The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1913-09-17

The system of registering title TO
land was introduced first IN the pro-
vince of South Austria by Robert X.
Torrens. a member of the first colonial
ministry of that province. The method
of dealing with land provided for IN
the act which was passed by the CO.
lonial parliment in 1858 became known
as the "Torrens system". It's purpose
was to simplify all dealings with land
so as to facilitate its transfer or its use
as the basis of credit.
Against the present system OF deal
ing with land are urged these oblec-
tions:
l. Expense. The cost of the ab-
stract of title and the opinion OF coun-
sci thereon upon every transfer OF land
and the costs of copying and recording
the necessary paper.
2. Delay. From a week to seVera!
months may be spent in procuring an
abstract on account of the necessity OF
examining deeds, liens, ETC., Of filing
gaps in the chain of title. and OF ne
potiating as to defects found by the
attorney making the examinations
3. Insecurity. Errors often exist ID
the abstract and in the opinion Of
council thereon. There is constant
danger of loss to owners through claims
undlscoverable BY any investigation:
4. The vast amount Of useless labor
expended upon The repeated examIna-
tion of the same chain OF title upon
every transaction.
5. The constantly lengtheniog chain
of deeds TO be examined increase the
expense, delay and insecurity.
These defects operate as a perpetual
tax upon The holder of land and ma ke
it VIGOROUSLY a "slow" asset:
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
court of competent jurisdiction,
makes a public examination OF the
title, and votes and ceruihes TO an III
defeasiple title to an estate or interest
in land. After the land is once regis
tered all past transactions need not be
further Investigated, and the constant
examination of the title from the
crown grant down, which is necessary
now every time. the property Is dealt
with, becomes unnecessary.
HOW TITLES ARE REGISTERED.
To register title under the To"rens
system petition is made to the court
by the person claiming to own tae
land. The court may be one OF the
existing courts of the state or court
specially created to determine cases OF
this kind. In Massachusetts, for exam
pie, specially constituted land court;
with headquarters in Boston, hears and
determines Torrens cases for the state
OF Massachusetts,. The 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 registered. The nrmes and
addresses of all persons who may be
interested in the land, including adloln-
ing owners and occupants. must be
given. Ia each county where the sys-
tenn is in force the court appoints one
or more examiners of title. The petit
ion with the accompanying papers IS
referred by the court toathls official
and the actual examination OF the title
is made by him. After investigation,
he reports to the court whether the
title is good in the applicant or not,
and subject, to what encumbrances, II