The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-19
PREDICTS REVERSAL
OF TITLE DECISION
n. Y. Torrens League Declares
Judge Works Is Against
California Law.

The Torrens Title League OF the State
o. New York has issued a statement
commenting on a recent decision by
Judge Works in California which was
believed to threaten the validity OF Tor
rens title laws throughout the country.
The owner Of a parcel OF property sold
q right OF way on his property TO the
Pacific Light and Power Company be-
fore the Torrens law OF California be-
came effective Later he registered the
tits without mentioning the power COM
panys rights and obtained a Torrens
certificate, although his deed TO the
power company had been recorded. he
sold the property TO an innocent pur-
chaser, who also received a certificate
which neglected to mention the power
eompany's rights. The purchaser then
commenced suit against the company to
force It TO remove its poles and wires
Judge Works ruled that the right or
the power company was not affected by
the Torrens certificate because the cleo
TITO line had been built and the poles
and wires were easily visible. An APP
peal Is being taken and the Torrens
League believes that Judge Works. de-
osion will be overruled as against the
letter Of the California law and con-
trary 10 previous California decisions.
In Its statement the Torrens League
says that the neglect TO mention the
power companys rights in the Torrens
certificate is an error in registration
due to the California law which could
never happen in New York.
The league statement says: This sit
uation could not have occurred in New
York nor under the Torrens laws OF
Massachusetts, Illinois or OF the United
states Government because the facts
STATED by the petitioner would have
been investigated by the official exam
her appointed by the court or by the
registrar The official examiner under
the New York law and under all true
Iorrens statutes not only examines fully
the record title. but also makes a physi-
cal Inspection Of the premises 10 deter
mine any facts OF possession or cas-
n'ents that may be disclosed by inspec-
Ton The California case illustrates the
esnger OF departing from the established
principles OF Torrens registration which
have proved sound by the experience OF
many years in other communities
1t must be remembered, however.
mat even under the California law no
financial loss will result to the holder
" The certificate, even though the deci-
son OF Judge Works Is upheld. II Is
provided that any one injured by any
mistake or omission may receive COM
pshsatlCn from the assurance fund.
which ia a county fund.
Earl Newmire. an attorney OF Los
nneeles, reports that the decision by
sucse Works Is directly opposed TO a
nOiong by Judge Taft of the same
s'ut and Is not fnal.
The Torrens Title League has al
vys fought for the principle that New
iork should have a true Torrens law
mo That provisions foreign TO a true
Hens law should be eliminated. We
~" nave workable law, but there
SUI two amendments that should
passed in New York. One Of these Il
s,p put The county back Of the assurances
,,,'e' and the second is to eliminate the
,,nS . companies as Official examiners
NA0sf the Torrens law"