The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-24
The Torrens System.

objections Nos. and to the Torrcns
system. Mr.. Massie says:
Lawyers and others OF the old
school object to the Torrcns system be-
cause it will make the transfer of real
estate easy. 1T is already easy
enough says one, and as easy as the
best interests of the people require
But when you go to transfer any real
estate you find that 1t not only in
wolves many difficulties. but is also
tedious and costly. In the first place,
no transfer can be made without, the
advice of lawyer. No prudent man
Will buy without having the title ex-
amined. 1t makes no difference how
often 1t has been examined before, 1t
must be examined again by his lawyer
for the purchaser; and the value of
your title to the purchaser depends
upon tho opinion of his lawyer. Tho
best lawyer in town may have assured
you 1t was all right, but the purchaser
Will only be satisfied with the opinion
of his lawyer. The purchasers lawyer
may not compare with yours in ability
and experience, but his opinion is final.
so far as the purchaser Is concerned. In
other words. the value of any mans
title may be made to depend upon the
cliiiiVai "a % NS1n VI IlcuBllUS Ol
the law. Can 1t be soberly said that
transfers of real estate under such con-
ditions are as easy as the best interests
of the people require?' Why should tho
people be compelled to consult law
yer before any transfer of real estate
can be made? And why should they be
continually subjected to endless fees
for examinations of titles that have al
ready been examined and re-examned
ad nauseam? This is q perpetual tax
levied on generation after generation
of long suffering victims. not from
necessity, but because they supinely
permit themselves to be so taxed and
gouEcd. No man can deny that this
tax and the delays and difficulties at
tending every transfer of land operate
as restraint upon transfers. But Mr..
Blackstone says: Experience hath
shown that property best answers the
purposes of civil life. especially in COM
mercial countries. when its transfer and
circulation are totally free and unre-
strained And the late John B. Minor,
that great doctor OF laws and wise
teacher. said: Experience has demon
strated that the prosperity of COM
munity depends much upon the free
dom with which property may be
transferred from hand to hand. Any
distractions to such transfer are there
fore hndrances to the general we'll
being One great purpose of the Tor
rens system is to remove all such OBJ
structions and hindrances.
Another favorite objection to the
Torrens system. made by persons who
do not understand it. is that it will en-
danger the homes of the people This
is an argument that has been used with
Sanipnt farvOr nn1y n ic1o
ture. but on the streets-and 1t has
even been repeated by lawyers who
ought to know better. "A man may come
to town with his certificate of title In
his pocket, and in drunken spree dis
sipate the savings of lifetime and
deprive his helpless wife of shelter and
his innocent children of their home In
point Of fact no such thing would be
as much possible under the Torrens
system as it Is now. In order to trans
fer title under the Torrens system, a
deed has to be signed. scaled. acknowl-
edged and delivered as at present; and
If there is n wife. she has to sign and
acknowledge the deed along with the
husband to pass her dover. as at pres
cnt. And in order to pass n Torrcns
title. both the owners certificate OF
title and the deed must be presented
together to the clerk when a. transfer is
desired. In this respect 1t is more diff
cult to pass title under the Torrens
system than at present, because now
only. a deed is necessary The Torrens
system throws an additional safeguard
around the transfer by requiring the
presentation of tho owners certificate
in addition to his deed. But 1t sim
plifies the transaction by making every
transfer final, thereby cutting out the
necessity for any examination of title.
and saving other costs to the parties,
and bringing the business to a certain
and speedy conclusion. A true state
| ment Of the case would. therefore be
| this:
Suppose, II you please, that man
| may be persuaded incon sderately,
whether from haste or some malign
| influence, to deed away his home. II
| this be done under tho present system.
| the deed may be recorded and his
| property be lost before he has time for
reflection; but If 1t be done under the
Torrens system, being compelled to
| deposit his certificate of title along
| with his deed. he will thus be given
time for reflection while producing his
certificate of title for deposit. IT Is
apparent. therefore, that the Torrens
system, 80 far from cndangering the
homes of the people, will throw an
extra safeguard around them"
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