The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1916-11-09
NOTES ADVANTAGES OF IT
Shows That Transfer of Real Property
Would Be Simpler, Less Expensive
And More Indefeasible Under
Australian Method.

LII is CLAIMED that land registration
law can be so framed that it will fully
comply with our constitutional require
ments as to the due process feature, and
such law could be made valid beyond
question in every particular, both as to
original registration and registration in
connection with subsequent transac-
tions, said M. G. O'Donnell in talk
on the Torrens system of real property
transfer, which he claims is simpler
and less expensive as we'll as an entirely
practicable system of real estate trans
fer. The address was made at the BAN
quet of the Kenosha Bar association
given in the Hotel haywood
Mr.. O'Donell went into the history
of the Torrens system which he said
was originated by Sir Robert Torrens
and first put into practice in South Aus
tralia where so many splendid and pro-
gressive laws have first been enacted
and tried out.
"The system never works satisfac-
torily except where it is well admins
tered said the speaker cit is the
outgrowth of demand for simpler and
less expensive methods of transfer of
real estate. -
Mr.. O'Donnell recited as the elemen-
tai principles of the system, these: First,
the recognition of but one estate in
land-that of the registered title. After
this, the creation of government certifi-
cate of title; the indefensibility of title
to land except as to matters noted in
statutes; possibility of transfer only by
entry on the governmental register;
creation of liens only by notation on
register; and the protection of unregis-
terable rights by caveats, cautions or
notices of adverse claims.
"The essential thing" said the
speaker, "to the successful administra-
tion of the law, is to make transfer
certificate when issued, conclusive. -
He then went on to show that while it
would be bad policy to let any holder
of a government register tile certificate
| lOoC OCCduSC VI UEG uISCOFC1y VI du I'LL
registered mortgage or other claim, that
the holder of the unrecognized claim
may be reimbursed for any loss by an
insurance placed upon the property
against unregistered liens. The insur-
ance, also, to be governmental matter.
The speaker went into the efforts of
different states of the United States to
! get the Torrens system into effect in
moderated form, and showed that in
many it has been successful.
Going outside of this country, he said
that il Winnipeg, Canada, an illustra-
ton Of the successful working Of the
Torrens system has been accomplished
| by keeping it simple and by administer
ing it carefully.
"The state of Ohio, he said, "seems
to have enacted the first act adopting
the Torrens system, but such act was
promptly declared unconstitutional as
not providing for sufficient notice, and
for lack of judicial proceedings.
"Illinois came next with an act
which, after amendment, was declared
constitutional. Next was Massachusetts
with an act which was sustained. Cali
! fornia followed, then came Colorado,
Oregon, and Minnesota; the acts of the
two former being declared constitu-
tional.
"The Torrens acts in this country"
said the speaker, "follow the foreign
! acts and declare that every certificate
shall be conclusive evidence of title in
all courts and places. However, all our
acts provide period of limitation
within which the decree may be at
tached, before the certificate shall be
conclusive evidence
| In relation to the United States the
speaker said it is desirable that a re-
form 'of our present system of land
transfer be effected He said also
that it is evident that some of the OBJ
jections to the Australian system can
be overcome by constitutional amend
ment.