The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1912-07-20
TORRENS SYSTEM
Of LAND TITLES
Much Needed Real Eestate Reform
that the Next Legislature Should
Give TO This State
(Times-Union, 1Sth)

The Times Union some years ago
advocated the adoption of the Torrens
system OF real estate title registration.
a system which simplihes the subject
OF real estate titles to the same degree
and makes the purchaser as certain OF
what he Is buying as the registry of
bonds or of live stock or any other
class OF property the determination of
title to which and it's character has
been reduced to the basis of certitude.
Hon. John G. Cooper has conferred
favor on all present and prospective
owners Of Florida real estate in his
advocacy and explanation of the sys-
TEN In a speech before the Jackson
Vile Real Estate Exchange Tuesday,
and the promptitude of the exchange
in voting that its board of directors
investigate the subject shows how
strongly 1t felt the need Of reform in
the present cumbersome. expensive
and almost archaic system Of land
transfer
Under the Torrens system the state
assures the title to each piece of real
estate within it's borders. The buyer
need have no fear that he is not pur
chasing a clear title to the land for
which he pays his money The seller
abstract OF title made. The transfer
is as simple, direct and certain as the
/ selling OF a piece of dry goods.
The state of Florida, If the legisla-
ture should have the wisdom to adopt
this system, would employ lawyers to
i settle all questions OF the past regard
ing every parcel of land in the state
by judicial process once and for all. If
the present holder of such land is the
rightful owner, without any cloud
upon his title, he would know it be-
yond the shadow of doubt and
would need to bear no assault upon
his title in the future, provided he
4 kept his taxes paid up. IL he desired
H to sell 1t. the buyer would know from
the states certificate that he was buy
ing a clear title to the land beyond
the reach of anyone to dispute it.
Instead OF the record of his deed
taking up several pages of the record
book, as at present, blanks might be
filled out in printed forms in the
book, which would contain several
deeds to the page, IL Florida adopted
some one of the systems now in use
In some Of the states which have
adopted this plan. This would reduce
the number of books required. But
81 searching the records when the owner
held the states guaranty would be a
work of superfluity, it may. well be
conceived.
The deed to a piece of real estate.
city or country, thus guaranteed by
the state would have the standing in
the financial world of a bond or a GER
tificate of stock 1t could be as read
lily pledged as collateral for loan of
money The assignment of that deed
-. a
man and his wife by filing the blanks
signing II in the presence of witness
es, would have all the effect of a
mortgage. The mortgage would be
valid without any searching of title
and record would be unnecessary
Thus expense, time and publicity are
saved At least, these are the primal
ideas in the Torrens system, though
~ they may be modified in the adaptation
S of it to Florida conditions.
Even If one procures the making OF
an abstract of title he is at the mercy
OF the lawyer or corporation furnish
ing that abstract who may overlook
something which clouds the title. Sd
is the party of the second part
The Torrens system should be made
optional. though. IL it is adopted, the
have to pay the expenses of the states
assurance of all titles. The cost tC
each Individual property owner woult
be less by considerable than the ex.
pense OF an abstract of the title to eacf
piece of real estate he may desire tt
sell The real estate owner, having
paid for the states examination int
his title whether he desired to or not
would probably elect to enjoy the ad
vantages, especially in view of the en-
hanced value OF his property IL h,
possessed the states certificate an'
the potentialities of that certificate a.
collateral. The plan is working vel
lin at least five OF the most importan
states in the Union, such Massa
chusetts and New York, and 1t shoult
prove to be we'll adapted to Florida.
will be adopted some day and tn
sooner the better in the name of ia
cility and certainty of transfer o
title