The Grit-advocate., 1903-07-24


Eth. As the law is of great import.
a0ce and far-rcaching in its effects the
following brief synopsis of Its provis,
tons, in the form OF extracts from an
article by Senator Edward Il. Taylor
Of Glenwood Springs, who is the au-
thor Of the measure, will be Of general
Interest:
The general objects aimed at by all
the various Torrens acts are:
First-Certainty in the establish
ment and proof Of title; and
Second-Simplicity and facility. in
dealing with the land after the title is
thus conclusively established.
The general means by which these
objects are sought to be attained are:
(a A public examination Of title by
Q court Of competent jurisdiction.
(b) The registration Of title found
upon such examination, and the issu-
ance to the owner of document
called Certificate of Title" which
declares that the person named there
IN owns a specified estate in speci-
fed piece of land:
(c) The requirement that subse-
Quently, title TO the land registered,
shall pass only by the entry of the
not by virtue of Il deed, which, under
this system, operates only US a con-
tract.
(d) Notice on the register and on the
certificate itself of any matter affect
ing registered title. Claims not
registered, have no validity; and
(e) Indemnity against loss out Of an
assurance fund.
TNha nrocpaJiDp in all states iS mere.
ly simple form of a suit brought by
the owner Of the property against all
the world to quiet his title. If his
title is good, the court enters a decree
SO declaring. That decree is recorded
in the office of the recorder of deeds,
who is called the Register" Of titles.
That official issues to the owner
certificate of title. When the owner
uesires to transfer the property, he ex-
ecutes deed to the purchaser and
surrenders his certificate of title; the
purchaser takes the deed and certiti-
cate of title and delivers them to the
Registrar; the Registrar files the deed
In his office and leaves it there, can
gels the old certificate of title and is
sues new one to the new owner,
makes the proper entry upon the book
IN his office for that purpose, which Is
called the Register" and upon the
payment of Il small fee the transac-
ton is complete.
Inc Registrar of titles is, under our
act, the County Clerk and Recorder.
He Is required to give an additional
bond and comply with certain require
mentS, keep certain special books, and
he is financially responsible for the
acts Of his deputy. He collects GER
tain small fees, but receives no addi-
tional salary over and above that al
ready provided by law for his duties
as Clerk and Recorder.
Under our statute the owner Of prop
erty desiring to register his title, must
hrst obtain complete abstract of title
to theproperty desired to be registered.
Then he should obtain from the clerk
of the District Court a blank form of
an application for initial registration,
and fill that out complete and sign it
and swear to it. This application Is 4
simple, short and plain form of a Pc
titiOn to the court, reciting the name
of the owner of the land, descrip-
tion Of the land and naming all per-
sons who are occupying or claiming
any interest therein, giving all incum-
brances, If any, thereon, and In gen.
eral reciting the full condition Of the
title and all interests of every kind
that any and every one has therein.
Yhe petition ends with a prayer to the
District Court to investigate and de-
clare the title or interest of the appli-
cant in the land referred to. The Pc
tition and the abstract are both filed
with the clerk of the District Court.
No other court in this state has any
jurisdiction of this proceeding. On the
filing Of that petition the applicant
pays to the clerk of the court docket
fee Of So in counties having more than
10000 population, and in counties hav-
ing less population the docket fee is
So. That sum is in full payment of
all clerks fees and charges in the
proceedings on behalf of the applicant.
The clerk of the District Court there
upon docketS the case in Il book to be
kept for that purpose, and known as
the Land Registration Docket Any
defendant on entering his appearance
shall pay to the clerk the sum of 50
which is in full payment of all fees
on behalf of such defendant, in all
counties.
When the owner or registered prop
erty sells his land, he makes out an
ordinary deed, quit-clIim is as good
as warranty, because the deed is
merely contract of sale that does not
of itself transfer the title. The ven
dor delivers the deed and his certti-
cate of title to the purchaser. The
purchaser takes that deed and certti-
cate of title to the Registrars office.
ines his deed and leaves it with the
Registrar Chat officer files and keeps
1t, but does not record it,, surrenderS
his certificate for cancellation, the
registrar makes the proper entry in
the 'Kegister of Titles and makes
out n new certificate to the purchaser;
then upon the payment of So the whole
transaction is closed. A sale and
transfer of any real estate can thus
be safely made in 4 few minutes.
If the owner of Il certificate of title
wishes to mortgage his property, he
makes out an ordinary trust deed or
a pD /, I,