Page:An essay on the transfer of land by registration.djvu/58

 CHAPTER VIII.

, for twenty years Examiner of Titles in Adelaide, in reply to the questions put in Lord Kimberley's circular to the several colonial governments, states as follows:—"Up to the present time (October, 1880), no difficulty whatever has occurred in carrying out the ordinary transactions in land such as transfers, mortgages, and leases; and there can be no question, as regards such transactions, the Torrens' system is a complete success, land in fact being as easily and as securely dealt with as stock in the funds."

"As to trusts, it appears to me that the question is. Do we by virtue of the machinery of the Real Property Act place cestui que trusts of land in a worse position than they are placed under the ordinary system? In my opinion cestui que trusts of land under that Act are, if anything, in a better position. The power of caveating, whether by the Registrar-General or others in their behalf, is ample, and, in addition, the words 'no survivorship' in a certificate of title issued to two or more persons as trustees has been found a most valuable protection to beneficiaries. As to indefeasibility of title, this important result of the Torrens' system of registration of titles has not yet been upset."

The Registrar-General of Queensland replies:—"About 15 per cent, of the lands alienated from the Crown before