The free lance. (Fredericksburg, Va.) 1885-1926, 1901-09-10
transient RATES.
|bDAY. SEPTEMBER 10, 1901.
Kedther forecast for Fred
,ericks5urg and Vicinity.
Fair.
THE ToRRENs LAND LAW.

During the recent meeting Oh the
Virginia Bar Association some sort
of resolr 4pR prevailed that com
mittee present the Torrens Land sys-
TEN to the unconstitutional Convention
for consideration. 1t may be that
the proper Convention committee has
had the matter before it, but, barring
theindefatigable efforts of Mr.. Eugene
Massie, we see or hear very little OF
thesubject. Wethink the press should
discuss this question more. so that
the people could discover its salient
seizures. 4 recent issue OF World :
Sfk had an exceedingly interesting
editorial on the subject and from it
we were enabled to see something OF
its workings in the various States Of
the UDan. Wecannot do better than
quote from it:
fOf course the spectators have seen their
chance in this activity, and have Wed
with the farmers in land buying and sell
ing: and the business has assumed such
proportions that special attention has
been calleS to the recent adoption by the
3 Sfetc OF Minnesota of the TOrrens Land
Law, which goes into operation in
September.
ID By this system which like the secret
ballot is animportationfrO from Australia
the business of transferring land is so sim
0liiied that it is well nigh incredible the
lsd has not been universally adopted in
mites. States. Its fundamental idea
$50. +. land title is registered at the
u 4.6ffice, and the State, having
- ly searched the title, issues a
fAte OF ownership TO the holder.
bsequent transfers, liens, mort
fOr cOnveyances of any sort are en-
upon this certificate. duplicate rec
sing kept, carefully indeXed, by the
Is. The Government guarantees the
TO the holders of these certificates
Total initial expense is only S24, and
ssof siibscquent registration only 50. Under
the presSnt system, whenever a piece OF
land is transferred or a mortgage is given,
a lawyer must be employed 20 search
through a vOluminOus mass OF records,
often in a shocking state of confusion
and II the same parcel is sold again next
year. the whole process is once more gone
through with from the beginning. The
system is inconceivably cumbersome, an
fiouated and expensive. Until the advent
Of the private title guarantee companies
the purchaser of a piece OF property had
no security whf. over OF the validity of
the transaction.s He was compelled to
depend entireIyshpon his confidence in his
LAWYER. In NeN York City alone there
axneach year nearly II 900 land convey
AMOUNTING to well over $780,
-. nocityin this country has more
from such a simplifcatiOn, for in
h city is the number of transfers
Dortion TO the total number Of
so large Yet this reform, long
IA Australia, and in use in many
Continental Europe for hundreds
which has been adopted in Mas
it's for the last two years. which
IN tried with eminent success in
which Minnesota will put into
lion this month, which is under
Grafton in hall dozen other States,
= adoption of which in New York
tated fifteen years agO-seems as
as ever at this date
been objected that the original
Act gave judicial and discre-
power to the Register not in con
with American law and this
he law in Ohio and the first Chi
-, astnte 10 be pronounced invalid by
fhecourts. BnA the necessary adaptation
to American insftutions is really a sim
Die matter and has bees successfully car
ried out elsewhere; and the causesfor the
eiowncss.of adoption seem to be the usual
extraordinary conservatism of legal
enactments, and the fact that the
neople who know most of the
absnrdities OF the present law, the law
vers and title guarantee companies, are
constant bene6ciaries- its provisions.
A e<aeral change to the Torrens system
you'd inevitably drive out of business
the private companies who guarantee
titles. and it would make the services OF
a lawyer quite unnecessary in land trans
ference. Few classes OF men can believe
desirable any change in long-established
custom which would dispense with their
own services; but it is an evidence OF the
hurry and absorption of our time and
country, as well as of the lack OF interest
y ,uhlic matters, that the people have
this demanded this reform.