The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-30

ing Titles and Transferring Real
| Estate for Those Who Choose to,
Take Advantage of It's Provisions
-Doles Away With Repeated Ex-
aminatiOns-Land Court Created.
| In compliance with numerous in
| quirieS received, The C l o b e presents
herewith an abstract of of the Torrers
land law adopted in Massachusetts.
| The law provides for a new method
of registering land titles and transfer
ring real estate for those who care to
avail themselves of it. That is, it is
permissive in it's character, but, when
land has been registered, it must re-
main so and can be dealt with only in
accordance with the provisions of the
new law. It's chief advantages con-
sist in doing away with the repeated
examinations of titles after the original
registration, which is accomplished
| through the medium of a land court
which grants an indefeasible certificate
OF title. Land which has there been
| registered can be transferred after
wards from one person to another by
| the surrender of the certificate and
the granting of a new one. The crea-
| ton of a land court obviateS the legal
difficulties encountered in the opera
| ton of the law in Illinois and Ohio,
which, it was held by the courts, con-
ferred judicial powers on theerecorderS
of title. This land court is always open
! Sundays and holidays eXcepted, hold
/ ing it's sessions in the various counties,
as occasion demands. A certificate of
| title in the original instance can be
granted only by this court, which also
has the power to establish rules for
its procedure, but an appeal may be
| made to the supreme judicial court on
all questions of law.
I All applications for the registering
of land must contain a careful de-
scription thereof, including plan, as
we'll as the names of contiguous own
ers or occupants, if they are known.
| The applicant must also state whether
| he is married or unmarried. In case
the applicant does not reside in the
state, he must appoint some resident in
| this state to act in his behalf. In ca Use
| land is mortgaged, a mOrtgagor cannot
make application unless he obtains the
written consent Of the mortgage. A
married woman, also, unless she holds
the land as her separate property.
cannot make application without the
consent Of her husband. Applications
may be made by single or collective
owners, or those who are authorized to
dispose Of legal estate in fee simple;
by those under guardians, through the
latter, and by corporations through o.
| ficers who have been authorized by
| their directors.
| When an application is made it is
referred by the court to an examiner
! of titles, who reports upon it to the
recorders. If the examiner has found
! that the applicant has good title, the
! recorder publishes the fact in some
newspaper published in the town
where the land lies that application
for registration has been filed, and a
notice to that effect is also posted on
| the land. Any parties claiming an in
| tereSt in this land may file objections
and reasons why title should not be
registered, but, if no one appears as
an objector, a general default will be
recorded and the court enter a decree
confirming the applicants title and
ordering the registration thereof. If,
when an application is made, the ex-
aminer should find out that the title
of the applicant is not good, the ap-
plicant is allowed either to- withdraw
or to proceed further with it. ss.-
| After the title has been confirmed
and regiStra ton has been ordered it
shall bind the land and quiet the title
thereto, and shall be conclusive upon
and against all persons, including the
| commonwealth. Such decree shall not
| be opened by reason Of absence, in
affected thereby, nor by any proceed
ing at law, or in equity for judgments
or decrees.' The law provides, how
ever, that if decree of registration has
! been obtained by fraud any one who
has suffered thereby may file a petit
ton for review of proceedings, within
one year after the decree has been en-
tered, unless an innocent purchaser for
value has interviewed, in which case
| the latter is entitled to the fullest pro-
| lection. The former however may Sc
cure a remedy by action of tort against
the applicant Or any one else who has
acted fraudulently in obtaining the de-
| cree
The only encumbrances to which
such certificate Of title can be subject
are the following: Liens. claims, or
rights under the laws of the constitu-
| ton of the United States, which the
statutes of Massachusetts cannot re-
| quire to appear of record In the regis
try; taxes within two years after the
same have been committed to the COL
| lector; any lease for less than seven
years: assessments for betterments
prior to or Independent Of recording or
registering; conveyances or encum-
brances made after the original appli-
cation was filed and before the tran
scription of the decree for registering
by the assistant recorder; and any at
! tachmentS on meSne process.
After the registration has been de-
creed the recorder sends copy there
| of to the assistant recorder in the
county where the land is located, who
/ enters it in his registration book and
| gives duplicate certificate to the own
er. These certificates Of title are num-
hered consecutively, and when the
land to which they refer is to be trans
/ ferred all subsequent certificates is
sued by the recorder relating to this
| land must be entitled Transfer from
No. -" The bill also provides that
no title to registered land, in deroga-
ton of that of the registered owner,
shall be acquired by prescription, or
adverse possession. The original and
owners duplicate certificate is conclu-
| sive evidence as to title. No new GER
tificate can be entered which does not
transfer the land in fee simple, and all
lesser interests must be registered by a
| brief memorandum on the certificate
of title. When new certificate Is is
owners duplicate must be presented
with the instrument authorizing the re-
| corder to act. Production of the own
| er's duplicate certificate is conclusive
authority from the owner to the record
er. The bill also provides that, after
the transcription Of the decree Of reg
istration on the original application
any subsequent registration under this
act, procured by the presentation of a
forged duplicate certificate, or of a
forged deed, or other instrument shall
be null and void.