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Torrens Land Title Registration by the Registrar. Thus all risk to the owner is eliminated and a perfect title is created, not insured. Could anything be more simple, comprehensive and satis
factory? And this in substance is the "Torrens System of Land Title Regis tra'don." Let us now trace the history of this Torrens Law, showing its operation elsewhere and how came it to be adopted in New York State, what progress has already been made and the prospects for its universal adoption in the near future.
The Torrens System of Land Title
mark, Sweden, France, Germany, Aus tria and other European countries, and also the Dominion of Canada, where according to Judge Riddell, it has been
in successful operation since the year 1860. The Torrens System has also been adopted in a number of the de pendencies of Great Britain, including British Honduras in Central America, British Guiana in South America, the Leeward Islands in the West Indies, the Island of Jamaica, and also Tobago, Trinidad and Turks Island and several others.
In the United States this system has been adopted by a number of states,
Registration was devised by Sir Robert Richard Torrens and originated in the
notably Massachusetts, Illinois, Indiana,
British Colony of South Australia in the year 1858. As Collector of Customs
states the constitutionality of the act
he became familiar with the system of transferring and mortgaging interests
has been upheld by the highest courts. One of the earliest litigations was in
in ships by registering the title thereto;
Massachusetts, where the validity of the Torrens Law was attacked by the old title insurance companies on the ground
so, when in the year 1852, he was made
Register General of the Province, his previous experience in matters of general legislation in the Legislative Council
prompted him to conceive the idea that
Colorado and California, in all of which
that it deprived individuals of their property rights without due process
to land, would render the latter more
of law and was, therefore, unconstitu tional. This question was thoroughly threshed out some ten years ago, and went to the highest court in Massa
readily transferable and would simplify the practice and reduce the cost of
well-considered opinion was rendered
conveyance.
by Judge Holmes, now on the bench
the system of registering titles to interests in ships, if extended to interests
(Torrens’ Essay on Con
veyances in South Australia.)
chusetts,
where
an
exhaustive
and
of the United States Supreme Court,
This law was thoroughly tested in
and the act was held to be in all respects
the courts of Australia and pronounced
constitutional and a. valid enactment.
constitutional.
It was first applied to
(See Tyler v. judges of C01411 of Regiszm
the Crown Lands, and was then ex tended to private lands, until now, after
tion, 175 Mass. 71.) An appeal was taken to the United
the lapse of fifty years, it has proven to be feasible and practical, and has been generally adopted, and the certifi
States Supreme Court at Washington, where on motion it was dismissed. (Tyler v. judges of Court of Registra
cates of registration are everywhere
tion, 179 U. S. 405.)
accepted as basis of mortgage loans.
may be considered a. final adjudication
From Australia the system spread to New Zealand,
New South Wales,
England, Ireland, Wales, Norway, Den
Consequently this
as no other attack has since been made
upon the law, and titles are now being registered thereunder in Massachusetts.
