New-York tribune., 1908-05-24
ToRRENS TITLE ACT
IT'S CHIEF PROVISIONS.
uo,D TO Register a Realty Deed
Under the Ne1r Lac.

~. consensus OF oInaon ~ Ie $50 CIR
= -. ,re bill fer the re io'on oi iano u'iee
oies ina -. Torreas system, which was signed
known as ". .Iynebes on Wednesday. Will prove to
by GoVerloi zen forward in facilitating and per-
be eIe transfers OF title TO real property.
fectine IL - rss drawn by David A Clarkson
The HeH'. ~ :. the commission appointed under an
oh@-. 20 rbe previous Legislature, and Alfred G.
s0N pa1ah Folks and Gustave w. Thompson
hee'o' of the Torrens commission. 1t will
a+so ".S ..ct On February l. 1919 II was heartily
20 +.s - hv the Real Estate Board OF Brokers Of
SUI SUI -, of which Mr.. Clarkson is president the
~. -s, ho5v Of realty and many other organi-
.so,s interested IN realty progress.
- LAM will not be mandatory. According to ex-
3 m real estate law its various provisions re-
r-s,nr the method Of removing clouds on titles
"a -erisrering titles are set forth so plainly that
.,,ost the inexperienced in real estate matters
- readily understand them.
.-v person who desires 10 have his title regis
.se5 under the law must file what is called
,.-t prayinE for registration II must be fled in
osuties which have registers at the Office of the
a-seistrsr" and in other counties with the county
,.rk The complaint must relate TO q title to land
!, the county when il is filed. This complaint may
!, made in person or by legally designated rep
-sssntative OF the owner While it is before q
-seister county clerk il is simply called a
eorapsint and when il reaches the Supreme Court
a Is called application The complaint is sub
-,lre6 by the register or county clerk to the Su-
r-sme Court. which shall be always open for the
tuness OF the registration of land titles, and that
susness also includes the removal Of clouds from
titles.
The Supreme Court is to have a body Of title
txsminers- The examiners 90 be named &C
,ording 10 certain regulations be framed by the
Cart Of Appeals. No person is TO be admitted 10
.ris body OF examiners unless he is attorney or
,opusellor al law in the courts of record of this
ssre or Is engaged in title work for corporation
s,lv fncoroorsted TO guarantee and insure titles,
= will be the duty of this body of title searchers
n receive the complaint praying for the resstra-
-on Of The title and 10 make a thorough search Of
al realty and other transactions affecting the title
n -be property in question. Their method of pro-
ce6ure will be practically similar TO that now used
hv title ssarchers Of the various companies which
insure or guarantee titles. They will report TO the
rr1rt the condition OF the title far they can
ss-n and the Will then determine the rights
n The Plaintiff tand all persons asking for regis
ration Of title are numbered plaintiffs in the
rraperty under consideration. The court may find
mai The defendant is entitled the title. and in
-hsr case The THE viii be registered in his
ne court VIII also have body Of competent sur
v.vors and il shall be the duty of the surveyors
elesrv 10 show the exact boundaries Of the land
uu6er consideration. its connections with adjacent
lsnd and any adjoining or neighboring streets and
avenues and al encroachuents. if any, and all
other facts which are usually revealed by an ac-
curate survey. After complaint has been made a
orv setting forth that action has been begun 10
register the title is be posted in conspicuous
race or each parcel Of land. and that notice must
bs exhibited IL such a conspicuous place at least
forty days before the application is made for judg-
-nent in The action. to be more explicit before
ths court hands down its decree that the pleintln
n The complaint has perfect right 10 have title 10
Ire rore-rv registered. No title can be registered
e all taxes and assessments affecting the property
IN question are unpaid, unless the court otherwise
rules Any tltle procured by or as the result OF
fraud nav l.. set aside in the same manner as a
6ead obtained by fraud provided that such pro-
eeedgs Tor setting aside the registration shall not
njuraously affect the rights Of AN innocent buyer
4 or incunbrance-f Of the property This action 10
81 aside the registration Of the title must be be-
Kun zithu ten years. and other action TO set II
faside can be Undertaken except within six months
after the judgment Of registration is presented II
z person lives outside Of the state he must file
with his complaint OF before making his complaint
z paper appointing an agent TO act Tor him. All
Defendants with exception must receive ser
vice personally. The exceptions are the people OF
1he state Who are included as defendants IN
every action Service may be made to the state by
mailing letter addressed TO the Attorney General
ANY person claiming TO have any right or interest
in any real property may file with the register OF
cour-y csrl written notice which is called under
the law { caution. After the fling OF lhs houco
The register or county clerk receiving IL viii be re
uuire5 10 send word 10 him whenever a complaint
IS received affecting the property in winch ne As
interested IN This notice Of caution the writer
must reveal the nature Of his claim or interest III
the property. When judgment or registration
has been entered. d register or county clerk VIII
issue TWO certificates Of title both Of which VIII De
exactly alike The first Will be called the orig
inal certificate and viii be preserved IN me ar
chives Of the registers county clerks ONCE
snd the other certificate viii be given 10 the holder
Il the tile
TIE law also provides for an assurance fund-
rpoa The original registration OF real properly le
register Is 10 be paid one-tenth Of ! per cent OF
the assessed value Of the property in question.
Tbs SUN IS 10 be turned over TO the treasurer OF
the county in which the property is and is 10 be
asid as an assurance fund That fund Is 10 pe
ussd in meeting sny loss sustained by any one
VINO svatls himself Of il who is deprived OF real
property ms rights in any real property 10
Z which tile has been registered and placed under
Ire provisions n the fund The plaintiffs may
overlook this provision or accept il.
TIE fees for the registration Of title according
70 experts VII not exceed so, and after title
1sS once been brought under the operations OF this
sT il VII he possible TO issue a new certificate
o. title, in other words, 70 retransfer title IN
{ few hours