The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1915-12-29
TOrrensward.

(From the Wall Street Journal.)
A twelfth State, Nebraska, has
adopted the Torrens system of land
title registration, and by an over
whelming majority, a thirteenth,
Pennsylvania, has just passed a Tor
rens amendment to it's constitution.
Importance in this fact lies not so
much i'm the acceptance Of a plan for
land conveyancing that passes for new,
and revolutionarily so, although it is
almost 60 years old, and based upon an
idea centuries older, but in that, after
twenty years of criticism such as few
reforms have had to pass through, two
sovereign States have found fit to
adopt such a system. This alone is
large answer to the objections that
have been brought against the sys-
tenn. And it is to be noticed that no
State. however much opposition and
interested control over the law may
have nullihed it's operation and sue
cess. has finally abrogated the law
when once passed.
In Virginia, Maryland, Louisiana
and other Commonwealths there is
active effort tending toward Torrens
legislation. Opposition comes from
patiently interested parties and finan-
cial institutions and from sections of
the legal profession welded to ritual
and to routine, conservative to the
danger point, delighting in the scare
crows of antique procedure and fear
ing that the flesh-pots of conveyancing
may be taken from them.
II the Torrens law has achieved ono
paramount success it has been in its
triumphant progress through Courts
'attcst!ng its constitutlouality rs say
the commissioners on uniform state
laws: Few members of the Ameri-
can Bar have taken the time to study
the provisions and operations of Land
RegistratiC. Acts" and Every Act
bears on its face the scars Of desperate
conflict. 1t is doubtful whether any
legislation has ever been assailed with
more bitterness or greater persistency
than this: and, unfortunately, it's an
tagonists have generally succeeded in
marring the Act even when they have
been unable to defeat it," The state
ment that 1t is local law is an
swered by the uniform law just draft
ed by these commissioners. This can
take it's place with the Bills of Lading
Act. the Certificate of Stock Act, the
Negotiable Instruments Act and other
titles of personal property.
For sixty years dire prophecies have
been made. 1t has been predicted
that i'm Torrens procedure assurance
did not assure that the State could
not guarantee indefensible possession
of land and that terrific consequences
would follow the adoption of such a
law. "In point of fact, in the practi-
cal operation of land registration, mono
of the terrible predictions of its oppo-
nents has been verified"
TOrrens laws arc making perma-
nent progress despite frcnzicd efforts
at estoppcl or notification. Reasons
for this advance arc manifold. Tor
rens procedure means security, cheap
ness, common sense dealings, ulti-
mate reduction of the overweeninS
charges for cOnveyancing. through
lawyCys or companies. 1t means State
guarantee. 1t appeals to the business
sense of the community by it's speed
and simplicity. 1t will make land az
rapidly negotiable as any other asset.
II will reduce interest charges on tht
realty of the poor man. And, as said
of it by Lord Chief Justice Colcridgc
of Great Britain; The man who
denies the practicability of applying
! il might as well deny that two and
two make four"