Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-12-20
THE ToRRENS SYSTEM.
Virginia Statesman Gives Clear and
Comprehensive Idea of II.

Virginia Statesman Gives Clear ana
Comprehensive Idea of It.
AS Is generally known. the Torrens
system Of land registration has been
adopted by several states Of the Union,
and it is not improbable that South
Carolina will adopt this system, or one
similar 10 it, either at the coming ses-
sion Of the general assembly or within
the near future Mr. Wilton H. Earle.
prominent member Of the Greenville
county delegation, will, it Is under
stood, introduce bill in the house Of
representatives recommending the
adoption of the Torrens system In Its
best phases.
This system of land registration sim
plifies the methods Of real estate trans
fers and saves quite an amount Of
money in the process. The honorable
Mr.. Massie Is a gifted speaker and has
devoted the best years Of his life to
the study Of methods for the simpli-
flying and decreasing the cost Of land
transfers.
To remedy the very many defects
of the so-called American system sew
eral Of the most progressive states
have adopted what is known as the
Torrens system Of registration Of land
titles. This system was introduced In
the South Australian parliament in
1851 by Sir Robert Torrens, and was
enacted into law. Massachusetts has
this system. so has Illinois, Minneso-
ia, California, Oregon, Colorado and
some other states. The system pro-
vides for the registration Of title rath-
er than the recording of instruments
affecting title. Under this system title
passes by the entry Of the transfer up
on the official register, and not by the
execution and delivery Of a deed. The
system is very simple In comparison
with what we now have. The two
prime objects Of the system are: %
Certainty and facility in the proof of
title, and (2) simplicity in dealing
with lands after the title Is first prov
ed. The first way in which this Is
hoped to be accomplished is by the
issuance Of the certificates Of title.
This Is an instrument which authori-
tatively shows on its face that the per-
son named therein has specific estate
in a specific piece Of land. All boun-
Diary disputes. 1t is hoped, will be set
tied once for ALL The first step Is to
procure the issuance Of his i'm
portant document called the certifi-
cate of title. This Is a new document
in the law of real property in English
speaking countries. No such document
has been known to the English or
American law Of real property until
this system was adopted. The proceed
ing to procure this document is set in
motion by an application. The appli-
cant makes application by a sworn
statement The first thing to be
shown when the application Is made
is to give notice to those who may
be interested in the land adversely
to the applicant. After the applica-
ton, the true state Of the title Is re-
ported to the court, and there Is
hearing upon the matter, and a de-
cree. This decree is very important
thing. 1t Is hoped by this decree to
settle the important matter or title
to land once and for all and make 1t
conclusive. The court orders that the
title is in a certain man; it orders that
1t be entered on the books, that du-
plicate Of what Is entered upon the
ha eyi,, fn ha N
title, which is called the certificate Of
title. In Massachusetts this Is con-
elusive against all the world after
thirty days except in few cases where
one year is allowed. In Illinois, the
decree Is conclusive against those who
are parties and two years are given to
those who desire to present adverse
claims.
If the decree is conclusive. and II
this certificate establishes the title
indefeasible in the person named, then
purchasers may regard this as con-
elusive and rely upon the simple re-
cord of entry. Indefeasibility OF title Is
aimed at under the Torrens system.
The next important feature is the
subsequent transfer and dealing with
the land. This Is one Of the essen
tial characteristics Of the whole sys-
tenn. The Torrens acts provide that
the obtaining Of a decree Of registra-
tion and the entry Of certificate or
title shall be regarded as an agree
ment running with the land, and
binding upon the applicant, and all
his successors, and that the land shall
be and ever remain registered land,
and subject to the provisions Of the
act. The land Is dealt with there
after as registered land. We have an
analogy to that in the transfer OF
stock in corporations. The stock is
transferred only upon the books Of
the company. The certificate Is only
evidence Of the owners title. When
the title to stock is transferred, the
certificate Is surrendered and can
celled. In adherence to this princi-
pie, all dealings with the land must be
upon the registry.
Another feature that exists In the
system is in regard to the transmits
sion of the property upon the death
Of the owner, where 1t Is transmitted
by operation Of law. The law vests
in the devises. or heirs. The difficult
ty is removed by letting the property
pass on the owners death to his ex-
ecutors or administrators to be dealt
with the same as personal property.
The act provides that upon the death
of the owner, the land shall go to
the personal representatives the same
as the personal estate, and be SUBJ
ject to the same rules Of administra-
ton. except as otherwise provided by
the act. This executor or administra-
tor shall file in the court a certificate
of heirship.
There is another characteristic fea-
ture. and to many this seems to be
the chief characteristic, the insurance
feature Torrens suggested an insur-
ance bond. In Illinois. 1t is one-tenth
Of one per cent. and this is to be
used to indemnify those who there
after may prove their claims to be
good against the land.
The general principles Of the sys-
tenn are as follows: Cd Public eX-
animation of title; (2) Registration
Of title after this examination CD
The issuance of the certificate of
title; (4 The registration Of title OH
each subsequent transfer; CD Notice
upon this certificate of any matter
affecting the title to the land: 60
Indemnity fund providing for loss
Greenville News.
THE RoTHScHILD BIRTHDAY.
The Had of the House Now Seventy