698 AGRICULTURAL ECONOMICS 



a matter of opinion as to whether the title is good or not. The ques- 

 tion of land registration is therefore one which presents itself for 

 serious consideration by the farmer. 



225. THE TORRENS SYSTEM OF LAND TRANSFER 1 

 BY JEREMIAH W. JENKS 



No person has had occasion to sell a piece of land, large or small, 

 or to borrow money on a mortgage, in any of our states, even including 

 the newer ones, without being impressed with the difficulty and 

 expense attending our system. Why should not real estate be as 

 readily transferred as government bonds or railroad stock ? 



The Torrens system of land transfer by registration of title is a 

 system that really accomplishes, in a great measure at least, just this 

 desired result. Notice that, in a word, the system differs from our 

 own in this: We register a deed, and the deed conveys the title. In 

 the Torrens system, the title is transferred by registration; the cer- 

 tificate given, a duplicate of the one preserved in the Registrar's 

 office, is merely in law a certificate that a transfer has been made, 

 and a minute of the nature of the transfer. 



In the countries where this system has been adopted, there is no 

 compulsion regarding the registration of land owned by private 

 parties. If any landowner wishes to place his property under this 

 system, he makes formal application at the Land Transfer office, 

 declaring the nature of his title to the land in question, and depositing 

 his deeds, abstracts of title, or other evidences of title. The evidences 

 of title, together with officially certified survey or plan of the land, 

 is then submitted to a barrister and conveyancer, "examiners of 

 title," who report to the Registrar or Recorder of Titles on the follow- 

 ing points: whether the description of the parcel of land is definite 

 and clear; whether the applicant is in undisputed possession; whether 

 he appears in justice and equity entitled thereto; whether his evidence 

 of title is sufficient to protect him in a suit against him for ejectment. 

 If the applicant fails to satisfy the. examiner on any one of these 

 points, his application is at once rejected. If, however, the applicant, 

 being in possession, is able to satisfy them reasonably on all these 

 points, even though some technical flaw may appear in the title, 

 advertisement of the application is made, and notices are given to any 

 who may have an interest, that unless a caveat is filed within a certain 



1 Adapted from The Annals, II, 49-55. 



