Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-26

TO S25. If fhe title is not clear the sniff
VIII remove all clouds and make it per-
iectly good and marketable i'm the fu-
ture; but in cases of contests. of course
1t is not possible to predict with any
certainty exactly what the costs will
pc. Lawyers out West have a way of
speaking of titles as good, blisteretl
or bad" A clustered" title is one that
may be perfectly good to hold, but
winch, on account Of come cloud or
defect. either cannot be marketed at all
or only at great sacrifice. For the
holders OF such titles the TorrenS SyS-
TEN opens new door for protection
and provides new method for the re-
moval of clouds. Under the Massachu-
sets act. If the report of the official
examiner of titles is adverse to the. APP
plicant. he has the privilege either to
proceed further or to withdraw his ap-
plication without prejudice. If he elects
to proceed, and even if the court finds
his title is not proper for registration
a decree Shall be entered Diminishing
the application, and such decree NAV
be ordered to be without prejudice
This places the applicant for registra
-tieh In 1'isftforr- IN wfTtCfT re uPPears
to have almost everything to gain and
next to nothing to lose by taking adj
vantage of the privileges offered.
HOW THE TITLE PASSES.
After the registration. no title can be
possession against the land. An owner
OF registered land may convey. mort
gage, lease, change, or otherwise deal
with the same as fully as if ii had not
been registered; but no title passes
until duly noted on the certificate by
the recorder. AS has already been in
dicated, the owners duplicate must in
every case. be presented for notation
or any change of title; and it's Dresen-
tation may be compelled in cases OF at
tachment and other liens or in any case
in which it is withheld. And, as shown
ABOVE, the grantor's duplicate certifi-
cate must he surrendered and Cancelled
upon conveyance or loss of the fee, and
new certificate is then issued by the
recorder to the new owner. So, If there
is n change of title to only n portion of
the land. the old duplicate is cancelled
ana replaced by new certificates to suit
the case. If lands are held or made
subject to trusts, conditions, limita-
tons or equitable interests the fact is
SIMPLY noted upon the certificates nv
the words lin trust" upon condition. >,
or other apt expressions, and by refer
ence by number to the instrument au-
thorlzing or creating the same. All
deeds and other Instruments affecting
the title are numbered consecutiyelv
and noted by number on the certificate
but 1t is to be observed that no deeds
are recorded. And it may be proper TO
SiipiiisiHe lile idCt tnaC under this SyS-
tenn such instruments are nothing more
than contracts. since no title passes
until duly noted on the certificate. as
has already been said; and the certif-
cate itself becomes the sole muniment
of title, which under the original sys-
tenn Is guaranteed by the government.
But the writer does not regard any such
guaranty as essential. and does not adj
vocate that feature of the original act.
THE TITLE MADE PERFECT.
Registered lands, and ownership
therein. are in all respects subject to
the same burdens and incidents as un
registered lands, except as otherwise
expressly provided. a lien of anv de-
scription upon registered lands shall be
enforced in the same manner as liens
upon unregistered lands. And If the
right of eminent domain be exercised.
n memorandum of the fact shall be no.
ted on the certificates. 1t will be seen
from what has been said that he effect
of registration is to establish the title
absolutely against all the world, and
hereafter 1t cannot be successfully at
tackled by any person. All questions
are set at rest, and the land is held