New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-28
BY JOHN J. HOPPER,
Register, New York County.

1--WE have no plan in contemplation
for turning bad into a good title.
What we propose is that those who
have a good title should be entitled to
procure declaration of it. believe, in
point of fact, there are few titles which
are not good" Sir Robert Torrens.
The principle embodied in the SEN
tcnce quoted above, which was stated
by Sir Robert Torrens, the originator
of the Torrens system, in an essay by
him in 1882, has become an axiom IN
Torrens law discussions. Considerable
misunderstanding, however, has grown
I'D as TO what is meant by this state
ment. The same thought has been re-
stated by various writer's and, IN re-
Gently contested action, one OF the
Judges of the Court of Appeals quoted
with approval the statement made by
one of the counsel that 1.-The object
and purpose of the law are to register
good titles, not to cure bad ones" The
underlying principle here stated is un-
doubtedly sound, but to understand eX-
actly what is meant requires knowi-
edge of what is considered TO be the
difference between a good title and a
In England titles arc commonly re-
ferred to as being divided into three
classes: % Bad titles, (2) blistered or
holding titles, 90, marketable or per-
feet titles. The Torrens system was
not at any time considered as means
of giving to a man title TO something
which he did not really possess. 1t was
devised as method by which man
holding a certain definite title might
apply to the proper public official to
have that title determined and con-
firmed and certificate thereof issued
which should conclusively and exactly
state the rights of all parties in the
property affected.
"As a rule titles to real property are
good. It rarely happens that dispute
arises over property involving funda-
mental question of title. This is espe-
cially true in New York City, where
careful conveyancing coupled with
nublic records has been the rule for
many generations. 1t has been said
that all titles are theoretically defec-
, tive. This is true only in the sense
that a mans title is always subject 70
attack under the present system, and
any irregularity, although occurring IN
transactions long past, may be brought
legged defect may so insignificant that
il would be impossible to eject an
owner from possession, but at the same
time il might raise doubtful ques-
! ton and, in the absence OF judicial
decision on the point, render title
unmarketable. Such a title is not
necessarily bad title, and TO do away
with doubts regarding titles is one OF
{ the important advantages OF the Tor
rens system, which makes title con-
/ elusive and indefeasible and prevents
any question being raised as to any
matter which antedates the certificate
/ of title.
For many years form of action has
been provided By the code of civil pro-
cedure whereby title questions may be
| settled and clouds on titles removed.
I The present Torrens law contains a
I similar provision, and under the law
the court may fird in whom the title
TO the property is vested and may re-
move clouds from the title (Sectlon
/ 1907. The Torrens law, therefore, is
! broad enough to enable the court to
| iudicially determine all questions that
arise relating 20 real property, but
/ there is no law that can give man
something which he does not actually
| possess. The phrase "bad title" applies
/ TO a case where a man claims some
thing to which he has no legal right.
I For example, man might die leaving
no will and no heirs, and a stranger
might seize possession of the property.
set up a claim of title and apply to
I the court 70 have his title registered.
Such a title doubtless would be re-
jected by the court in its proper ex-
/ ercise of judicial discretion. Under
the facts stated. the title to the prop
erty would revert by escheat 20 the
state whence il originally came. twill
tend to clear the thought il it is re-
membered that originally and actually
] all titles 70 real estate originated from