The sun., 1915-03-21
~ ALFRED @. REEVES,
lecturer en- Real Estate Law, New
York Law school.

lecturer On Real Estate Law, New
York Law school.
1he New York Torrens Law was
enacted IN 1908. during the admins
tratfon Of Gov Hughes. and II received
the signature OF that eminent jurist
after Ne very careful study by him. II
has not been a failure in its working
but tirne has had TO eiapse as has been
true even 90 a greater extent In most
other States where the system prevails.
for its constituttonallty 20 be settled
and for some of the vsgaries and i'm
possible pretensions OF It's overzealous
friends" to be brushed aside The con-
stitutionality OF the New York statute
has quite recently been practically
settled The dawn OF new era In ths
working of the act has thus appeared
And the careful revision OF the com
mittee OF the New York Real Estate
Poard--not entirely composed OF law
yers. but consisting OF three representa-
tives Of title companies. five other
lawyers and four practical real estate
operators-hss been accordingly done IN
an earnest endeavor to perfect tho
system and make Il more smoothly and
economically workable. II Is ropcd and
believed that the results of these labOrs
will eoon he enacted into law, through
the Boylan- -Ahern bill now IN the Lesis-
lature. as amendable TO the registration
statute.
II 10 very unfortunate that. at such
time. ono who must be recognized as a
genuine friend OF this method Of dealing
with titles as Registrar John J. Hopper
must be- should present 10 the l.ecisla-
ture Gin his Bennett-Bourke bilp pro-
posed Amendments which. II adopted,
would practically nullify all the utility
Of this beneficent statute. What he has
been trying 10 infect into the law would
throw the procedure into chaos and
make Il unconstitutional. cndelvor To-
roll up large insurance fund which
would he useless and the attempt 20
mako which would also st-i>e at the
constitutlonality OF the law. take the
work OF examining titles for registration
out of the hands NJ practical. eNper.-
enced LAWYERS aud institutions that
know how 10 do u and put IL into the
hands OF many inexperienced and i'm
different public officials. and deprive
landowners who desire TO get the benefit
of q judgment under the statute, with
out keeping their titles registered. or
the ability 10 do so
Tho hearing before tho committee ~
the Legislature on the two bills during
the past week showed that careful law
yers and practical business men and real
estate dealers desire that an is care
fully prepared features and safeguards.
which have been approved by the highest
court OF the state. shall he preserved,
that the amendments prepared as results
OF experience and embodied I'm the boN-
lan-Ahern hill shall improve it's worka-
bility and that all who are now So rap
idly coming to its support shall Ne on
couragcd to tabor In this splendid field
Of title Improvement
As the Torrens law comes into more
general opcrstion--and after the enact
ment OF the Boylan-Ahern bill it will
surely do so more rapidly-real estate
owners will appreciate 1t more and NOR"
thoroughly. They will find that its oper-
alton 10 20 take away continued expense
In dealing with titles in the future and
that II Is going TO make such dealings
much more rapid and liquid. They viii
understand. as the cour. of Appeals has
said, that II Is designed TO register good
titles and not to cure bad ones They
will come TO appreciate the facts that
fundamentally Il Is not a system Of
State insurance but a method OF "tu-
diciAl authorization OF titles, a method
Of making man secure In his owner
ship OF land because the Judgment of
competent court, effective and conclusive
as TO the whole world, has decided sui
settled that ownership. They viii not be
SO much concerned about q money in
surance OF their titles. as about the Va
lidlty OF the "tudi cial authorization" OF
those titles: and they will more and
mora rejoice In the advantages which a
reasonably cheap registration of prop
erty will hestow upon il FOR all future
dealings therein. For II Is here N he
emphasized that no very great burden,
even In the initial examination and reg
istration. will be put upon tho owner of
good title to real property after this
system has come 10 work smoothly and
effectively In this state. and that there
after the expense and time In transfer
ring or incumbering real property will
be reduced to a minimum.
The committee Of the Real Estate
Board which drew the Boylan- Ahcrn
bill. while constantly having In mind tho
legal and constitutional requirements ot
the law. have endeavorcd 10 simplify
and expedite the procedure of title regis
tration and thus decrease It's cost
In ts latest decision In the BarkAn-
thirn case. tho Court OF Appeals in of-
feet said that there are two ella sscs Of
titles which may he registered GD
Those In which no disputed question is
presented and 90 those from which
some mere cloud ~ to be removed .
that 10. where the court Is 10 decide some
disputed question Of law or fact. which
can properly be decided In a reglstra-
tion action.
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