New-York tribune., 1915-03-28
By JOHN J. HOPPER, Register o
Titles for New York County.

When ! took Office as Register OF
N,w York County, and incidentally as
Registrar of titles under the Iorrens
law, found two things that struck my
attention.
First found a locality index back
of 1891 not fully completed, but built
on the lot principle, so that title
searching could be done almost IN
stantly, and with little cost Second
found a Land Title Registration Bu-
reau," with two clerks with nothing TO
do. As business man and civil
engir eor, and from a long study OF tax
matters, / had become familiar ana
was impressed with the simplicity OF
the Torrens system and its great sue
cess in other communities. | therefore
studied the question to find out what
was the matter with New York, where
the conditions seemed ideal for the
establishment Of such method. hrst
studied my own oihce.
| early became impressed with the
fact that the mysteries and pitfalls
that are supposed 70 encompass land
titles, so far as the great body OF titles
is concerned, exist to-day only as nc
tions, invented by an old-tashloned and
fast disappearing class of conveyancers
and fostered by tho modern tltle-
searching companies that have taken
their place. found that to deal with
blocks was simpler than TO deal with
the entire county. | found that TO
deal with lots is simpler and more ac-
curate than TO deal with blocks, and
that there is no reason why transfer
or a mortgage cannot be charged
against the lot affected with almost
as much ease and certainty as check
| transaction can be charged against
mans bank account.
Not finding the difficulty in the office
mechanism of registering titles next
studied the Torrens law, and COM
nared il with the original Torrens law
and with the laws of Massachusetts,
Illinois and other states. and here
| found the trouble with New YORK. |
found that the New York law, while 1t
had the semblance, was not In any true
sense a Torrens system at all, out
| simply a private title company system
with a Torrens top dressing. In every
! true Torrens law the following things
are provided:
A public Office where any owner or
his attorney can make out an apphca-
ton TO have his title registered.
4 public examiner who examines the
/ title before 1t is registered Tor stated
reasonable ices that are paid INTO the
| public treasury.
An assurance fund built up by CON
( tributions from those who have tneir
titles registered, backed by the puoIic
| treasury. ,..s
4 permanent system that is designed
70 displace the old system
A court proceeding as simple ana
| STRAIGHTFORWARD as the case permitS
New York had none Of these things.
/ Instead. | found that the examiners
we're "ofFicial" only in name; that they
must be privately employed by me ap-
nIicant: that they can charge all the
traffic will bear" and that their fees
90 into the private pockets OF the eN-
| aminer. While the law nomlnally pro
/ yides that attorneys as well as title
companies can qualify, yet IN the
metropolitan counties only the title
/ companies can operate IN practice, and
the title companies except one small
company that has no plant IN New
/ York County, refused TO qualify. Sec
/ ondlv-I found that Section $50 Of the
law provides, that when a title com
many acts as examiner II must attach
It's title insurance policy TO its report,
and insure the applicant and the people
/ o. the state against loss. Thirdly
| payment into the State Assurance Fund
! was made optional b. Section i26. 50