Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-06-18

LAND TITLES
And the Difficulties that Attend Trans
fers Under our Laws-Wants a New
System to be Found.


To the Editor of tie New DOMINION
Mona, w. Va, June l8-The sub
ject of land titles in this State be-
comes more and more perplexing and
expensive as the demand for real
property increases. Nearly all the
property OF farmers is in real state
hence they are vitality interested 10
this matter. 1t affects them more
than any other class. The defects of
cur system are patent to everyone
buying and selling real estate, Our
business procedure preseribes a trans
fer by deed and compels the grantor
to show, at the time of transfer that
his conveyance is the last in a chain
of instruments properly drawn, exc
.cuted and recorded and that these ex-
tend back for period from so to 100
years without flaw or defect. 1t is
at once evident that the investiga-
ton of this chain of title requires the
services of person learned in the law
of real property, and that the fee for
his employment, whether paid 10y the
seller or purchaser is a heavy tax upon
the transfer.
Whether the property remains 10
the hands of single owner for half
a century or is transferred a dozen
times Ia a dozen years, this fixed
charge recurs with every conveyance
In the second place an examination
Of title involves 10 each case a consid-
cradle delay; and this is an item of
embarrassment which prejudices the
use Of real property for the securing
of emergency funds, even when no de-
feet in title is shown. From two
weeks to go days must elapse between
the signing of contract and the clos
ing of title; and this delay may be
prolonged for years to satisfy legal
requirements that are merely techni-
cal
Finally the result obtained in the
matter of title is in no case absolutely
certain. Error may intervene. Il IS
not at all impossible in practice for
one attorney to refuse to pass title
upon the very record which another
attorney Of equal standing has approx
ed. | am not lawyer but have had
some experience in this line OF per
fecting titles and know the perplexing.
expensive and embarrassing position
occupied by the land owner in this
state, and can he not be relieved by
amending the statute on land TITLES
in this state barring all non residents
holding mere technical liens after the
grant has been made by them and
duly recorded, also requiring any com
petent attorney in good standing "a
completion Of an abstract To file with
deed of transfer to be recorded Ger.
tillcate as TO the correctness Of title
to date Of record Of said certificate
Some may think that the tN efs
would oppose any law Of relief ~ liz
passed that would curtail TIL uQA.s
derived by them in abstractiag ts
but | do not think so. / find As nv
If not more honest and han3fa6e
men in the profession Of law as ans
other profession. Many of them are
owners Of real estate subject t1 tha
same embarrassment as their clients
the farmers and believe many Of them
would help in this matter VIII Cox
&c Baker, Moreland & Glasscock. Mr.
Sturgiss, Dille Il Ollie, Terrence D.
Stewart, Frazer & Frazer, Lazzeie &
stewart and others, who have pat IN
many hard days work on perplexing
titles in the last years suggest a
better way out Of this complicated
question than herein expressed.
Respectfully,
Il. l.. PARKER.