The Florida agriculturist., 1906-03-28


speedy. simple and inexpensive, by
means of which the title to real estate
may be transferred approximately
with the same ease and prOmptneSS
that characterizes the transfer of the
title to registered stocks, or bonds,
thereby enhancing the value of lands
as well as placing them among the list
of first-class securities for loans of
money The advocates of the TOrrens
Land System claim for it speed, safe
ty. economy, and that in countries
where it has been adopted it has given
relief against the evils of the older
systems. and has furnished an almost
perfect scheme of registering land
| titles.
The Origin of the TOrrens System
Mr. Robert TOrrens. then resident
of South Australia, about fifty years
ago, cOntrived the plan of registering
land titles which bears his name. He
was first Commissioner of Customs
in that Colony, and then became Il
Register of Deeds. AS Commissioner
of Customs he noticed the ease with
which transfers of undivided shares
Of ships were carried out under the
plan of registration required in the
| Merchants shipping Act. AS a
Register of Deeds, he saw the incon-
veniences and the uncertainties in
herent i'm the mode of transferring
land titles His scheme of registration
of land titles is modelled on the Mer-
chants Shipping Acts. modified, of
course in such particulars as the diff
| ference between the nature of the
! property transferred required.
| How the TOrrens System is Applied
and How it Changes the Old SYSTEM
| The TOrrens system applies to real
estate transactions, the convenient and
| safe plan of transfer to the title of
land that prevails in the transfer of
bonds issued by the state, or of regis
| tered certificates of stock or bonds in
a stock company or corporation. AS
| the owner of such stock has issued to
him IL certificate. which upon its face
shows the number. his name the num-
Der of shares and the amount so under
| the TOrrenS system a certificate is
| issued by the state to the owner of
| the land upon the face of which is
set forth the owners name, its Situa-
| ton and the number of acres and
schedule of any membranes on the
property, with a guaranty of title.
The owner of the land may transfer
and assign his title i'm the property to
IL purchaser or lender by writing to
that effect on the certificate and de-
livering it; and the purchaser or lend
er will be secure in his purchase or
loan. for the title has been examined
by the proper officers and the state has
guaranteed it.
Let us now look into the method by
which this change in the old law has
been effected. and also the operation
of the new system.
How the TOrrenS Law Would Work.
Under the TOrrenS law the owner of
real estate who might be deSirOus to
put it i'm such IL shape that he could
easily and promptly sell it. or borrow
upon it, would have the right mot
compelled to do sol to file a petition
to have his property registered by the
state This petition is filed before a
court which has been created for the
purpose. consisting of a judge. an eX-
aminer of titles and a register of
titles The law can be made to en-
brace the whole state. or it can he
made to take effect only in certain
counties or cities. The court could
sit at stated periods, in certain cities
or towns. and adjourn to the several
counties as convenience might requires:
or it might send its examiners of title
titles and to report the results to the
court
Upon the application being filed it