The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-01-31
The T0rrens System I'D Land Titles

said by Governor Russell If any
mans title to j piece of land Is ques-
toned or attacked by particular per-
son.the Commonwealth has provided
courts With appropriate jurisdiction n
which the owner can have his rights
ascertained and established As against
that person. But il has failed To pro-
vide any method by which one can
have his title ascertained and estab-
lished against all the world Cnder
our practice a new examination Of the
title is usually made upon each sale
or mortgage Of piece of land in spite
Of the fact that sufficient examinations
may have been made in former trans
actions.
Although many owners OF land Hud.
when their titles are attacked or be
come involved in litigation that they
must rely for their defense upon tho
statutes Of limitation which are based
upon possession, there IS no means
provided in our law by which a land
owner. on his own initiative, can HAY e
his possession ascertained and made
matter OF record to avail him, his
heirs or his assigns in future litigation
when the witnesses upon whom he re-
lied to esta bilsn his possession have
died.
Fourth Your commissioners ind.
from the examination Of statutes de-
cisions of courts Of last resort, cor
T1 al ~, ,i1s3
tons. that statutes more or less con-
forming to the provisions Of the Tor
rens System, having the same purpose
and plishing the same results,
have been adopted and are In succesS
ful operation in a large Number or
States-lllinois, California, Massachd-
sets. Minnesota, Oregon. Colorado,
New York. The subject is being dis
cussed and investigated in Georgia,
Iowa, Kentucky, Louisiana, Maine,
Michigan, Missouri, North Dakota.
Pennsylvania Rhode Island, Tenne>-
see. Texas, Virginia. West Virginia.
Wisconsin, and South Carolina. The
constitutionalty OF these statutes has
been sustained by the Supreme Courts
Of asSachusettS, Illinois. California,
Minnesota. Ohio. and New York.
The Torrens System Of Land TITO
registration derives its name from
Robert Richard Torrens. who intro
duced what was known as the Real
Property Act in the South Australian
Parliament in 1857 The act became \
law in 1858. This system or systems
similar in principle are IN use in the
English-speaking countries Of Austral-
asia. British Guinea, British Honduras,
Canada. Cyprus, England. Ireland,
Jamaica, Ieeward Islands, Trinidad.
and Wales: and In the forcisn-speai<-
ing countries, Austria Hungary, Don
mark. Germany, Norway. sweden ana
Switzerland
The various acts in force in tie
above States and countries differ in de-
tail, but the underlying principles are
the same in all Of them. Provision IS
made for the registration Of title after
u full investigation OF all the facts,
both record and otherwise, affecting
the title and for q final decree cstah-
fishing the title upon the facts found.
This decree is good against the world.
and. upon the expiration Of a short
period cannot he attacked in any
court for any cause. Further pro-
vision is made for the transfer of thc@,.
registered titles BY delivery Of the Ger
tificates issued pursuant TO the decree
and a mere notation on public rec
ord Of the facts in regard 10 sHri'
transfer which are essential for tho
protection of subsequent purchasers
CONTINUED on rage Tw")