The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-11-21
WANT THE
TORRENS
SYSTEM
Governor Will Be
Asked to
Act.
(From Wednesdays dailyJ

The Young Mems Research Club,
with the expected aid of the Chamber
Of Commerce, the Merchants Associa-
tion and the Bar Association, will try
to secure the adoption by the next leg
islature of the Torrens system of land
registration for Hawaii. At meeting
Of the Research Club last evening at
the Home OF Frank c. Atherton,
committee was empowered to me-
norialize Governor Dole to recommend
to the legislature the passage OF bill
drawn upon the line OF the Torrens
system, now in successful operation in
Massachusetts,. The aid of the other
organization is also to be asked to
bring influence to secure the adoption
Of this much to be desired legislation.
The meeting last evening was largely
attended. The first work was the pres
sRtation of the report OF the commit
tee appointed to investigate the vari-
ess systems of land registration.
This was read, as follows:
The Land Title Registration Acts OF
the United States, following other coun-
tvies, adopt a system of registering
land title. in place of the mere evidence
- title, such as deeds. probate proceed
1oBb, Wills, etC. II dDollsIles lHt ht-
ssssity of histories of title or abstracts
and substitutes system of insured
certificates of title, as certain and
prompt as the ordinary certificates of
stock in a corporation.
The objections to the present system
Dey be summarized, as Expense. De-
10y, Insecurity.
Expense, because of the constantly
i0sreasing chain of conveyances, and
sAnsequent expensive abstracts; and
Opinion of counsel 'on the title.
Delay, because of the necessary alb
soracts, Of furnishing evidence to sup
ply the breaks in the record OF the title,
and of negotiations to correct defects.
opinion of counsel on the title.
Insecurity, because of mistakes in the
abstracts, and because a court Of law
nay give an opinion contrary to the
eDinion Of counsel (for counsel do make
mistakes of law. Often no counsel can
1asetell what jury would find on the
Acts), If before him for opinion on
1Asts, as well as law. Delay is further
eGDasioned by these defects. and real
estate is proverbially a "slow" asset.
Experience in Massachusetts indi-
estes that the Torrens system will cor
Rsst these defects.
l. 1t will make land quick" asset.
q Initial registration will be equal
- a single transfer under the present
system. In subsequent conyeyances the
hansfer will be much less. In ordinary
eases the cost will be from two to three
Ssllars.
.. Promptness. When once register
- the transfer or mortgage including
the examination OF the title can be COM
Dlsted within an hour.
4. The records are simplified and
shortened. No conveyances are re-
corded A deed is only a binding con-
tract to sell and to deliver the certifi-
cate Of title to the buyer, and an
authority to the buyer to transfer the
tbtle on the registrars books.
In general. the principles of the Tor
Esns Land system in the United States
Aye:
I. An examination OF title by a court
Of competent jurisdiction, with actual
o. constructive notice to all claimants
aad unknown owners.
!. A registration of the map and the
title found upon such examination.
9. Issuance by an administrative Of
its membranes thereon noted.
4. The recalling of such certificate
and the re-reGistration Of title with ev'
wy subsequent transfer
!. The barring of any claims OF in
asrests in the land not noted on tn,
original certificate and the copy there
Of issued.
g. Indemnity against loss by mistak,
4. -,
BY government insurance fund.
In Canada, a further valuable provis
isn is made in the law, for, In Ontario
sherc is a procedure for registering thu
hact that the claimant is in adverse pos
sssion without record title. claiming
b. own the premises.
The preliminary certificate merel!
proves the fact OF adverse possession
from the date OF the certificate, whicl
would rlpen into a registerable title
sitter the lapse OF sufficient period O
years. In this Territory now, II woul
Iequire ten years before the certihcat
only could be used 20 secure regis
tered title, This does not prevent It'll
Being proved by previous possession /
addition thereto, as is done today II
81 admirable method Of proseryiug eyI
sence, We believe that this Is a Yer
valuable addition 90 the law, II q b
introduced here,
Wherefore We recommend that
statute iur registering land tItlrs !
nhsf'1 fnr this Territory that tho sta
nln "' hasFarhusrtts bp made mod
" adapting thr system 90 tEe needs
thls Irull0y with tho addition of a
p1iatHsply iltlr r0UInratr, ab found
hr Province ~ Ontario
We hrllrYr that lhe present marhil
sy ~ registering rpnypyances, actlI
sth ihr clerks Df the circuit courts
spp'y uFlslfaIh ana using ihr
ftpllF ipr htplnH certificates NJ ui|
Hlrr llh adjudication m ii0n0luI
iNpll ha ufrp m WORKING ihis nrN sl
'fll Nllh tmall rusi 40 ihr Truilnly
We iuiihfl recommend ihAf "A
ElFirW b. Hanpul ai prfsrnt main
~ h0lNNial} lW "a rrlina M Ri lpa
hir lraiH Wftlablf irN pui lhal