Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1903-03-11
THE TORRENS SYSTEM OF
LAND REGISTRATION.

cussiOn in Virginia f0l several year.
past, and those familiar with its
requirements advocate its adop
ton. The simplicity of the plan,
as well as the validity of the title
makes it particularly practicable
and acceptable. 1t is Simply a
system of registering, and in some
acts of guaranteeing, the title to
lands, and the prime object of the
plan is to simplify, cheaper and
quicken the transfer of real estate
and to render titles safe and in
defeasible. Its name is derived
from Sir Robert Richard Torrens,
who introduced the system into
Australia nearly half a century
ago. The first State in the United
States to adopt this plan of regis
tration was Illinois in 1895, and
this was followed by other States
until now several have embodied
the plan or adopted it outright.
Two bills are now pending in the
Virginia Legislature embodying
the Torrens principle, one in the
Senate and one in the House, and
friends of the measure are hopeful
OF its passage.
Land owners are now compelled
to have titles registered. Under
the Torrens system the State
examines, determines and guaran-
tees the title. The certificate of
title thus becomes negotiating
instrument, which the holder can
use at convenience as collateral
security. Any one who has tried
to borrow money on land appre-
ciates tn costs and difficulties in
showing true title. All this is
obviated by the Torrens system.
When the State makes the eXami-
nation, pronounces the title good
and issues the certificate to this
effect, there can then be no ques-
ton as to the validity of the title.
The State guarantees it. If mis-
take has been made, the burden is
on the State, and not on the
property owner. After the system
had been in operation in Australia
for thirty-eight years the register
general reported that out of
total of 1897, go transactions
there was only one case in which I
any claim was made against the |
assurance fund.- provided for the
States protection. q
The principal features of the
TOrrens system re as follows: q
/. A public official examination t
of title by court. u
=. A registration Of title upon 4
such examination. r
3. Issuance of an official certifi- II
cate of title. d
i. Registration of title upon t.
each transfer n
5. Notice on the certificate of all
matters affecting title.
6. Indemnity against loss to any
one Injured in the first registration o
out Of an assurance fund. t
TO these six principles there has t.
been added seventh, by the n
bill introduced in the General As o
sembly Of Virginia, VIZ: the h
enforcement of the payment Of all l
taxes due upon each transfer. This
has often been attempted to be A
accomplished in Virginia, but p
such legislation las been totally G
Intellectual under the present sys- h
TEN of transferring land. y
d II discussing this subject the I'll
Richmond Times dispatch recently il
quoted statements from a number G.
of prominent Virginians, including b,
lawyers, bankers, brokers, real ft
estate owners and active business
men in the various walks Of life. G.
Without dissenting voice they =
all advocated the plan. Among la
the number of gentlemen thus c.
quoted appeared the following: j
"Mr. w. S. Hopkins, Il member H
Of the Lexington bar, has written: m
Having become satisfied as to the On
utility and advantages of the Tor :,
rens System, shall be very glad ~
to give my support and any in II
fuence | may have to its adoption v
by our State. Mr.. Hopkins writes it
that the subject was discussed
nearly two years ago in a club at
Lexington composed of professors tn
Of the Washington and Lee Uni ID,
versity and the Virginia Military wi
institute, and several lawyers and n;
)ne or two business men cf the
own. He says all appeared greatly Po
and were almost unani- M
nous even NJ that early day in be