reason that the act introduced
in the Legislature of California IN January of
the last year had one feature quite unlike
the Torrens system. This bill passed the As
sembly at Sacramento, but was withdrawn in
the Senate. 4 general feeling prevailed that
not enough attention mad been given TO it to
enable the Senators TO vote inteltigently.
The difference between a registration of q
deed and the registration of title is funda-
mental. The essential feature of the latter is
that title passes only by the entry of the trans
fer upon the official register, and not by virtue
transferred and authenticated gives an in
defeasible title. The owner therefore does not
a certificate of title issued to him by the official
registrar. 1t is therefore precisely analogous
TO the transfer of corporate stock or of ship.
This brief statement would seem to be
charming in Its simplicity and effectual in
operation, but the plan by which it can be
worked out presents by no means an easy prob
lem. First, the method by which land can be
brought under the system.
In England and Australia parties are con-
rolled by no constitutional limitation, and
therefore have the right arbitrarily to fix a
date upon which all persons then registered
shall be admitted to be the rightfui owners of
the property, or to create in the Registrar alb
solute authority to pass upon the title of every
applicant. Such ruling is not possible in the
United States. For, if and each claim a
tra ct of land and succeeds in getting his
tt lie first registered, cannot thereby be de-
rived of his right to apply to the courts, for
if so, the Registrar would have deprived him
OF his property without due process of law
contrary to the fourteenth amendment. 1t is
therefore, essential, in beginning. to get over
this constitutional objection. The method
adopted in Illinois is as follows: A person de-
string to have his property registered must
make verified application to the Registrar
setting forth in detail the description of his
property, whethe he is married or single and
has estate in the land, and whether the same
be occupied or not.
Thereupon the Registrar, through two ex-
aminers (attorneys-at-law) authorized to be
employed by him, causes an examination to be
matter set forth in the application. He makes
minute inquiry as to the pOssessory right, and
posts up notice on the property for period
OF ten days. recurring all persons who have
ally -iterest in or claim to the land to appear
betoI the granting of the certificate of title
If it appears to the Registrar that the facts
stated in the application are true there is
issued to the applicant certificate OF title, and
from that time forth the land is within the
operation of the act The form of the certif-
cate is somewhat as follows:
"John Doe of San Francisco, aged 25 years.
unmarried, is the owner of an estate in fec
simple in the following land, subject to the
estates, easements, membranes and charges
hereunder noted.
witness my hand aud official seal this goth
day of December, 1895. -, Registrar"
AS soon as this certificate is granted the
list of all registrations effected during the
preceding week and also posts the same in his
Office. 1t is then provided that no person shall
commence any action for the land or assert
any interest therein adversely to the first GER
tifcate unless they make known their claim to
the Registrar within five years after the first
registration. 1t is no exception to this rule
that the person is q minor, lunatic or under
disability 1t will be noticed that this last pro-
vision attempts to meet the constitutional OBJ
lection by placing the foundation of the title
not upon any act of the Registrar, but upon
lapse of time. The proceeding is akin to suit
TO quiet title brought by the then owner
against ali persons known or unknown. A
title acquired by decree in such action has fre-
quently been declared valid by the Supreme
Court OF the United States. That the Legisla-
ture has power to create this statute of limita-
tions or to shorten one already existing is un-
doubted.
An objection may at once be here raised, that
this proceeding would be q sort of hornets
nest stirring up all the slumbering black
mailers, who would hasten to file claim on
every certificate of title issued. This Is proba-
bly, SO, but it would have the advantage of
bringing them to the light for, having once
asserted their claim upon the register they are
compelled to bring an appropriate action to
assert their claim within this period of five
years. The machinery of the courts would
thus be set in motion and the true owner
would have the right to prosecute it vigor-
ously to conclusion.
Possessory title is acquired after the land !: