The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-23
THE AUSTRALIAN LAND TRANS
FER SYSTEM


While Minnesota was one Of the first
states in the Union to move practically
toward the adoption of what is known
as the Torrens system Of land transfer,
she has been a gamer, on the whole,
by the difficulties and delays that were
interposed against it's immediate adop-
ton in this commonwealth. Had we
been the first to make the experiment
tered the same unforeseen obstacles
met with elsewhere We have now
the experience Of at least one great
state to guide us, and with that it
ought not to be difficult for the COM
ing legislature to frame and pass a
law embodying the principles of the
Australian land transfer system, which
shall stand the test both of the courts
and of public utility. The demand for
such law is very great Outside of
a portion Of the legal profession, inf1u-
enced by a possible diminution of fees.
1T is almost universal. The idea has
only to be explained to the average
man to make him a firm convert and
an ardent supporter Of it. The saving
in money and the added security. to-
gether with the change Of real estate
into form of property as readily
transferable from one Individual to an
other as personal effects or shares Of
stock, all invite and attract. We have
got one good thing from Australia in
the shape Of our ballot laws We will
get another when the Australian land
transfer system becomes universal, and
we cannot doubt that that time is not
far distant
All that is involved in this simple
but effective reform is a guarantee of
land titles by the state SO that the
state stands behind the seller and pur
chaser in every transaction The cum
brous system of local records and the
necessity for a searching Of title in
each transfer are both done away with.
The abstract of title becomes a thing
of the past. When a man wishes 10
the registers office in the county in
which it is situated, and that official
issues to him title direct from the
state. He has previously, Of course.
first examined the title and found it
without defect. The applicant pays a
small fee of S. or $40 to cover the cost
Of maintaining the Office and keeping
up the records and also to constitute a
guarantee fund out of which losses are
paid in the rare cases when the state
guarantees a bad title and becomes
liable to the purchaser for damages.
With this system in effect. a city lot
or a country farm becomes no more
difficult to sell, and the proceeding is
attended with no more expense or de-
lay than the sale of share of bank
stock or horse. The scheme is no ex-
pertinent, but has been in successful
operation in Australia for more than
generation, and is in equally salts
factory operation in the British prov
inces north Of us. The real work to
W NOAAO 10 lA4C dpldlIOn OIL the rules
of the Australian system to the body
of our real estate law and to the re-
strictions Of our state constitutions. It
was in this latter respect that the I'LL
nois statute came to grief. The last
legislature passed a Torrens land
transfer act, which has been thrown
out by the supreme court because it
was held to violate the constitution in
comforting judicial functions upon the
register, who is not a judicial officer.
This defect can be remedied there, and
it serves as an excellent warning to
us in framing legislation for Mime
sofa.
We hope to see a. bill for the incor-
poration Of the Australian land trans
fer system in Minnesota law pushed
through the legislature this winter. It
can follow the Illinois law closely,
avoiding the single error which made
that repugnant to the state constitu-
ton. Our people do not know them
selves how great will be the relief from