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 Torrens Land Title Registration

63

ting property owners or even strangers are sought out and induced by various means to allow the attorneys for said company to interpose an answer on

be offered to the property owner to have his title registered now and thus incur

their behalf in the action to register

possesses a policy of title insurance and

frequently asked what inducement can

additional expense when he already

title, although they are not named as

has no immediate intention of selling or

parties defendant and have no right or

mortgaging his property. There are several reasons why he should take out a Torrens title immediately, among

interest in the premises sought to be registered.

The act distinctly declares

that "an abutting owner merely is not a necessary party to the action,” as the

which may be mentioned the following:

Appellate Division of the Supreme Court has held unanimously. (See Duffy v. Rodriguezet al., 124 N. Y. 529.)

valuable and more saleable. There can be no dispute that an absolutely in defeasible title created by the state is superior to a policy of title insurance, loaded down with “exceptions” and

The

same

attorneys for the same

title insurance company took a position diametrically opposite to that assumed by them in the Duﬁ'y-Rodriguez case, when they attempted to intervene for an ignorant Italian as an abutting Property owner in the suit of Smith v.

1.

It will make his property more

“conditions."

2. As the statutory procedure in cluding posting, publication, applica tion to the court, etc., requires a period

of about two months in order to obtain

Martin et al., and by some irony of fate

registration of title, it is the part of

Set up in their proposed answer certain alleged defects of title caused by the

wisdom not to wait until the necessity arises for selling or mortgaging the

mistakes made by said company on a

property, but to so arrange in advance that the sale or mortgage may be eﬁected immediately, without delay, when needed. 3. Only one search of title is re

previous examination and search when

it rejected the title.

Judge Garretson,

who granted an ex parte order allowing answer to be served, promptly vacated his own order on learning the true state

Of facts, and Judge Crane thereupon Signed ﬁnal judgment and decree of registration.

You, gentlemen, as honor

quired and after the judgment roll has been duly ﬁled and the requisite facts have all been noted in the book kept by the Registrar, no mortgages,

able lawyers, know that such tactics

judgments or other liens can affect

can

the property, unless they are duly recorded in the Registrar's book, and it is a matter of a few minutes only to

never prevail against right and

justice but that they must suffer defeat in the end.’ With respect to the practical value of the Torrens System, the question is 2Subsequent to the delivery of this address an appeal was taken in Smith v. .‘llartin to the Appel late Division. Second Department. State of New York. which on the 30th day of December. 1910, handed down a unanimous decision aﬂ‘irming the order of Judge Garretson vacating his previous order. and in the opinion we ﬁnd this signiﬁcant language; "He (Nicola) asks to come in and some

tlv answer which is obviously to make trouble and delay. in some interest other than his own."

surrender and cancel the ﬁrst certiﬁcate and to secure the issuance by the Regis trar of a new certiﬁcate to the grantee, upon payment of a fee of $2.00. The grantee is thus relieved from paying a big fee for a new search and a new policy of insurance from some title insurance company (provided the title is not rejected on some frivolous ground) and he goes into immediate occupancy