New-York tribune., 1915-03-21

as he brings Of too much technlcaHtY
or too great regard for the constitution
in dealing with il; but they desire
that all its carefully prepared features
and safeguards, which have been ap-
proved by the highest court OF the
state, shall be preserved; that the
amendments prepared as results Oh eX-
rerience and embodied in the Boylan-
Ahern bill shall improve its workablllty
and that all who are now so rapidly
coming TO its support shall be en-
couraged to labor in this splendid helC
of title improvement
As the Torrens law comes into more
general operation-and after the enact
ment of the Boylan-Ahern bill 1t wlll
surely do so more rapidly-real estate
owners will appreciate 1t more ana
more thoroughly. They will find that
it's operation is to take away continued
expense in dealing with titles IN the
future and that it is going to make
such dealings much more rapid and
liquid. They will understand, as the
Court of Appeals. has said, that 1t IS
designed to register good tltles ana
not to cure bad ones. They will come
to appreciate the fact that funda-
mentally it is not a system OF state
insurance, but a method Of judicial
Authorization" of titles, a method o.
making A man secure IN his owner
ship OF land because the judgment OF
a competent court, effective and con-
elusive as to the whole world, has de.
cided and settled that ownership. They
will not be so much concerned-as Mr.
HOPPER is to-day about a money m
surance of their titles, as about the
validity of the judicial Authorization
of those titles; and they will more and
more rejoice in the advantages which
reasonably cheap registration OF
property will bestow upon II for all
future dealings therein. For II Is mere
to be emphasized that no very great
burden. even in the initial examination
and registration, will be put upon the
owner of good title TO real property
after this system has come to worE
smoothly and effectively in this state,
and that thereafter the expense and
time in transferring or encumberln@
real property will be reduced TO
minimum.
The committee of the real estate
board, which drew the Boylan-Ahern
bill, while constantly having in mind
the legal and constitutional require
ments of the law, has endeavored to
simplify and expedite the procedure
of tltle registration, and thus decrease
its cost.
In its latest decision in the Barken
thirn case, the Court of Appeals. in
effect, said that there are two classes
of titles which may be registered: (D
Those in which no disputed question
is presented; and (2) Those from which
some mere cloud" is 10 be removed;
that is. where the court is TO decide
some disputed question Of law or TACT
which can properly be decided IN
registration action.
The cost of registering a title be-
longing to the second class must nee
essarily depend largely upon the facts
presented in each case. Not many
titles will be found to be in this class
As TO the first class Of titles, the
usual ones, where the report Of tho
examiner will show that the appll-
cant is in possession Of land under
title which is good and marketable,
the proceeding to obtain certificate
of title will not be expensive or diff
cult. This proceeding, where the title
is free from encumbrances, may bs
outlined in brief, as follows:
1. The applicant will first obtain
from some official examiner a report
of title This can be obtained from
an individual official examiner or from
title company which has qualified
as such, or, under the proposed