New-York tribune., 1915-02-14
SUGGESTS T0RRENS
Law CHANGES
Register. Hopper Believes
His Office Should
Examine Titles.
BY JOHN J. HOPPER.
Register, Borough of Manhattan.

"Tne city authorities are IN guam
dary as 70 the best means of raising
large amount Of money, many
millions, in fact, which must be added
next year to the city budget.
at is taken for granted that every
increase in the scope of city services
means an added expense to the city
an increase in the budget.
"The Registers Office offers con-
trary example, however, and there IS
q happy combination of circumstances
which renders the present time a most
opportune one TO use the Registers
cfice to help the city in this time 81
need
"The city has expended S500,000 to
make this office a title searching once
why not use it, by amending the
present Torrens law, so that 1t Will
work and will bring in a substantial
revenue to the city and save millions
to the community? Other states are
using Torrens laws successfully, and
not one of them was as well prepared
as New York is to-day. if It will take
the matter in hand immediately.
'In 1908 a Torrens law was enacted
in this state, but the attempt was made
! to do the impossible-m public and
private title searching and reglstra-
ton. Title searching and registration
must either be a private business or
an official public business-one or the
,ther-both cannot be combined in one
law. ~
"As proof Of this there have been
Registered in this Office under the pres
ent Torrens law, which attempted TINS
impossible mixture. only thirteen titles
since 1908, and FIVE of these have been
withdrawn.
"The Real Estate Board Of New
York, recognizing the failure OF inc
present law, appointed committee 10
amend it; on this committee were rep
resentatiyes of some of the title COM
NAMES and some members OF the com
mittee which drafted the present law
! professor Alfred G.. Reeves is chairman
of the present committee. Inc com COM
n,ittee's bill (Senate No. 345, Int. 339 I
was introduced on February /, 1919,
| by Senator Boylan.
"There is no doubt that this COM
mittee gave careful consideration 10
its work. the craftsmanship of Pro-
fCssor Reeves would guarantee that,
hpt unfortunately this committee takes
The same viewpoint as the committee
did that drafted the present law. ana
ottempts TO mix public and private
business. I am sure the result Will
he another failure, as far, at least, as
advantage to the public is concerned.
"Vo other state - Massachusetts,
IIlinois-where the law is successfully
working. has followed the pain Ill
/ which this committee has tread.
{ "This Office has prepared amendments
N the present law which Will MAKE IL
workable. These amendments VIII oe
introduced in few days in the Legs
! iafure. and we ask candid comparison
/ ~ our amendments with those or the
/ Peal Estate Boards committee, 10 de-
/ tarmine which OF the two better serves
! the public interest.
an presenting these proposed amehu-
meuts I wish to say that there Is very
i;++Ie i'm them which is novel or oflglhai
n,;tb this Office. We have simply taken
.ho host features of the laws OF Massa-,
chussetts. Illinois and other states ana
/ Iarmonized them with the require IRE
ments of the New York practice we
have also incorporated several amend
ments suggested by the Real Estate
Boards committee. .,,d
"Tbe differences between our amend
ments and those of the Real 81 Estate
poard's committee are vital. we are
foIlowing the examples of other states
where the Torrens system is proving
successful. while the committee Is ~
noring the success of other states
wbere the matter is entirely omciai
and following the 1908 law OF this ms
state. which attempted to authorize tne
combination of private and onhcial ae-
tion. - .ndments
ora four and are as follows:
"First-We make the examination ol
tides official by having the eHahinel
sppointed by the Register ana appro'eu
"Second-The assurance tund Is lnsue
adeouate and affords true insurance,
"Third-we make registration perma- pih
rent and prevent titles once regis
tered from being withdrawn.
"Fourth-A change in the court pro
ceedings preliminary TO registration
70 simpl!fy and shorten them