The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-01-11
rossess' SYSTEM or tAno rlr,ts.
New system OF Tr.nsfsrrins Real
Estate To he Considered nv Lcgss-
lature.
ESPECIAL 10 rnE rnrss.I


rsPKcrAL 40 THE fREss.l
Augusta. January 10 Representative
Hopkins of Deering proposes TO bring an
Important matter to the attention Of the
gentlemen who make the laws for the
state Of Maine Judge Hopkins thinks
the Jaw makers should know about the
Torren's system for the transfer of land
titles. That sounds pretty formidable to
the man who IL not member of the legal
profession, but after all IL Is a simple
matter. The change would be radical
one In the method OF recording ownership
OF real properly. To put the matter
simply, the Torren's system registers the
ownership of land and buildings by ar.
rangement of duplicate certificates instead
Of the recording of deeds. Under the new
system man who owned real estate
would receive a certificate from the
register of titles, an official corresponding
to the present register of deeds. This
certificate would he torn from book and
would be the fac simile Of page on
which the facts set forth in the certificate
also appeared. The man who received o
certificate under the Torren's system
would get his title much as he might get
share Of stock In = corporation. There
would be no deed TO be recorded. The
certificate would be an absolute title. II
the man then sold his property. the trans
fer would be made by the surien Ter of
the first certificate and the issuing of a
new one to the purchaser. This new
certificate would be recorded on n fresh
page Of the registers book and the record
II the first certificate would be marked
closed. II the property should be mort
gagged there would be room in the
registers big book to record the fact and
the mortgage itself would be filed in the
registry Of titles.
Sir Robert Richard Torrens IL the man
who devised the Torrens system. Sir
Robert was In the employ OF the British
Admiralty and was serving In Australia
when he conceived the IDEA that the own
ership of land might be changed as easily
as the ownership of shares in q vessel or
a corporation. His system was at first
ridiculed. Then 1t was adop;ed and Is
now In use not only in Australia but in
parts of England and in some Of the
states of the American republic. A
somewhat similar system had teen
previously In operation in parts Of Prussia
and the Netherlands. In this country.
the idea has found many advocates and at
the worlds real estate congress at the
~. f.l
strongly urged. A book was written by
u Chicago man at about this time de.
scribing the system and the State of
Illinois created a commission to study 1t.
Now 1t has place on the statute books
of both Massachusetts and Illinois. Its
Of law transfer Is u survival of the Middle
Ages. 1t involves long and expressive
of records to verify title and
then the holder OF tie title has no abso-
lutte assurance that 1t Is good. although
by expert conveyances are not
ANGER, in England. in testifying before a
Royal commission deposed THAT title by
deed could not bs demonstrable rs an
,snertained fact. but only presented ss an
Inference. more or less probable, and
from thu documentary evidence
obtainable at the time being"
The states which have adopted the
system have different ways for changing
rom the old to the new In Massachu-
setts there are examiners to verify the
title In the first Instance. In Illinois, the
certificates do not become unimpeaohable
until after i've years from the time the
is included in the operation Of
;he law.
These are some OF the advantages of the
Torrens' system as explained by its
friends. Judge Hopkins will give the
legislators chance to listen to them by
an order d:vesting the legal
Affairs committee to inquire into the ex.
pedienoy of the passage of law on the
subject At the hearing on the order
Hon. Charles +. Libby OF Portland will
probably be among the speakers.