LAND LAWS AND TEANSFER 187 



can only be acquired by registration ; all charges on real 

 property are invalid, until they are registered in the 

 ' Grundbuch,' or Land Register, of the commune, arron- 

 dissement, or other territorial unit. No property acquired 

 by will or inheritance can be alienated or charged until the 

 new owner registers his title, and for this purpose he pro- 

 duces an official certificate of probate. Persons in pos- 

 session of land when the Act came into operation were 

 required to register their titles on the ' Grundbiicher ' of 

 their districts. Mere possession for forty-four years, or 

 possessory titles of ten years' duration, with 'prima fade 

 evidence that such had a legal commencement, were 

 accepted ; lesser titles required stricter proof. Like the 

 Torrens Act, the Prussian law provides an insurance 

 fund. 



The foundation was already laid in Prussia for the 

 introduction of registration, and in Australia titles were 

 scarcely old enough to be complicated : but although some 

 additional difficulties impede the establishment of this 

 system in this country, the titles which are to be regis- 

 tered here will, if entails are abolished, be simpler than in 

 Prussia or Australia. Lord Halsbury's Bill, though in 

 some points it necessarily creates dissatisfaction, makes 

 the first attempt to simplify land transfer which offers real 

 prospects of success. To be placed on the register little 

 more is probably required than guaranteed titles. The 

 gradual establishment of the system may be necessary on 

 the score of expense, but it is an undoubted blot upon the 

 Bill, By the temporary employment of local solicitors, 

 who are generally familiar with the titles by which the 

 neighbouring land is held, the process of registration 

 might be simultaneously and inexpensively effected, 

 especially if only marketable titles are required for the 



