Show The Torrens System We are indebted to Australia for the ballot system which is being rapidly adopted by the various states in the American Amer-ican union It can be improved upon no doubt in some particulars but experience experi-ence in its use so far has demonstrated its superiority over the old systems and it will probably with some modifications be the ballot system of the future We are likely to derive from the same country an improvement in our system of establishing land titles their registration and transfer The plan in uso in Australia Aus-tralia is known as the The TOBBENS system sys-tem after the name of its originator It appears to secure that directness certainty cer-tainty and cheapness which are desirable in such transactions A sure title to land and an easy method of transfer which will prevent fraud and show the status of a piece of property at a glance will not only be a boon to real estate men but be appreciated by every property owner The system explained briefly is as follows fol-lows The state provides for a public registration of laud titles The owner or claimant applies to an officer called the Registrar of titles who holds judicial authority The applicant produces his evidences of title An examination is then made due notice being given so that all persons having any adverse claim or interest in the property may contest and if it be established that the title is clear and there are no contestants a certificate of title is issued by the registrar to the applicant ap-plicant If there are adverse claims the matter is referred to the court having jurisdiction and no certificate is issued until the case is judicially and finally determined The certificate settles the right of the party who holds it to the title Any incum brance upon the property such as mortgages mort-gages trusts etc aro noted on the document doc-ument tt A dunlicate of the certificate with its endorsements if any is retained by the registrar and bound in a book with others which becomes a public record The certificate cer-tificate when granted is final the same asa as-a decree of court as to the title and is beyond legal question No transfer can be made except by endorsement on the certificate by the registrar Everything affecting the title in any way must be so endorsed Under this system the state of the title to a piece of land can be readily ascertained ascer-tained An inspection of the certificate in the registrars office unfolds tho whole story Delays and expensive abstracts are avoided The instrument itself is simple in form and so are any conveyances convey-ances that may be made Those who are familiar with the system say that real estate under it can be transferred or given as security for loans as easily as stock in a corporation It has been adopted in all the Australian Austra-lian colonies in New Zealand and British Columbia and there is a movement on foot to introduce it in England In this country the plan has been endorsed by several noted public men and it may follow fol-low in the wake of the Australian ballot lawWhen When Utah commences its work of legislation leg-islation as a state in the Union it may be found worth while to adopt this apparently appar-ently simple and efficacious method Meanwhile some of our leading lawyers and legislators would do well to obtain further information on this subject and give it a thorough examination |