The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-23
Real Estate Association Ma,
for Change in Abstraeti,'
Methods.
COMPANIES AND ATTORNpv
WILL FIGHT PROPOSll|
Proposed Innovation Now /
in England and Other'
Countries.

The Real Estate associate,
shortly go on record as fayoy;..
Torrcus land system of abstraess.
probably will take the matter nm J.
next session of the Legislature.
The abstracting companies ana
neys will fight the proposition h
brought up, because it wilI kpn.,
abstracting business in the head a,1
ruin a class OF business which IA
source of revenue for nembe,a q
legal fraternity. There are arvur
both for and against tho Iorrsns
tenn OF abstracting.
1t is declared by supporter a
Torrens move that a title to r,.;
can be transferred at cost OF mi
than 50 where now at least SAD {
quired, and the transaction can b.
through in few minutes whers
many days and oftentimes wesk.
required. IT is declared nv
against 1t that the system Is np>~
tutional. and impracticablc in tbs
ed States because the ownerYhiu a
rests in the people. II
In England and Australia wbsr.
system is IN force the ownership n
rests in the crown and a quiet tlflo
be placed on property at the will h
government.
Titles Registered.
Under the Torrens system cha 4
are registered in the state. and
only way 1T is possible To tranrl|
title is through the court. Thn
ess, it is claimed, can be cafrief
at an expense of not more dian
When the Torrens system is a.
In a state, the court traces the 81
all property up to the present. n
the title is clear it is registered al
owner given a certificate. IA
this certificate the same as an al
When he desires to sell the pf61
he and the buyer appear befors .
and the title is legally transfarred
the new owner gets a new CERT
There is no need for lawyer or 4
stracter, and therefore their Gu
which call Cor an expenditurs d
least $50, are dispensed with.
It has been found that the eresf
BILE lies In the membranes whitl
Ist before the time the property
registered. While il was eenerafr
lieved that tho incumbrance cuul|
eliminated before registration BY q
vertising system, it now appear
the courts will not support sush
tlon.
The plan of the Torrens systsu'
that before the general change
the present system to the regist1
system the property sbonld be dss.f
In a current newspaper with tbs 4
Of the person claiming the land or ,
erty, IL other persons claiming 4
to the ground did not report viii
certain specified time, they would
felt their rights to contest the It'd
any time thereafter. q
Difficult to Clear Title.
The courts OF the various states,
ever, hold that the advertising ~
would not be enough to take away
claims which persons might hayl
the property. and the titles woull
contestable at any time, even aftar
property was registered, unless the.
sons claiming rights were notified
sonaIly of the change in the Rbstl
ing system.
This. it is said. would bring .,
state of affairs, because at any
registered property might be cont
by claimants on claims existing d
the property was registered,
In England and Australia the
is vested in tho people, and foS
reason it is not possible to bring q
a general quieting of titles.
The Torrens system has failed
California, it is said, because q
fact that the supreme court has
that the claims to titles prior %
time of the registering Of properly
Just as valid as after the pHopefT
registered.
The Torrens system is nothing
In Utah, having been iEtroduceql
cral times at sessions of the leg1aa
and each time being defeated,
real estate men want to know the
tenn and it may be that the men
will vote for an adoption IN Uiah,
that event the abstracters and q
neys of the city will sharpen their Z
and prepare to fight. 1t would cur
abstracters out of their business, a.
as eliminate big sourco Of reye1ps
the attorneys who look up titles y
the prespnt q ehafreCtinp system.