Catoctin clarion., 1917-03-01
10RRENS SYSTEM
BENEFITS FARMERS
GUARANTEES THE VALIDITY Or
THE TITLE AFTER ITS Reg
lSTRATlON.
NAMED AFTER ORIGINATOR
was First Introduced In This Country
In 1897 and Has Been Adopted
BY Twelve States.


ers of the State are having Iheli az
tention directed by Professor +. b.
Romberger Of the Division OF Rurai
Economics of the Maryland State Cof
lege. to the fact that there Is much W
be desired in our present system OF
land title registration and transfer
Professor Bomberger in a recent aa,
dress said that our present system oi
transfer of title to land involves
constantly recurring expense LOT INC
examination of title at each transfer
that there Is an unnecessary delay al
each transfer by reason OF the heces'
sity for examination Of title In each
case, and that even the expenditure OF
time and money under our present sys'
TEN 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 Australla
in 1858 it was carried to England ID
1862; to Canada in 1S7O-'S5, and TO
the United States Un Illinois and
Massachusetts,, in 1897-lS9S. 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 ju'
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. 1t 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, a copy of the certificate OF
registration is made out by a public
official, which copy Is given to the
owner II there are more owners than
one, each receives a copy Of the GER
tifcate as evidence Of his title.
Fourth, whenever the property
changes hands thereafter, a new GER
tificate 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
the certificate and on the owners
CODY In like manner the releasing
of any incumbrance or the creation
of a new one is noted on the certifi'
cate and on the Owners Copy. Thus
at any time, a 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 a single day.
Sixth, 1t is usually required that
small fee (usually 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
dsmnity fund out of which to make
good any losses which may occur to
individuals as rssult of faulty ad'
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.
Court consisting OF two or more
Judges, may be provided to have jur.
addiction over questions arising out OF
the Registration of titles just as our
Orphans Courts have charge OF mat
ters 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 1t. In the COM
pulsory system, all titles are required
to be registered after certain date.
In the mixed system, which is most
common, those who desire may have
their land titles registered; and, in ad.
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 regntered. The in.
variable rule in all systems Is that
land once registered must always
thereafter be registered.
Professor Bomberger declared that
the Torrens' System, in practical op-
Grafton, has eliminated everyone OF
the principal defects Of our present
system of land title transfer.