Evening star., 1898-02-19
LAND TRANSFER IN ENGLAND.
An Act of Parliament That Cuts MucI
Costly Red Tape.

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Very little attention has been paid to the
fact that in the last session of parliament
there was passed land transfer act, which
Is likely to render a greater service to the
nass of poor and well-to-do persons in Eng
land than aEy piece of legislation since the
passage of the corn laws. The land trans
fer act contemplates the ultimate registra-
tion of all titles to real property in Eng
land, but. owing to the fierce opposition of
solicitors who are threatened with the loss
Of most of their inordinate profits from
conveyancing. the law is to be applied ten
tatively. That is to say, the privy council
are empowered to require from any one
county, or part thereof, the compulsory reg
istration of title on the sale of land; six
months, however. are given to the county
council of the district affected to consider
the proposal, and if two-thirds of its MEM
bers object. the order is not to take effect.
The privy council have selected the county
of London as the first area wherein to ap-
ply the act, but it is not yet certain that
the county council will acquiesce, as there
is violent opposition to the proposal in view
Of the multitude of properties, and the val
and complexity of the transactions
which will have to be examined. That is,
of course, the very reason why the privy
council were well advised in their selection;
for in only three counties-namely London,
Yorkshire and Lancashire-could the new
measure be adequately tested Should the
county cOurcil prove recalcitrant, the
suit win probably be the passage of an
amendment making the immediate applica-
ton of the act compulsory all over Eng
land; for public opirion Is now thoroughly
aroused in favor of the measure, and the
selfish resistance of solicitors will no longer
be effective.
What Englishmen are now witnessing is
the first substantial outcome of an agita-
tion which has been going on for three
quarters of century. In no other civilized
country on the globe is the system of con-
veyancng so bad and expensive as that in
England. So enormous are the costs of the
transfers of land in that country that they
constitute a very large percentage on the
price of small properties. and preclude any
one from pure hasing them with the motive
of making living from them. So, also.
the insecurity of title, which is greatest on
the smaller properties. because they have
been dealt with less carefully, compels any
owner, who needs an advance of money, to
pay usuriouS interest for ii, whereby his
ruin is speedily effected, and the property
is brought to sale On the other hand.
large property changes hands at less COM
parative expense. and the necessity of
sale to meet temporary difficulties is at less
cost obviated by mortgage, which permits
the owner to hold till some windfall of
legacy marriage once more reinStates
him In easy circumstances and enables him
to take advantage of his poorer neighbor's S
necessities. The grievous evils of this syS
TEN were denounced by Lord Brougham
seventy years ago, and have since been
made repeatedly the subject of discussion
from the platform and of debate in parlia
ment.
The long neglect on the part of the Eng
Esh law-makipg power to remedy griev
ance so patent as that imposed by the de-
lays and costs of the cOnyeyancing system
is the more surprising, because long ago
cure for them was devised in South Austria
liza. ard has been since adopted by all the
other Australian colonies. We refer to the
sO-called Torrens act, which Is likely to
serve a model for the laws governing
the state registration and insurance of land
that South Australian statute, all the titles
TO real estate in the colony were carefully
investigated by government SearcherS, and,
having been verified, were duly registered.
The Validity of the titles, thus verified and
recorded was henc eforth guaranteed by the
state. The effect of this legislation was to
assimiiate real to personal property re-
CARDS ease. quiokness and cheapness of
transfer. For a small fee, which has been
gradually reduced till it now amounts to
only few pennies. the owner of piece of
real estate receives from the registrar of
the locality where IL is situated a short
certificate setting forth its boundaries. the
legal iEcumbranceS thereon, If any, and the
fact that his title is guaranteed by the
state. Should he desire to sell or mortgage
his property he takes his certificate to the
nearest registrar. who in few minutes,
and for an insignificant fee. enters the sale
or mortgage in his book. and indorses the
same on the back of the original certificate.
In this way the certificate of title 10 real
estate can be transferred easily can
a promissory note, and the consequence Is
that land becomes the favorite Investment
for the savings of the poor.