Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-11-19
LAND REGISTRATION

ance.. The first work was the presen-
tation OF the following report OF the
committee appointed for the purpose
Of investigating the various systems OF
land registration:
! The Land Title Registration Acts Of
the United States, following other
countries, adopt a system of register
ing a land title. In place OF the mere
evidence Of title, such as deeds. pro-
bate proceedings, Wills, etc. II abol-
ishes the necessity Of histories Of title
and abstracts, and substitutes a sys-
TEN Of insured certificate OF title, as
certain and prompt as the ordinary GER
tifcates OF stock In a corporation.
The objection to the present system
may be summarized. as Expense, De-
lay. Insecurity.
Expense, because Of the constantly
increasing chain of conveyances, and
consequent expensive abstracts; and
opinion OF counsel on the title.
Delay, because OF the necessary alb
ply the breaks In the record OF the
title, and OF negotiations to correct de-
fects. opinion OF counsel on the title.
Insecurity, because OF mistakes In
the abstracts. aud because a court of
law may give an opinion contrary to
the opinion Of counsel tfor counsel do
make mistakes OF law). Often no
counsel can foretell what jury would
find on the facts), II before him for
opinion on facts, as well as law. De-
lay is further occasioned by these de-
fects. and real estate is proverbially a
SLOW" asset.
Experience In Massachusetts, indi-
Gates that the Torrens system will cor
rect these defects.
/. |, makes land quick" asset.
2. Initial registration will be equal
to a single transfer under the present
system. In subsequent conveyances
the transfer will be much less. In or
binary cases the cost will be from two
TO three dollars.
3. Promptness. when once register
ed the transfer or mortgage including
the examination OF the title can be
completed within an hour.
A Tho rocords arc sIm,I,aod and
shortened No convovancos arc rscord.
ed. A deed Is only binding con-
tract to sell and to deliver the certih-
cato Of ,i,Io 10 tho bnver ana nm
au,horI,v 20 Tho hnvor m ,rans,or tho
,I,Io IN Tho regis,rar's books
In go,nr.I ,bo nrInc,n,og ~ Tho Tor.
rors land .vs,o,, In ,ho Ir,i,od Statos
are.
A, examination NJ ,ttIo hv n cour,
NJ comneton, ,nrIsdIctIon Win actual
mr. oors,ruc,ivo rotico ,o oil cIaimon,s
and rrLrown ownors
A registra,,on NJ tho man ana tho
ItIe found unon s,ch ovamIna,Ion
Issuancn no IN admInis,ra,ivo nj.
scer ~ a cer,Iacate n, such ,I,Ie win
tie incumbrancos thereon no,od
tn rooa1,,nr ., a,oh oor,iaoa,o
ana Tho ro-rogIs,ration n, ,i,,o wI,b
go, ,,,,so,,,a,, ,rans,or
THO harr,ro ., any elaine mr. in.
,oros,s IN ,ho lana No, no,od on tha
nr,.ina, oor,,acato ana tho co,y ,bor..
| n, issued
a Indemn,,y apa,,s, ,oss nv mistake
or fraud nm tho mart of the n,rcbase,
no n povernment insurance fund
In Canada a further valuable provI.
sion ia made in the law for. In ontario
tbere "a a nrocedure for reyIs,erIpp
the fact that the claimant ia in adverse
possessjon without record title. claim.
ing 10 own the PREMISES.
The nrelimInarv certificate merely
proves the fact of adverse possesslou
from tho date ~ tho certificate. which
would rinen into a registerable title
after the lapse of a suficient period OF
wears. In this Territory now n
would reouIre ton wears before the cor
itiscate only could no used IN secure ,
lrepistered titIe This does mo, nre
vent title beIng proyed nv preyiou,
possession in addition thereto. as Il
done today II ia an admirable metho,
M nreservinp evIdence we belIey,
that this Is n very valuable addltIo,
10 the law. n 10 he introduced here.
Therefore we recommend chat
statute for registering land titles b
passed for this Territory. that the sta
tute Of Massachusetts he made n mode
in adaptlne the system to the needs q
this TERRITORY. with the addition q
|. the possessory title certificate. a
. found I'm the Province OF Ontario.
J We beIieve that the present machir