The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-05

happened to tho Torrcna law. b. which
the state records title TO real property,
which was placed on the sts'ut" books
u few years ago after q long campaign
IN favor Of II bv local real estate in
t,rests. will po surprised to. know that
about 100 titles have been registered
under II throughout New York State.
Alfred q. Reeves professor of real estate
law at New York Law School. tells an
Interesting story about the working OF
the law in this month issue OF the
Bulletin Of tho Real estate Board uf
New York"
m. Torrcns law has met With strou-
and persistent opposition and many hin
ORANGES In New York Roughly speaking.
there may bo said to he four reasons
for this. One of them Is undoubtedly
the conservatism of real estate interests
and the legal profession.
Another ~ due 10 tho no' eltv Of the
system and its lack Of judicial Construc
ton and explanation IN this state. \
third Is tho activity ~ those who think
their interests arc being jccpardiaed 10y
the ending OF cmolumonts for repeated
examinations of the same titles And a
fourth In the fact that the now ~ stem has
been exploited by those vino call thcn,-
selves It's friends for purposes for which
10 never could have been Intended and
advertised AS a pauaCsa for evils which
" never Wa meant to cure and cannot
affect
Therefore the progress NJ the law IN
New York has been slow and tedious.
n has not to-dat the popularity which
iis henefi"eut nature should require.
Nevertheless. - y material advance In
the method Of dealing with real propcrt S
Interests the sN-tem h. being used and
viii continue - bc used moro and more.
In tho upper part ~ tho state. where n,
has not met with any strenuous opposi.
ton, and especially Erie corrt,. II has
made important advantageous stride.
However much there may BE- ~ this
statute as II nov exists m Ner NofL thlt
should bo set aside or changed tho two
salient thing about 70 nov fdirir "st4h-
lished are that n l. both rsretitiIt Iotii
and advantsgeousI, workable
That tho law Is practically workable
has been largely proved bv tho cpacs Of
title rcEistration ,ncarly 100 In uuu,horl
that have been successfully carried
through IN this STATE. Such 70 proceed
ing has just been concluded in Kings
county whereby III" validity Of a title
| heretoior. questioned by some nr the
! titlC insurance companies and involving
at least s"oo.oo0 has beaa established
and the beneficial WORKING ~ the system
/ IN adjusting disputed boundaries has been
clearly dowonstt atod Moreover IN two
! decisions quito recently rendered uur
court of Appeals. while refusing to order
[ registration OF 'h' t-l.~ .pnp " g. wh!c.
We're held to hc defective aud not on
| Titled To- registrations. HIS t"rrt,n tho
stiuut" ~ presenting logical. practical
/ scheme Of procedure aud carefully cN-
/ pld'ncI the workings u its provisions
one Of tn" splendid features 81 the
| Torr"ns systom--a feature which realty
! interests should emphasize--is IN its sup
! plying method whereby tho owner ~
/ property may hav, his :iIlc tested and
sdjudged. even though no attack Ia bo-
/ Ing made thereon. Without this law y
| landowner whose title is questioned, how
I ever improperly or unsubstautially. mus
| often wait for n direct attncl, upon T.
! or a rejection Of 10 when h has been CON
/ tracted to bc sold before he can get mt,
I court to settle tho questions involved
Rut a registration action enables him tc
proceed dhi'mitivell tud e. rr"l i' wh
might gainsay his ownership to como n
: and successfully assert their claims o,
! have them forever barred aud eNtin-
guiSr'd
+ But tho essentials Of the system arc ~
tn" law rs IT now exists. What IS needed
for It's growth and successful use in this
stat, iu addition - pu-s q. uiyilil o., ION
/ iu the law. + hat thos" 'Nn .r. 'ut''-
. Csted In real properly shall uuitodly adj
/ NuCa.. "A more cNtcndcd use Of the Sys.
! TEN and practise that use wherever and
, whenever reasonably possible The Law,
rests on principle OF procedure which
: the state needs and souuer err later vii
resolutclv push forward 1t Requirement
that titles to the property which IL at the
base Of our economic structure shall h,
settled and mddo practically ulaSsalI
. able and then shall h" retained iu thaI
4 condition aud capable Of quick and easy
use aud manipulation The sooner tn.
real property interests OF this common
wealth recognizes the Importance ~ sucl
an advance and insist on it, application
the sooner will the stupcudous benefit,