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The Torrens System of Land Title Registration

http://www.co.clay.mn.us/depts/recorder/rectorr.htm

The Torrens system was first used in the United States in 1895 in Cook County, Illinois after the Chicago fire. Approximately 100 tax parcels are Torrens title in Clay County, Minnesota. Torrens title property is property in which the title is under the supervision of the Court. Under the supervision of the Court, the Registrar of Titles issues a Certificate of Title, which is kept in the office of the Registrar. Torrens property is legally separate and distinct from title to abstract property. The judges of the district court appoint a county Examiner of Titles to perform the judicial, administrative and legal adviser duties.

Who - Started Torrens?

The Torrens system was developed by Sir Robert Richard Torrens (1814-1884), an Australian customs officer and reformer of Australian land laws. He subsequently became a Registrar of Deeds. Sir Torrens was looking for five qualities: reliability, simplicity, low cost, speed and suitability.

What - Is Torrens?

It is a system for registration of land under which, upon the landowner's application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. With the "abstract system" an abstract is evidence of title. In the "Torrens system" the certificate of title is the title.

Where - Did the Torrens System Idea Come From?

The Torrens system was originally a ship registry system whereby each ship owner was assigned a certificate that included various information. When a vessel was sold, the seller surrendered the certificate for cancellation and a new certificate was given to the new owner.

When - Was Torrens System First Used?

In the Twelfth century Cologne (Germany) court records were chronological and regarded with high respect.

Why - Do We Have Torrens?

The purpose of the system is to simplify the transfer of real estate. The County Recorder is and/or directs the office of the Registrar of Titles. District Court, however, controls the registration of the land and directs the Registrar of Titles. An Examiner of Titles is the legal advisor to the Registrar of Titles and is appointed by the District Court.

The Rest of the Story

In 1858 Australia adopted a registration system for land based on the ship registration system. In subsequent years, England, Canada and several other counties and states in the United States adopted similar land registration systems. The Torrens system was first used in the United States in 1895 in Cook County, Illinois after the Chicago fire. In 1901 Minnesota legislature enacted a statute by which land could be registered in counties with a population of over 75,000 which included Hennepin, Ramsey and St. Louis. In 1909 the Act was amended to make the law applicable to the entire state. Twenty states have experimented with the Torrens system. Today Torrens exists in nine states: Minnesota, Massachusetts, Colorado, Georgia, Hawaii, New York, North Carolina, Ohio and Washington. Note that Illinois is not on the list. Strange.

http://www.ramsey.courts.state.mn.us/Title/abstract.htm

1. "ABSTRACT" vs. "TORRENS" LAND

Abstract land refers to parcels of land that have not been registered, or more commonly, land that is not "Torrens." Prior to the enactment of the Torrens act (now Minn. Stat. 508) in 1901, all land was abstract land. The office of the county recorder accepts all instruments for recording which affect non-Torrens land. In order to determine the status of title to abstract land, in Ramsey County, private abstract companies prepare new, or continue already existing, "abstracts of title." An abstract of title is a compilation of all of the instruments (beginning with the original grant or patent from the U.S. government) affecting the particular parcel of land under examination. The abstractor makes entries, in numerical order, of only the essential parts of each instrument shown, although sometimes the abstractor will photocopy the instrument and show it as an exhibit to the entry. In general, attorneys examine the abstract and from such an exam, issue a title opinion. Each time the title is transferred, the abstract must be continued to date and re-examined, again from the original grant or patent to the present date. Over time the abstract becomes longer, bulky and more difficult to examine.

By contrast, land which is registered or "Torrens" is governed by a specific statute, Minn. Stat. 508. One of the hallmarks of the registration proceeding is the issuance of a "certificate of title", which effectively replaces the old "abstract of title". In general, only those matters appearing on the certificate of title need to be examined. Immediately following the judicial hearing and signing of the decree of registration, the decree is filed with the registrar, who then issues a certificate of title in the name of the owner, subject only to all adjudicated encumbrances (and statutory exceptions).

Usually title to abstract land is registered under chapter 508 because of title defects disclosed by an examination of the abstract. However, developers or others often desire to eliminate the abstract in favor of having the more "user-friendly" certificate of title, as compared to the cumbersome abstract of title. Under the Torrens system, it is no longer necessary to examine, over and over again with every transaction, each instrument dating back to the U.S. government. Instead, only an examination of those matters appearing on the certificate of title must be made.

Another unique feature of the Torrens system is that all instruments are reviewed by the Torrens clerk for accuracy prior to filing, and many instruments must be certified by the examiner (or deputy examiner) before the registrar of titles may accept them for filing. See page 15 of the "Guide to the Torrens System" for a list of the type of instrument that will need prior written approval. This aspect of the Torrens system assures the accuracy of certain conveyances or other matters, such as adding a street vacation to the body of the certificate of title.

