Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-09-05
REGISTRATION OF Land.
Comprehensive Explanation Of Tor.
fenS System.

fenS System.
DOES AWAY With USELESS EXPENSE
Plan Devised to Take Place of More
Cumbersome Methods-State Guar.
antees All TitIes-SimpIioity is the
Rule.
The system to registering title to
land was introduced first in the prov
ince Of South Australia by Robert r
Torrens, a member Of the first colo
NAL ministry OF that province. The
method of dealing with land provided
for the act which was passed by the
colonial parliament in 1858. became
known as the "Torrens system" Its
purpose was to simplify all dealings
with land so as to facilitate its trans
fer or its use as a basis Of credit.
Against the present system of deal
ing with land are urged these objec-
tions: ..
1. Expense-The cost Of the alb
stract Of title and the opinion OF
counsel thereon upon every transfer
Of land and the costs Of copying and
recording the necessary paper.
2. Delay-From a week to several
months may be spent in procuring an
abstract on account of the necessity OF
examining deeds, liens, etc., Of filling
gaps In the chain Of title, and Of ne
gotiating as to defects found by the
attorney making the examination.
8. observation-disclosures often exist In
the abstract and in the opinion OF
counsel thereon. There Is a constant
danger Of loss to owners through
claims undiscoverable by any inves.
tigation.
4. The vast amount Of useless labor
expended upon the repeated examina.
ton of the same chain Of titles upor
every transaction.
s. The constantly lengthening chair
Of deeds to be examined increases the
expense. delay and insecurity.
These defects operate as per.
petual tax upon the holder Of land
and make 1t notoriously "slow'
asset.
Fixes the Ownership.
The distinctive feature of the Tor.
rens system is that instead Of regis
tering instruments as evidence Of title
it determines and fixes the ownership
Of the title to land. The state. through
q court Of competent jurisdiction
makes a public examination Of tht
title, and votes and certifies to an in
defeasible title to an estate or interes
in land. After the land is once regis
tered all past transactions need no
be further investigated, and the con.
stant examination of the title from
the crown grant down, which is neces
sary now every time the property Il
dealt with, becomes unnecessary.
To. register q title under the Torren'
system a petition is made to the cour
by the person claiming to own th'
land. The court may be one Of th'
existing courts Of the state or a cour
specially created to determine cases o.
this kind. In Massachusetts,, for ex
ample, a specially constituted lant
court, with headquarters in Boston
hears and determines Torrens case
for the state Of Massachusetts,. Th'
petition to the court Is accompanied
by an abstract showing the condition
of the title and must contain full
description of the land to be regis
tered. The names and addresses Of al
persons who may be interested in th'
land, including adjoining owners ant
occupants, must be given. In eacl
county where the system Is In fore,
the court appoints one or more exam
liners Of title. The petition with tn
accompanying papers, is referred b.
the court to this official and the ac
tual examination Of the title is mad
by him. After investigation he report
to the court whether the title Is goo,
in the applicant or not, and subject t
what encumbrances, II any. If tn
title appears to be good, a summar
is issued to all parties appearing t
have an interest in the property, an
If, after proper notice. no objection
are filed, the court determines II tn
applicant has good title and orders
certificate Of title to be issued by tn
lclerk of the court in the name Of tn
owner.
To Secure Title.
If, however, objections are flee
the procedure is the same as in &C
tions to quiet title at the present time
A certificate is issued or denied &C
cording to the facts presented.
| Following is the form of certificat
used:
State Of South Carolina,
!, County of Richland.
Date of First egistration--
Il, 1, , registrar of titles in an
for said county,, in the state afore
said, do hereby certify that
(owners name) is an owner Of an es
tate in fee simple in the followin
described land, situated in the count
of Richland and state of South Caro-
lima, to wit: (Here follows descriptio