The San Francisco call., 1896-02-11
SIMPLIFYING LAND TRANSFERS.

The ablest exposition of the Torrens sys-
tenn Of land transfer that has been made in
many day was read before club in this
City recently by Warren Gregory. 1t will
be remembered that a year ago bill to
Introduce this system in California was
passed by the Assembly. but was with
drawn from the Senate. Since that time
there have been serious disturbances of
titles in this State, reference being had to
those descended from Spanish grants.
This trouble has been of frequent recur-
renee ever since 1852, when the commits
sion appointed by Congress to settle these
titles did its work of settling them, or at
least making their settlement possible.
The Torrens idea is steadily progressing
in various parts of the United States. The
readiness with which the people are ready
TO accept it may be inferred from the ac-
ton last November of Cook County, ILL.,,
which contains the city of Chicago. The
Legislature had made it optional with the
counties to adopt the system, and Cook
County adopted it by vote of 1886 to
5279. Sir Robert Torrens introduced the
system in Australia in 1858, Queensland
adopted it in 1861, Victoria and New South
Wales in 1862, New Zealand and British
Columbia in 1870, Western Australia in
1875 England in the same year, Manitoba
in 1888, and Ontario in 1884. These data
are given for the purpose OF showing that
the system is contagious for it spread
gradually from the place of its original in
PRODUCTION on the sole strength of its su-
perior merits as learned by observation.
AS Mr.. Gregory has sshown, the plan had
to be considerably modified to suit the
requirements of the United
States, but the Illinois act has been passed
upon fayorably by the ablest constitutional
lawyers available, and, as it does not con-
fliet with the fourteenth amendment and
contains the essential elements of the Tor
rens system, it is regarded as boon to the
people.
In few words the Illinois law makes it
optional with landowners whether they
will avail themselves of its benefits. 1t
provides for a registrar and two expert
land lawyers, who shall carefully investi-
gate every application for certificate of
title. give due notice to possible adverse
and then issue a certificate,
which is an evidence of absolute title.
Five years are given within which it NAV
be contested. If there is no contest the
certificate becomes indefeasible at the end
of five years and is forever thereafter un-
assailable. In case it should be developed
after that time that the registrar has erred
it is provided that the adverse claimant
may sue the State for damages.
The advantages of the system are
numerous. The essence of the title re-
sides in its registration. The certificate,
being evidence of title, is available for
ready and inexpensive transfer and land
becomes quick asset. All this is in ad-
dition to the stability of title and the con-
sequent shutting off of all possibility of
threatening suits brought for purposes of
extortion, and that would be a great de-
sideratum in some parts of California.
The absence of a warranty deed system in
this State places US in worse position
than the older States and m axes the Tor
rens system all the more advisable. The
very fact that title insurance companies
do large business here is evidence of the
necessity for a change.