The Delta independent., 1903-07-17
The Torrens Law in Effect.

The Torren system Of registering land
titles went into effect in this state Mon
day. The new system will do away with
much Of the detail Of the present system
of registering titles, but it is not com
pulsory, it may be many years before
the law is generally adopted IN Colorado.
The new system was adopted origi-
nalIy in Australia, where it is now the
general practice. Within the last few
years it has been copied by various
countries Of Europe and by number
of the states IN this country. 1t was IN
troduced in the Colorado legislature
during the session OF 19O2-l9O3, by
Senator Edward I. Taylor of Glenwood
Springs, Under its provisions every
title is examined under the order OF the
district court and after the result OF the
examination has been reported. sum-
mons is issued to all the parties in
interest notifying them to appear IN
court and give their reasons, if any, why
the title shall not be declared to be held
by the plaintiff in the case. II no
defendant appears, or il the plaintiH
successfully controverts the claims OF
any who may answer, then the court
issues a certificate of title which III re-
corded in the Office OF the county clerk
and recorder and becomes the founda-
tion OF that particular title and in all
transfers the grantor OF the property
merely surrenders his certihcath Of title
10 the county clerk, who in turn issues
another, of exactly similar import to the
grantee. The usual deeds, as they are
now made out, will be drawn up under
the new system. but they will constl-
tute merely contract between the
parties and are only filed with ihe county
clerk and not recorded as now.
In each case where an owner OF prop
erty adopts the new system he will I'LL
out and file with the district clerk an
application for registration, giving his
own name and the names Of all those
who have ever owned the property and
all those who have ever had any claim
or lien against it. This application is
given to the court, who appoints an ex-
aminer whose duty it 10 to make com
plete examination Vt the title and report
within time specified BY the court.
This examination will result in the
making Of an sbstract Of title and after
this abstract has been made and fled
with tho court the summons will be is
sued and directed to all those mentioned
in the application or shown BY the sb-
stract to have had an interest In the
property. All thoss who cannot be
reached by summons will DO reached
by publication aud sfter the court has
entered it's decree. the title will stand
against all the world and it will never
again be necessary for an abstract Of
title to be made.
The certificate issued by the court will
be recorded and all future transfers will
be made by issuing a new certificate.
{ Mortgages and other incumbrancss can
bs placed against the property thus
registered, by making . note on the
registry and by issuing 4 duplicate certi-
hcate. II the sum mentioned in the
mortgage is paid the duplicate will be
surrendered and notation to that effect
made on the register. II it becomes
necessary TO foreclose the certificate held
by the mortgsgor, is taken up and new
certificate issued to the mortgage. The
cost Of registering title under this sys-
tenn is not much more than the cost Of an
abstract Of title and the other fees COD
nected with the transfer Of titles under
the present system and when it has once
been done the transfers that follow cost
only nominal fee. Ap assurance fund
| is also provided. into which every prop
erty boldea registering his title, pays a
cesiain fee. II it should happen that q
mistake is made and the holder Of the
property loses as a consequence he will
be reimbursed 10 the full amount.
While the law will be in full operation
from Monday on and the machinery Of
the courts will be in position to work
under its principles. it will not be nec-
essary for for anyone to transfer his
property under it's provisions and be
may mako use Of the present system as
long as he sees tit. II either one OF the
parties. to II transfer, however, decides
to use the Torreps 81 stem, everyone con
nected with the property in any way
will be Compelled TO abide by the de-
clsion.