The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-09-17
T0RREns /. .lAAD SYSTEM.
REGISTRATION OF LAND TITLES
EXPLAINED.

H'rof. George McCutchcn, Department
os Economics, University OF South
Carolina, Discusses system and
Shows How IL Slmpliacs all Deal
ings With Land so IA to Facilitate
Its Transfer or Its Use as the Ba
sis Of Credit.
The system OF registering title to
land was introduced first in the pro-
vince of South Australia by Robert II.
Torrens. member Of the first Colon
iai ministry of that province. The
method of dealing with land provided
Tor In the act which was passed by
the Colonial Parliament in 1868 be-
came known as the "Torrens system"
Its purpose was to simplify all deal
ings with land so as to facilitate its
transfer or It's use as the basis of cred
II.
Againt 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
oil land and the costs OF copying and
recording the necessary paper.
q Delay. From week to sew
eral months may be spent i'm procur-
Ing an abstract on account OF the ne
cessity of examining deeds. liens, etc.
oil filling gaps In tho chain of title.
and OF negotiating as to defects found
by the attorney making the examina-
tions.
.. Insecurity. Errors often exist
In the abstract and I'm the opinion of
counsel thereon. There is a constant
danger Of loss to owners through
claims undiscoverable by any investi-
cation.
y. The vast amount of useless la
Dor expended upon the repeated ex-
animation Of the same chain of title
upon every transaction.
8. The constantly Iengthening
chain of deeds to be examined increas-
es the expense, delay, and insecurity.
These defects operate as per-
petual tax upon the holder of land
and make Ii notoriously SLOW" as
set. IL
The distinctive feature of the Tor
rens system is that instead of regis
tering INSTRUMENTS as evidence of title
IL 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 certihes to an IN
defeasible Title to an estate or interest
In land. After the land is once reg
istered all past transactions need not
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 is
dealt with. becomes unnecessary.
How Titles arc Registered.
To register a title under the Tor
rens system n petition is made to the
court by the person claiming to own
the land. The court may be one of
the existing courts of the State or
a court especially created to determine
cases OF this kind. In Massachu-
setts, for cxa mple. a specially consti-
tuted Land Court. with headquarters
I'm Boston. hears and determines Tor
rens cases for the State of Massachu-
setts. The petition to the court is ac-
companled By an abstract showing the
condition of the title and must contain
full description of the lnad to be
registered. The names and addresses
OF all persons who may be interested
In the land, including adjoining own
ers and occupants, must be given. In
each county where the system is i'm
force the court appoints one or more
examiners OF title. The petition with
the accompanying papers is referred
ny the court To this official and the
actual examination of the title is
made 10y him. After investigation. ne
reports To the court whether the title
rs good In the applicant or not, and
subject to what cncumbrances. IL any.
III the title appears to be good, a
summary Is issued To all parties APP
pcaring to have an interest in the
property. and If. after proper notice
no objections are tllcd, the court de-
ternlines II the applicant has good
title and orders "a certificate Of title To
he issued by the clerk of the court in
the name Of the owner.
III. however. objections are filed, the
procedure Is the same AK i'm actions
To quiet title at the present time. a
certificate Is issued or denied accord
ing To the facts presented.