Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-06-06
Misesllansu,ls Reaains.
ToRRENs SYSTEM EXPLAINED
How Il Proposes to Relieve Land
Transfers of Heavy Burden.

How II Proposes to Relieve Land
Transfers Of Heavy Burden.
BY Hon. Walter E. Daniel.
For the purpose of this article 1t Is
unnecessary to trace the origin Of the
Torrens system or to write its history
or tell its success in other countries OF
states. It is practical progressive leg
islation which can be made great
blessing to North Carolina,
/ The Torrens system, as enacted In
Ito law in North Carolina simply pro-
lvides for the assurance of guaranty OF
La title and its registration in the Of
flee Of the records in the county In
(which the land Is located. The pas
sage Of such a measure was urged by
1.-THE three most influential organiza-
tions Of our state, the Farmers Union,
the Bankers association. and the Bar
associatioh. at.l l-,f.e. "rG
| At the meeting of the last named
lbody at Moorehead City last July, Its
president, Hon. Francis d. Winston,
In his address, referring to the pro-
posed legislation submitted by COM
mittee appointed for that purpose,
fused this language a., 3..ags .t
Throughout the state, there is a
strong demand for the adoption of a
system that will make more secure our
land titles and make the transfer OF
land less cumbersome and expensive.
The ordinary mind considers that a
mote for q million dollars can be as
Isigned without cost. The ordinary
mind inquiries why should there be a
great cost in passing title to half an
lacre Of land?"
THAT is the heart of the system. Its
purpose primarily is to make the title
secure; afterwards, to provide for
cheap transfers. Unfortunately when
Iany system is changed, it Is necessary
that there be many pages to set out
| the methods of the new system; In
other words, to tell how to do it. For
| this reason, the law Is Of some length,
and to many apparently cumbersome.
However, this really is not the fact.
Naturally this Is the next question,
This Is done by special proceeding
prosecuted in the courts. To the aver
| age mind, the term, special proceed
| Ing" may appear to be rather formi-
dable. But not 30 under our system
OF practicing law, there are two kinds
Of manifestations and special pro-
ceedings. The first Is brought to the
| term OF court and tried at q term. Spe-
cial" proceedings can be brought any
day in the year except Sundays before
| the clerk Of court, and his office Is al
ways open.
The summons is issued against ev-
cry one whose land joins the tract OF
land, the title of which is sought to be
Guaranteed and assured, and the pro-
seedlings Is really against all the
world.
The petition Is filed containing a de-
scription Of tn land, with plot, cor
ners are marked by permanent mark
ers; the petition must show the title,
and all interests, liens, equities, claims
adverse or otherwise, vested or contin-
gent.
The addresses of all persons inter-
ested, including adjoining owners and
occupants must be given.
This summons is served upon all
upon whom service can be made by
the sheriff.
II the metes and bounds cannot be
given, the clerk may order prelimi-
nary survey.
If there are no disputes about your
lines or title, those made parties or
defendants may file a disclaimer, that
Is, they may come into court and say
that they have no interest in the land
Of the party seeking to guarantee his
title
II there are those upon whom sum-
mons cannot be served, the summons
is published as now required by law,
but the publication goes farther. 1t
gives notice: ITO whom 1t may con-
Germ" Publication Is made in every
case. ,.. .: ......
OF course IL there are disputed facts
or lines, then the proceeding is trans
ferred to the superior court to term
md tried by jury Of ones peers upo
demand of any party to the proceed
ing.
After the examiner of titles shall
make his report, the matter having
been referred to him, judgment is
entered declaring the land entitled to
registration and quieting the title, and
it is forever binding and conclusive
upon and against all persons including
the state Of North Carolina whether
mentioned by name In the publication
or included under general description,
ITO whom it may concern"
The decree Is then registered in a
book called Registration Of Titles" )"
and a certificate Is issued to the own
er.
These forms and short methods Of
transfers can be found In the acts as
passed, and blanks will be prepared
for every step of the proceeding un-
der the direction Of the attorney gen.
eral.
AS to the matter of conducting a
special proceeding 1t Is don every
day by lawyers all over North Carolina
in the dividing Of land, or selling land
to make assets-and these proceed
ings are the simplest branches Of the
practice Of the law.
The next question Is as to the cost.
1t must be understood that here is
some cost necessarily attached to such
a proceeding. The advantage is that
you pay the cost once for all If the
system becomes in general use. The
great method Of the method Is that
your title is forever guaranteed and
assured. There Is no going behind
that fact and finding.
Under present conditions when man
desires to either borrow or sell,
the lender or buyer requires the title
to be examined.
1t is generally claimed that the legal
profession is opposed to this kind Of
ha thtnlr