The midland journal. (Rising Sun, Md.) 1885-1947, 1917-03-02
TORRENs SYSTEM
BENEFITS FARMERS
GUARANTEES THE VALIDITY OF
THE TITLE AFTER ITS REG
lSTRATloN.
NAMED AFTER ORIGINATOR
Was First Introduced In This Country
In 1897 and Has Been Adopted
BY Twelve States.

Bomberger of the Division Of Rural
Economics of the Maryland State Col
lege, to the fact that there is much to
be desired in our present system OF
land title registration and transfer.
Professor Bomberger in recent adj
dress said that our present system OF
transfer Of title to land involves
constantly recurring expense for the
examination Of title at each transfer;
that there is an unnecessary delay at
each transfer by reason Of the neces-
sity for examination of title in each
case, and that even the expenditure OF
time and money under our present sys-
tenn cannot produce a guaranteed
title.
The Torrens' System Of Land Title
Registration eliminates each one OF
these faults found to be present in
our system. This system originated
in Australia and is named after its
inventor, Sir Robert R. Torrens, an
Englishman, engaged in the Customs
Service in Australia. The system hav-
ing been adopted in South Australia
| in 1853 it was carried to England in
1862; to Canada in 1S70-'S5, and to
the United States Gin Illinois and
Massachusetts,, in 1897-1S9S. Twelve
other States of the United States have
adopted the system in recent years.
There are six important steps In
| the operation Of the Torrens' System.
First, the title is examined by jul
dicial official specially appointed to
do this work This gives to the title
examinations what they do not now
have-the stamp of official, Judicial
approval.
Second, the title having been ex-
amined and found good, it is regis
| trated in the books of the Registrar
of Land Titles. This official registra-
ton makes the validity of the title
matter of public record. Thereafter,
! it is not necessary to examine the
title behind this official registration.
In case of contest, an opportunity is
offered for judicial determination OF
| the legal rights of all claimants; but
once the questions are settled the
title is recorded and is as binding
from that date as is any other decree
of Court.
Third, copy of the certificate OF
registration is made out by public
official, which copy is given to the
owner. If there are more owners than
one, each receives copy OF the Ger
tificate as evidence Of his title.
Fourth, whenever the property
changes hands thereafter, a new GER
tifcate of title is made out in the
name of the new owner and recorded.
A copy of this certificate Is given to
the new owner as in the first instance.
Fifth, any incumbrance against the
estate existing at the time Of the
registration of the title is entered on
l>the certificate and on the owners
copy. In like manner the releasing
of any incumbrance or the creation
of a new one is noted on the certih'
cate and on the Owners Copy. Thus
at any time, q glance will show the
status of the owners title and the
expense and delay incident to our
present system are eliminated. Or
dinarily the whole matter Of examina-
ton of title and transfer Of title can
be affected in single day.
Sixth, it is usually required that
small fee CASUALLY one-tenth of one
per cent. of the value Of the land to
be registered) be charged upon the
original registration, but not after
ward. This is to accumulate an in
demnity fund out of which to make
good any losses which may occur to
individuals as a result of faulty adj
ministration of the system. Such as
surancs funds are to be regarded
purely as insurance protection.
The operation Of the system re-
quires little machinery. Clerks OF
Court or Recorders Of Deeds may be
made Registrars of Titles also. A
Court consisting of two or more
judges, may be provided to have jur'
isdiction over questions arising out OF
the Registration of titles just as our
Orphans Courts have charge Of mat
tiers testamentary; or such questions
can be carried to the regularly estab-
lished Circuit Courts of the Counties.
Examiners and Registrars can be paid
by salaries or by fees based on the
services which they perform.
The system may be voluntary, COM
pulsory or mixed. In the voluntary
system only those titles are registered
whose owners desire it. In the COM
pulsory system, all titles are required
to be registered after "a certain date.
In the mixed system, which is most
common, those who desire may have
their land titles registered; and, in adj
dition all changes of title resulting
from judicial decree Gas in foreclos-
ure of a mortgage) and titles derived
by operation of law as in case Of TAX
ing title by will or by descent, are
required to be registered. The In
variable rule in all systems is that
land once registered must always
thereafter be registered.
Professor Bomberger declared that