The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-07-04
A PLEA FOR TORRENS LAND
TITLE SYSTEM


~violative of a sound economic policy
L am as fully persuaded that moth
ing short OF an Y aid at the root
of the tree AN effectually relieve the
situation.
There have been occasional efforts
to amend the present system, az IN the
act of 1879. which. after reciting-
Whereas. the necessity for the use
of the word heirs to carry a fee sim
pie estate is a relic of feudalism and
an unnecessary technicality:
And whereas, the reason for using
private seals has long since ceased,
and the present form of deeds is COM
pick and lengthy. thereby unduly in
~creasing the cost of registration
undertook to abolish private seals. to
create a fee unless a different estate
should be expressly created by the in
strument, and to provide a short form
of deed, as follows:
Received Of ........ (the buyer)
........ dollars. in full for.
describe the prOperty).
(Dated......) (Signed by %seller).
This imported a general warranty
and whatever else was necessary to
convey a fee simple estate.
But all such efforts have failed to
accomplish the benefits intended. be
cause the real trouble was inherent in
lI0 sSCtCI oitO ihoN pea -
Lawyers were afraid of the patchwork
when every patch added to the bur
den and responsibility of their en-
plOyment.
At least five elements must enter
into any adequate remedial legisla-
ton: /. Machinery must be provided
whereby one may have his title estab-
lished against the world, whether
there be a controversy or not. At
100 4Anro =, 20 rnD,ndx hntnn1 tho
particular matter in controversy and
the parties and privies to the action,
AS to all other questions and persons.
the sufiiciency of the title ren1ainS an
open QuestiOn.-even at the end Of lti-
cation. .. The integrity OF a record
title must be made and maintained in
violable. One who deals upon the
faith OF a clear record must have the
assurance of a clear title. 8. There
must be certainty and permanence Of
boundary and description,-else there
can be no assurance or certainty of
title. 4. There must be facility of
transfer at a moderate cost. 5. There
must be an elimination of the present
cumbersome and expensive registry
system.
Turning again to the Torrens sys-
tenn. We find that these very particu-
lars constitute it's principal character
istics. elaborated and made practical
through actual experience.
Procedure.
I suppose it will be expected that I
shal have something to say of the
procedure for administering this sys-
tenn. This varies in different iurisdic-
tons. Some have local. some general
land courts. Some utilize existing
courts. Two distinct are sug-
gested in the North Carolina bills of
1909 and 1911. Thee first to
create a general land court, located at
Raleigh, with judge, clerk. records.
etc. It was to have jurisdiction
throughout the State, with local Off
GERS in the several counties. The
second, hat of 1911. authorized a spe-
cial proceeding before the clerk of the
Superior Court in the county where
the land lay. My earlier impression
was distinctly against the first plan
as cumbersome. in~convenlent and i'm
practicable. I still have that view of
it as a whole. but further considera-
ton inclines me to the view that it
will be We'll to combine the two. ]
would conduct all proceedings up to
and including the final decree before
the clerk of the Superior Court in the
county where the land or a portion of
it lies. [ would then have the whole
record submitted to a land-court Judge
for review and approval. / would vest
this Judge with general supervisory
Jurisdiction over such proceedings and
over the administration of the system.
With the approval of the Supreme
Court. he should prescribe rules of
procedure and administration, to be
hanged from time TO time as occa-
sion might arise. [ would also give
him original jurisdiction of all claims
against the guaranty fund of the
State. It may be that under the Con
~stitution the Supreme Court would
have 70 adjudge such matters. I
think that would probably not be
necessary. but If it should be. then the
judge could report his findings to that
court for its Judgment. It would also
be proper that he have authority 10
submit issues of fact for trial in the
Superior Court or before a jury in his
own court. The present engagements