New-York tribune., 1908-01-29
FAVORS TORRENS PLAN
4 NEW SYSTEM NEEDED.
NJ. Joseph Harson Says State Should
Helm Perfect Land Titles.

80 ,,,,Is pee,stration'' at the real estate
school Of the West Side Young Men |'
Association No 500 West 5ith ST. MANY p7 -
prominent in the movement to enecl onae
tbs nstbod Of registering land titles were pfese'-
The speaker said he favored the aoop'ioh u ~
Torrens system. .r q, ,b.
..rbe most important thing on this earth Is 'he
land on which we stand and from wnich We uie"
our sustenance" said Mr.. Harson IL - tno 80.
Of all our wealth. and every sane man eh'er'ai'.s
~, 80 ~ Incoming possessed of a part OF i'
son,. time during his Hfe and long BEFORE 'ha'
time when a small area Of land VIII oeeoHie p'
sessed Of him. .-co
..I, o,,ybt 10 follow then that next in importance
,o tho land itself should be the title oy WHICH -
.osro- establishes his right OF ownership ahu
tbis ought TO be so evident and we'll denheu 'na
all who run might read it. Ihis suOJe'' " 80
ownership overshadows all other sunJectS' a4
question Of the best method of establishing ui1is "
land is regarded by many as one u ''e
po-4a-t problems OF the day =.
9TH. r.rti,.,lar manner In which ownership -
land is held IS described tenure IN iauu' si1
every thinking, healthy minded man. "o -,
had ary previous knowledge OF lano 'e'u'7' .
ines il is the simplest. easiest pi'' ~
tain kind OF ownership .,4~.
- &, a,,,used TO learn that the most uncertain
ard most illusire kind of ownership Is oNnsi .IIa
IN land He is told that under no cii' -, =,
sbould he buy land lend money on iano u'1,i ="
las had the title carefully searched On asN'"5
yTh
o-.rcae in the county clerks or register on'e0
1,a.ring in anv manner the property n'us' "
carefully examined; that all rnortease =,
tho same office must be examined ale'
Wills in the probate court bearing oh ' -.
r,,st no looked into: that the records or 'ne 'o"'
80 p. sxan,ined and also inquiry mace a' ,0
h;ef-s Office and offices of tax collector ana "s'i
commissioner. -, n, -, M
CO., this he done in a few hours? On ny nO
means You may consider yourSel id'nS 80
, .,rcb made? Well. there have been SOM
;nst.,cee when the ccnveyancer has hao 10 ~
49,. o,art,, in lo,1idatio of his bill Tor seare'">
the title. ..,..o b,,,inz
lyon might explain that you conten,pia' - --.,,s
,r,nartr from a very reputable ana fespohs
- - b,uSb, n but a year ago ana Fho ho'
bod the title searched to his complete sa''S
yor are told that this will make no olI'ele''C7'
th.t the title should be searched -nach 'o W.
.,,re inst as II II had never been searCheo '0
fore. -. r.,,1 consented
-. sxb.uetive and expensive searcn oeins
r,s6e Won are now absolutely ceVtain oi 80
title II SO, you are consoled WIN ''e -,
tEat YOU are greatly mistaken. as " .ors
orsh examination or the IeC''uS
complete protection 49,,
..r-or instance a deed which appears on the
rerords NAV never have been delivered y PET
son appesring from the probate RECORDS 10 h"N7
died intestate may have left a will which a1'Hr-
v
pran+or NAV have been a minor when she Joined
her husband in the deed Of sale A person VINO
appeared as unmarried on the records may a1l-r-
ward turn ont TO have been married For these
and other reasons. the legal capacity OF grantor
10 convey may be invalidated
"A century ago Blackstone Nescribed the sys-
TEN of titles as wonderful tissue of n1etaphys-
cal subtIetes serving other purpose than TO
show the vast powers of the human intellect,
however vainly and preposterously applied
ruled the affairs of the world In this twentieth
century being dissipated, and your ability
to think sanely being paralyzed by this worse
than Chinese puzzle. you exclaim in your
ment: Is a perfect title possible and IS there
any way TO secure title against all attack The
head OF the legal department Of a title company
Informed me that there not an absolutely
perfect title to property Manhattan Island.
and when l repeated this statement to the head
OF the legal department Of another title COM
pany, he at once confirmed the statement The
only way in which a title can be regarded as
secure against attack is after it has been sue
cessIuiiY defended on every side in the courts
and final Judgment rendered sustaining every
cia1m. This Is a method, however. that is NOT
taken up by owners with the enthusiasm il de-
serves.
TO cover over and patch I'D the defects :, this
ahuquated title system remedy has been in
vented called title insurance and this will receive
some attention later"
Our system of land laws has hoe, 5sr7,-o, g.
the hnslsh feudal system, and scarcely anywhere
IN the United States have they been re11ode,Ad
IN conformity with the needs and usaces of th,
twentieth century The great disadvantages of our
system are rapidly increasing Examina ton of title
10 land involves each year a greater amount of
laoor and d higher degree of skill. Where A large
parcel OF land is cut up into one hundred lots the
examination of title the first lot usually covers
the same ground that is gone over upon the sale
OF each OF the other ninetyni lots To illustrate
TINS point. first intended to take city block and
trace the number of transfers and mort ga ges of
each parcel back to The time they stood in a single
name before subdivision. AS prior to 1891 all trans
fers and mortgages were indexed simply under the
names of Srantor and grantee. this would involve
so much labor that il OF the question
therefore. took block that every one is familiar
last three years. l found examination of the
records at the Registers Office that on the block
bounded by Sith and 18th streets and Fifth and
Sixth avenues. that from January J. 1900 to Janu-
airy |, 1906 there 19S transfers and Do mort
cages, and at one time the block held by
more than sixty-eight There are other
blocks i'll the city which would show greater ac-
tivity. The number OF transfers and mortgages
from 1900 to the time when was sub-divided into
building lots, leave you to conjecture.
Every time of these lots changed hands OF
had a mortgage recorded a bill Of expense was iu-
Cured for searching title. All Of YOU are familiar
with the great American game of draw. at least its