Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-05-15
OF Interest 40 Farmers.

Two T0rrens land registration bills
were introduced at the last session Of
the Legislature, one by Senator w. IN
Daniel, of Halifax, and the other by
Representative L. p. Alfred, of John
ston. The Daniel bill embodied the
land court feature and had the back
ing of the State Bar Association and
Farmers union, while the Alfred bill
omitted the land court feature en-
tirely.
Although both bills received favora-
BILE consideration of the Senate and
House committees, it soon developed
that many members of both houses
considered the land court features in
expedient, certainly during the expert
mental atsges OF the Torrens system,
and a subcommittee of the Senate
! struck out the land court feature Of
the Daniel bill and practically adopt
ed the Alfred bill.
This elimination left the two bills
! similar in all essential features and
effect, and the bill which was finally
enacted had the warm approval of the
patrons of the two bills.
How to "Torrenize" Your Land.
To Iaymen it is no an easy matter
to explain technically the scope of
this important measure, however, in
general terms the proceeding is quite
like other special proceedings before
the clerk. Petitions are fled, sum-
mons issued and hearing before the
clerk had much like proceedings for
the sale of land for division Any
parties made defendants in tho pro-
ceedings, who find that their titles are
not involved, may before the final
hearing file statement to that effect
and be excused from further trouble
and all costs incurred by the proceed
ing.
An attorney at law is appointed ex-
aminer of titles, at a minimum fee of
SIS. and he shall carefully abstract the
title sought to be registered and re-
port thereon to the clerk within thirty
days.
If no exceptions are filed, or issues
of fact raised, the clerk then proceeds
to final judgment, and issues certif-
cate of registration to the owner, sub
ject always to the final inspection and
approval of the judge riding the dis
trict.
If issues of fact are raised, the
whole proceeding is transferred to the
Superior court to be tried by Judge
and jury, and an appeal may be had
from this court to the Supreme court.
After the owners certificate of reg
~istration is made, a transcript of the,
same shall be recorded in the Office of
the register of deeds in "a book spe-
cially prepared for the purpose, and
such certificate and record must show
in correct description the metes and
bounds of the land, description of any
and all mortgages, liens, back taxes,
etc., and when finally registered is
good against the whole world, sub
ject of course to encumbrances noted.
Infants, lunatics and others under
disability are represented by general
or special guardians, and the registra-
ton of the title is good against such.
except for fraud, mistake or collision.
The act carries In assurance fund,
however, to be sued against by any
innocent parties who may be barred
or foreclosed Of their rights. The as
surance fund is made up by taxation
in the bill of costs of LILO of 1 per cent
of the assessed valuation Of the land
registered, which goes to the state
treasurer and to be set apart as an as
surance fund.
Every safeguard is thrown around
the proceeding, for before registration
is finally had, the whole proceeding
must have the careful examination of
the clerk of the court, the county x
aminer of titles and a Superior court
Judge, to say nothing of private coun-
sci who may be employed to assist in
settling up the title.
1t is estimated that the average cost
of "torrenizing'' title will be from $50
to $40, if the proceeding is not carried
into the superior or supreme court.
Special blanks are to be prepared
by the attorney general of the State
and the several clerks of the superior
courts, and the whole proceeding when
understood will be found to be
comparatively simple and free from
complications.
Both the authors of the bill have
confidence in the ultimate
good and ~incalculable advantage
will flow from this system when
it is once taken advantage Of and put
into practical operation in this State.
News and Observer.