The Advocate and news., 1899-02-08
D00OOOOO0OO000O000o000
TRANSFER OF TITLES.
The TOrrsns System Of Land Regis
tratiOn.
OBSERVATION-DISCLOSURES

III mUbb OL Lu6 SudDob Lu5 OAu-AEon
ioned way Of transferring titles to real
estate is still in use, which is by deed
accompanied by an abstract Of the title
showing a statement of all the convey
ances and membranes affecting the
title from the government down to the
last conveyance. AS the country gets
older and the transfers more numerous
this system becomes burdensome and
expensive and to avoid this other sys-
TENS have been devised. The TOrrens
system, which provides for the regis
tratiOn Of titles and certificate OF title,
Is In use In Illinois and Massachusetts,,
and has been used in some countries OF
the Old World for over hundred years,
and has given such satisfaction that
wherever 1t has been tried 1t has been
continued in use. The Rural-New Yorker
gives the following information regard
ing that system
"An Outline Of the TOrTens System
The essential features OF the TOrrens
system are that the recorders OF deeds
are made registrars, and In addition to
their usual duties as recorders, shall
conduct the registration OF titles, and all
dealings with registered lands. They
are assisted by deputies and such ex-
aminers OF title (whO must be compe-
tent attorneys at law as may be neces-
sary, The system does not necessitate
the creation of any new offices or Off
cials, will require less help, and all the
machinery necessary to transfer land
by registration Of title is already to be
found in the ordinary recorders office.
ANY owner may register his land. The
owner tlles with the registrar his applt-
cation in writing for the registration OF
his title, together with his abstract Of
title. These are passed upon by the
examiners, and II, in their opinion, the
title is In the applicant the land is reg
istered by its entry in the registry book
Of the registrar. Such entry Is q Certif-
cate signed by the registrar, certifying
the title OF the land to be In the appli-
cant. This is called the certificate Of
title, and is made in duplicate One Is
kept by the registrar and bound to the
register; the other is delivered to the
owner During the first Ave years the
land Is first registered, the certificate OF
title Is prima facie proof receivable In
all courts that the person named therein
is the owner Of the land. After the ex-
piration of five years (or any other pc
riod agreed upon) from the first reglstra-
tiOn, no suit attacking the title Of the
registered owner can be brought and the
certificate Of title Is conclusive proof, In
all courts, Of the ownership Of It's holder.
Provision, however, Is made for the pro-
lection Of the rights Of all adverse own
ers whose right OF action may not have
accrued at the time of registration, and
proper additional time is given In which
to bring such actions. All constitutional
rights Of any owner or claimant adverse
to the registered owner are fully pro-
tected.
Certificates OF title as to all adverse
rights outstanding at the time Of first
registration are absolute and indefeas-
ible, subject only to the foregoing llmi-
tatiOn period. AS to all rights adverse
to the title of the registered owner ac-
cruing subsequent to the first registra-
tion, all certificates Of title, except as
against a fraudulent holder, are abso-
lutte and indefeasible If any such right
be established, IL is enfOrcible, not
against the registered land held by one
free from fraud, but only against the
one fraudulently defeating such right,
or against the registrar upon his bond
for negligence in improper registration.
II Is essential to this method of registra
tion that the act Of the registrar in deal
ing with a registered title be held absO
lutte; and transfer Of or dealing with a
fltl0 hV him must he taken by all to be
as unimpeachable and conclusive as
though his act was the final decree Of
court of last resort. Indefeaslbility OF
title, as against adverse interests out
standing at the time of the first regis
tratiOn, and upon which cause of action
has accrued, is not secured until after
the expiration of the term of Ave years
allowed for the establishment OF such
interests No valid objection can be
urged against the length Of the limita-
tlon; present statutes of limitation are
more stringent, cutting off rights Of
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