Torrens Land Title Registration
63
ting property owners or even strangers are sought out and induced by various means to allow the attorneys for said company to interpose an answer on
be offered to the property owner to have his title registered now and thus incur
their behalf in the action to register
possesses a policy of title insurance and
frequently asked what inducement can
additional expense when he already
title, although they are not named as
has no immediate intention of selling or
parties defendant and have no right or
mortgaging his property. There are several reasons why he should take out a Torrens title immediately, among
interest in the premises sought to be registered.
The act distinctly declares
that "an abutting owner merely is not a necessary party to the action,” as the
which may be mentioned the following:
Appellate Division of the Supreme Court has held unanimously. (See Duffy v. Rodriguezet al., 124 N. Y. 529.)
valuable and more saleable. There can be no dispute that an absolutely in defeasible title created by the state is superior to a policy of title insurance, loaded down with “exceptions” and
The
same
attorneys for the same
title insurance company took a position diametrically opposite to that assumed by them in the Dufi'y-Rodriguez case, when they attempted to intervene for an ignorant Italian as an abutting Property owner in the suit of Smith v.
1.
It will make his property more
“conditions."
2. As the statutory procedure in cluding posting, publication, applica tion to the court, etc., requires a period
of about two months in order to obtain
Martin et al., and by some irony of fate
registration of title, it is the part of
Set up in their proposed answer certain alleged defects of title caused by the
wisdom not to wait until the necessity arises for selling or mortgaging the
mistakes made by said company on a
property, but to so arrange in advance that the sale or mortgage may be efiected immediately, without delay, when needed. 3. Only one search of title is re
previous examination and search when
it rejected the title.
Judge Garretson,
who granted an ex parte order allowing answer to be served, promptly vacated his own order on learning the true state
Of facts, and Judge Crane thereupon Signed final judgment and decree of registration.
You, gentlemen, as honor
quired and after the judgment roll has been duly filed and the requisite facts have all been noted in the book kept by the Registrar, no mortgages,
able lawyers, know that such tactics
judgments or other liens can affect
can
the property, unless they are duly recorded in the Registrar's book, and it is a matter of a few minutes only to
never prevail against right and
justice but that they must suffer defeat in the end.’ With respect to the practical value of the Torrens System, the question is 2Subsequent to the delivery of this address an appeal was taken in Smith v. .‘llartin to the Appel late Division. Second Department. State of New York. which on the 30th day of December. 1910, handed down a unanimous decision afl‘irming the order of Judge Garretson vacating his previous order. and in the opinion we find this significant language; "He (Nicola) asks to come in and some
tlv answer which is obviously to make trouble and delay. in some interest other than his own."
surrender and cancel the first certificate and to secure the issuance by the Regis trar of a new certificate to the grantee, upon payment of a fee of $2.00. The grantee is thus relieved from paying a big fee for a new search and a new policy of insurance from some title insurance company (provided the title is not rejected on some frivolous ground) and he goes into immediate occupancy
