The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-02-23
The Torrens System.

A favorable report has been made
by the house committee on the Tor
rens land registration bill and it is
hoped that the measure will be passed
without quibbling if possible, but any
how that it will be passed, because
the need for such a bill is plainly
evident. Adoption of the Torrens sys-
tenn simply means the abolishing of
antiquated way for improved, mod
ern procedure. 1t means safety
ground for the owners Of property,
and such protection is really the main
feature, though there are MANY 9TH
er good features about the bill, and
they cannot help from being appre-
ciated if one will but stop to think
over the past and present way OF
searching deeds and the recording OF
same. But, besides protection OF a
title against the world, it will save
the fear of defective titles and will
also save money and much time.
The Torrens system has been in
vogue now for some time in a num-
Der of States and has proved a sue
cess. It gets it's name from Robert
Richard Torrens and comes, like 9TH
er good things for public use have
come, notably a fine ballot system,
from Australia, where it has been in
use for nearly three score years.
Boiled down it is meant to provide a
way for a man to permanently regis
ter his land, so that such registration
NAV act as a bar against the world
to future claims of any person. The
wisdom of this can be seen, because
now years after a person has had
land and even paid taxes, other peo-
ple step in and a big lawsuit ensues.
Records for years and years back
have to be searched and often are
found to be defective. The registra-
ton system is bar to all this, az
ter the courts have made careful
search upon petition of man who
desires to register his land, and after
all parties concerned and the world
is given sufficient notice. When it
is validly registered why then the
owner is protected, and he need not
fear the loss of old court house rec
ords, or that some lawyer happened
to make a mistake during a lengthy,
weary, musty, search of great vol
ume of old records, or that should
his title be attacked the death of
people who knew all about it will
prevent him from presenting needed
testimony about his ownership, or
widow or children are sued after he
has passed from this life. Such
system will do away with the neces-
sity of having a deed searched, dat
ing back to the long ago, every time
a transfer of property is made or
mortgage given. The registration
book will tell it all, at about a
glance, and will keep the matter
straight while a very short form
mortgage, without descriptions of
property and a LOT of unnecessary
language having to be included. 1t
will save fees, time, and uncertainty
of title. It is bound to help the prop
erty owner and the business man
that is, if it works like it does in
other States, and there is no reason
why it should not work we'll in North
Carolina. 1t is thought so we'll of
that it has been indorsed by the State
Bankers association, the North Caro-
lima building and loan associations
and the farmers union of North
Carolina, and there has been a gen.
tral expression of approval by Others
There really seems no logical argu-
ment that could be advanced against
it. especially as the matter of regis
tration is voluntary; no one need
have it apply to his property if he
does not desire it so to do.
At the last session of the North
Carolina general assembly commit
tee was appointed to investigate the
need of such system as that of the
Torrens for North Carolina. The
committee seemingly performed its
work we'll, and has filed a statement
of it's Investigations with the leglsla-
ture, together with advocacy OF the
Gotten bill. In making it's report
the committee cites some very logl-