The Minneapolis journal., 1901-03-23
Mr.. SNYDER'S BILL CONCERNING
LAND TITLES"

LAND TITLES"
The adoption by the present legislature
of the Snyder bill for the registration of
land titles need not startle or even annoy
any person. No land owner need fear
that he is to be coerced into having his
land registered. The bill begins by de-
claring that .the owner of any estate or
interest in land, whether legal or equita-
BILE, may apply to have the title of said
land registered" So the introduction of
the new system is bound to be a gradual
process. When twenty or hundred diff
ferent properties have been registered in
any county, there will be an opportunity
to compare the workings Of the new sys-
TEN with those of the old one. If Mr. A.
does not then see any advantage to be
gained by registration, he may reject
it then as he does now. But if registra
tion is found to work we'll, it will doubt
less be, in time, put into quite general
use. The point we are making now is,
that the effect of enacting this bill into
a law will be merely to authorize the ex-
pertinent of the Torrens system to be
seriously tried by those who want to try
it. This consideration ought to give Mr.
Snyder's bill an easy road through the
legislature
Some one may object to authorizing a
new experiment in registration because
of the necessary expense. But under this
law, the expense to the public will be
but slight. Those land owners who
choose to engage in registration will pay
the expenses in the way of fees, just as
proprietors do now in the matter of re-
cording. In such counties as Hennepin,
there will result an increased profit to the
county, at the expense of those who Sc
cure registration of their titles, and who
will be recompensed for such expense by
the convenience of the new system.
Any land when once put into the cate
CORY of registered land" will afterward
remain there. But no objection can be
found to this. The choice is made by the
present proprietor to have his land thus
classified. There will result two classes
of lands, the registered" and the "un-
registered" and as to each, the lands in
cluded in it are thereby the free
choice of the owners. If the bill becomes
a law, we predict that it will soon be
fashionable to be the proprietor of "regis-
tered land, and to hold a governmental
Certificate of title Mortgages and
lesser estates than fee simple may be
registered when the principal estate is
registered.
Both as to the practice now in vogue in
the Office Of the register of deeds, and as
to the procedure in court, Mr.. Snyder
draft Of the proposed law accommodates
the course to be pursued to our present
system. The application for registration
of any parcel of land is to be made to
the district court, which is to keep a
special docket for such cases. A sum-
mons is to be issued, and all parties in
terested in the land are to be given notice
of the proceedings. Abstracts of title are
pointed to examine the title, and all the
evidence is to be taken, necessary to en-
able the court to determine the character
of the title. The case is to be regularly
heard and a decree entered. Thus there
is to be virtually in each case, an action
to quiet title. 1t would not seem that this
procedure will cost the applicant any more
than to bring suit and secure such a de-
cree under the present law, and perhaps
not so much. But under this new system,
the more advantageous result will be that,
at the close, the applicant will have an
authoritative certificate, which he can
hold, and which will declare the extent
and quality of his title as long as 1t shall
be outstanding. This result will gradual
ly tend to abolish the abstract Offices and
their fees, but it will materially facilitate
land transactions and transfers.
Let it not be forgotten that the new
system will not take away or interfere
with the rights or privileges Of the pres
ent land proprietors, or any other parties.
Lands of both classes. registered and un-
gagged, leased as of old. Mortgages may
be foreclosed, creditors may levy or
attach, the probate courts may license the
sale or mortgaging of estates, and all
other transactions in respect to land may
proceed no less freely than is possible
now The principal change to be effected
will be to allow those proprietors who
choose to do so to adopt the new system
and thereby improve their own facilities
for voluntary land transactions.
The state will be virtually the guaran-
tor of the titles as registered under this
law. the court having judicially passed
upon the title, and the evidence thereof
being entered upon the minutes of the
court, and the result registered in the
same county Office to which all citizens
now go for evidence as to land titles.
To protect the state in furnishing such
a guaranty, small tax levied upon the
value of the land covered by each trans
fer goes into an assurance fund, out OF
which indemnity may be paid to any per-
son who is injured by any mistake. omis-