1. Victoria, British Columbia, Canada,This is not the official version.

Important Information (disclaimer and copyright information)

B.C. Reg. 490/88

O.C. 2284/88 ,Deposited December 23, 1988

Torrens system in Canada

http://www.qp.gov.bc.ca/statreg/reg/L/LandTitle/490_88.htm

Land Title Act

TORRENS SYSTEM APPLICATION REGULATION

Prescribed form of law

1 Schedule A sets out the prescribed form of law for the purposes of section 367 (2) (b) of the Land Title Act.

Schedule A

[Band Name] Torrens System Adoption Law

Short title

1 This law may be cited as the "[band name] Torrens System Adoption Law".

Interpretation

2 (1) Subject to subsection (2), the provisions of the Interpretation Act, R.S.B.C. 1996, c. 238, the Land Title Act, R.S.B.C. 1996, c. 250 and regulations made under the Land Title Act apply for the purpose of interpreting the provisions of this law.

(2) In this law:

"band" means the [band name];

"council" means "council" as defined in section 366 (1) of the Land Title Act;

"Indian land" means "Indian land" as defined in section 366 (1) of the Land Title Act;

"law" means this law or a law referred to in this law and the provisions of the Interpretation Act that apply to "regulation" as defined in section 1 of that Act apply to a law;

"Torrens system" means the "Torrens system" as defined in section 366 (1) of the Land Title Act.

Adoption of the Torrens system

3 (1) By this law the band adopts the Torrens system and makes it applicable to Indian land of the band in the manner set out in this law.

(2) Where the band is owner of Indian land in fee simple and applies under the Land Title Act for registration of an indefeasible title to all or part of that land, the Torrens system applies for the purposes of the application.

(3) The band shall not make the application referred to in subsection (2) in respect of Indian land until the band, by a law in the form set out in the Appendix, has authorized the application in respect of that Indian land.

(4) On registration of an indefeasible title to the Indian land described in the application referred to in subsection (2), the Torrens system applies to that land for all purposes.

Administration of the Torrens system

4 (1) The band appoints the Attorney General of British Columbia and all other public officers referred to in the Land Title Act to administer the Torrens system and apply it for the purposes of this law or a law referred to in the Appendix.

(2) For the purposes of subsection (1), a public officer referred to in subsection (1) has all power and authority necessary to perform a duty or exercise a power conferred on him by an enactment.

(3) The fees prescribed or established under the Land Title Act apply for the purposes of this law, are payable to the Province and section 386 of the Land Title Act applies to money paid in respect of these fees.

Amendment or repeal of this law

5 (1) The band shall give 90 days written notice to the Attorney General of British Columbia of its intention to amend or repeal this law.

(2) A notice under subsection (1) shall include a copy of the provisions by which the band proposes to amend or repeal this law.

(3) A law that amends or repeals this law shall have no effect until

(a) the 90 day period referred to in subsection (1), or

(b) a shorter period agreed upon by the Attorney General and the council of the band,

has ended.

Appendix

[Band Name] Land Title Registration Law No. [ ]

Short title

1 This law may be cited as the "[band name] Land Title Registration Law No. [ ]".

Interpretation

2 Section 1 of the [band name] Torrens System Adoption Law applies for the purposes of this law.

Authorization for registration

3 (1) The council is authorized to apply under the Land Title Act for registration of an indefeasible title to the land described in the Schedule.

(2) For the purposes of the Land Title Act, the signature of a member of the council or of another individual specified on the application form as an authorized signatory for the band constitutes sufficient authority for the registrar to receive and act on the application.

Notice of this law

4 On the making of this law,

(a) notice of the date it was made and of the date it takes effect,

(b) a copy of the law,

(d) a copy of the document by which the band intends to apply for registration of an indefeasible title

shall be forwarded to the Minister of Indian Affairs and Northern Development or a person designated by the minister for the purposes of receiving such notices.

Schedule to the [Band Name] Land Title

Registration Law No. [ ]

1 [Set out description of the Indian land covered by the application with reference to the patent supporting it.]

2 [Set out a description of the survey plan that establishes the boundaries of the land in respect of which the application is made. The description must be sufficient to incorporate the plan by reference and the survey plan referred to must

(a) conform to the standards and regulations of the Surveyor General for deposit under the Land Title Act, and

(b) be tendered to the land title office in accordance with section 67 (s) of the Land Title Act at the time the application is made unless the plan is already on deposit in the land title office.]

[Provisions of the Land Title Act, R.S.B.C. 1996, c. 250, relevant to the enactment of this regulation: section 367 (2) (b)]