Correspondence large sums of money to buy their peace through purchase of quit claim
deeds. A policy of title insurance affords little or no protection to the property owner when it is loaded down with
"Exceptions in Schedule B” and made subject
to
“Conditions”
printed
on
the back of the policy, so that it merely insures trouble and law suits. That the old title insurance companies are not infallible is well illustrated by the fact that this suit of Bradley v. Crane was
275
a number of weeks in a newspaper
designated by the Court, and this serves as a notice to all the world and cuts off all those who do not intervene and succeed in establishing any right or interest in the premises. Furthermore, in accordance with Article 12 of the Real Property Law, when all the pre liminaries have been completed, and application is made to the Court for
final judgment and decree, the facts
fought between the Title Guarantee & Trust Company on the one side and the
set forth in the Official Examiner’s certificate must be accepted by the Court as prima facie and presumptive evidence, and the burden of proof is
Lawyers Title Insurance Company on the other. The former declared that the title was bad, while the latter insisted as vigorously that it was per
upon any contestant who may come in to oppose registration of title in plaintiff. This reverses the former rule of law as to burden of proof and
fectly good and marketable. This shows the weakness, imperfection and
enables the true owner of the land to to technical and frivolous objections
uncertainty of the old system.
The only remedy is to be found in the
Torrens
System
of
Land
establish his title without being subjected
Title
Registration, which is now in full opera tion, owing to the recent decision of the United States Supreme Court, in
and compels the contestant to make out a clear case not only in his own behalf,
but also against the party seeking registration, all of which tends to dis
courage those with fictitious or fraudu
American Land Co. v. Zeiss, whereby the constitutionality of the Torrens Law was unanimously sustained, thereby removing the last possible objection on that score. Under the Torrens Law System an action is brought in the Supreme Court wherein the property owner is made plaintiff, and all mort gagees and lienors of record are made specific defendants, and in addition,
lent claims. As an illustration of how this works out, it may be mentioned that when the
to quote the words of the statute, "all
for the true owner and plaintiff, brought
other persons, having any right or in terest in, or lien upon the premises,
an action under the Torrens Law, and
affected by this action or any part thereof."
The summons and complaint
are then served upon all the defendants including the People of the State of New York, and a copy of the summons and
notice of object of action is posted upon the premises, and also published for
Kingsbridge road was widened and straightened, a small triangular gore was left and the same question arose as in the Bloomingdale road. The
title was rejected and declared bad and unmarketable by every title insurance company, but the writer, as attorney
succeeded in registering this supposedly defective title, as an absolutely inde feasible title in fee simple. This is the only way in which all of such titles can be cured. Quad erat demonstrandum. GILBERT RAY HAWES. 120 Broadway, New York April 27, 1911.
