Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1899-01-26

what the Pullman is to TIE Concord
/ coach, what HE bandsaw is To the hand
saw, what peace is to turmoil, what ST.
curiIy is TO insecurity, what certainty is
to uncertainty--all this is the so.called
/ Torrens system of laud titles and trans
! fers to that in vogue in this country; us
much an improvement on it as it is on
! the English system of title deeds held by
! family conveyancers in their strong boxes
secluded from the public, says the st.
| Paul Pioneer Press. Though much dis
c,Ssed there exists an ignorance Of the
Torrens system that operates as fortilica
! tions to the selfish interests that oppose
i il.
I Let us briefly sketch it's purpose ard
methods. The state establishes Il tii.
bunal for the determination Of the fee
ownership Of the real estate within its
jurisdiction. In addition the tribunal in
vestlgates and determines the existence
Of every other subordinate claim, inter-
est or right in the land, including liens
and membranes of every nature. The
state either takes the initiative, compel
ling the submission to it's court Of all
titles, or it makes the action permissive
to any one desiring to have settled for
ever and finally the title to his realty.
The title to the tract under investigation
is thoroughly examined by experts. Ii
it appear that there are persons having
an interest Of anv kind adverse or sub
ordinate to the title Of the claimant they
are cited to appear and establish It.
When the evidence is all before the
court the tights and interests OF tho var
ious parties are adjudged. the title de-
OF all adverse claims or subject to such
, as are proven. Thenceforti the title to
the tract can never be brought into ques.
, ton. AS our action to "quiet title" for
ever bars claims Of any one made party
to the action. so this proceeding bars the
world.
! But, as every one who has had any
. touch with land titles knows, neither the
! records nor any ordinary investigation
y will disclose latent interests. A wife
| may not have joined in deed and he,
rights of dover exist some unknown
= heir appears with a remote intere t.
i They have not had their day in cour,
d and their property right must be con
= served. Having slept on their rights il
j. would be manifestly unjust to permit
e them to- disturb rights accrning while
Il they slept. Also justice requires th,t
g they lie compensated to the extent o
), their rights. TO meet these remote anG
e inirequent cases small percentage tan
upon the valuation OF the property is
t laid to create an indemnity fund, out o.
$ which these oversights may he reim
r bursed. Out OF it they are paid what
e ever value OF their interest they can es
d tablish. but tie peace OF the adjudget
n owner is undistulbed. a small fee Inlid
:, by the land owner provides the fund fol
y compensating the officers for their ser
Il vices.
G Upon the final adjudication Of title the
Il registrar issues te the fee owner a certiti
J. cate oil title, noting the liens, incum
q brances or other subordinate interests, il
n any exist. This becomes his imminent
OF title, rs his deed does now. When 1t
sells he SUI renders his certificate to the
registrar, who cancels the same and is
y sues to his grantee new certificate. II
: the owner would raise money on the Sc
>. curity Of his land he merely assigns, as
~ collateral. his certificate Of title, just al
holders OF school land certificates in this
> state have always done. The land be
. comes quick asset in the hands OF it,
owner instead OF the very slow and un
" certain one 1t now is, and must ALWAYS
- be when it has to drag after it an ever
y lengthening chain of title. As the owne
~ must present for cancellation his certiii
" cate OF title on selling, he could not, as il
now possible, defraud his morgagee, WHIT
holds the certificate, by selling his Ian.
=, or mo'tgaging it.
; The registrar, = Office is the focus wher
:, center all matters affecting land titles
=, such as Judgments, defauted taxes an'
:" assessments, attachments and SO on
:" and, as no tract has any past history
as as its present condition is all that i
vital, that condition can be ascertaine'
is at glance ON the record page. No alb
'g stracts OF title to be made and examined
i BY lawyers, no deeds or mortgages, re
r, dundant with Anticipated verbiage, to b.
A made, duly executed and recorded, will
n all the intervening opportunities 10
v laundering; but, instead, a transfer al
re most as simple and easy as is one Of an
er piece OF personally. This in brief is tn
is Torrens system OF titles and transfer
or now again offered to the legislature 70
Ia acceptance.
lie Notice.