New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-04-23
TORRENS LAW
CHANGES LIKED
Recent Amendments Made
Lessen Title Expense,
Says Reeves.
Nv PROFESSOR ALFRED G. REEVES.
Chairman Torrens Law Committee
Real Estate Board of New York.

The "Torrens law" Of New YORK
which provides for the registration O.
title 70 real property, has Just been
amended by the Legislature in ways
wh;fh hid fair to make it, when ap-
proved by the Governor, as II rs hopeo
e1o believed II will be, come into quite
general operation in this state mat
law which is already operating sue
eessfully in several OF The American
states. enables a land owner, by regis
terius his title through court pro
,..cing, 70 avoid the necessity OF ex-
nensive denominations when the
Yropertv is subsequently, transferred,
inortesged or otherwise dealt with, and
&c utilize il as much quicker ana
more liquid asset.
The law has been on our statute
books since 1908. and, although II mas
advanced slowly thus far. yet II mas
leon used for some very important
tides and has not been by any means
q failure. . go,
property owners and lawyers ths
ttrong opposition Of some ADVERSE IN
tere,ts. the cost of initial regis'rA
tion Of title much reduced by inc
present amendments) and its eNplolIa-
tion and advertisement for purposes
for which il was never intended nave
heretofore stood In the way OF the ad,
,ancement Of the law. The ludielaI
ordinations and criticisms OF the
.tstnto and experience in Its working
have now shown 70 very many persons
who formerly opposed IL that the sys-
tsta Is for the best interests OF real
property owners. and there has been
q general effort Of those who seek the
advantages Of Torrens registration so
20 improve the law by the amendments
Nh;ch have Just passed the Legislature
as 10 make il appeal not only 20 land
owners. but 20 lenders OF money on
nrrtgago security and 70 dealers with
real property generally. Several bills
were introduced into the Legislature
for that purpose.
The resulting amendments, which Gull
minated in a compromise measure IN
Produced by the judiciary Committee OF
the Senate and the General Laws Com
naittee Of the Assembly, Will remove
technical difficulties revealed by expe-
rience and pointed out by the courts,
simplify and cheaper the procedure for
initial registration and clarity and per
feet the subsequent dealing with titles
after they have once been registered.
The procedure 20 register title IN
This state requires d preliminary apph-
cation 10 the court for an order direct
ing the registration action 20 60 FOR
ward. II is provided by the new amend
ments that no omission or defect IN
that order, or in the papers or proceed
irgs upon which II is made, shall take
away or interfere with the courts luris-
djction in the subsequent proceedings.
Thus the smooth. certain working Of
the statute. the judicial proceeding IN
der which has been recognized as con
stitutional by our highest courts, is
perfected, and difficulties which have
been suggested by the judges and which
might otherwise have arisen are
avoided. 80
The working Of the law is simplifeG
and the expense thereof reduced by
amendments enabling the preliminary
application 70 be made 70 any justice OF
the Supreme Court within the judicial
department where the property is STU
sted; authorizing an official examiner
of title to use as evidence, and base his
report upon. search or abstract issued
BY title insurance company; requiT-
ing any defendant in the proceeding 20
set forth clearly and separately in an
answer any specific objections that he
may have 10 the ofhcial examiners GER
tifcate Of title. which is 10 be used as
prima facie evidence upon application
FOR judgment, and thus focusing end
minimizing the court procedure; giving
TO an individual official examiner. who
il an attorney and counsellor al law,
the power 20 sit as referee and admin
lister oaths and examine witnesses in
the course of his investigation Of the
title. recurring the Attorney General
appearing in the case 20 act as guardian
al litem for infants and other incapaci-
tated parties 10 the proceeding; fixing
the fees of such official examiners as
are appointed by the Register or Coun-
~ Clerk or the court, and by shorten
ing the proceedings in several other
V-aNe