Registration of Title to Land

Abstract

Registration of title is something more than what is ordinarily meant by registration or recording-the entry in a public office. Both in the British Empire and in the United States of America registration of title is regarded as a system of conveyancing which is intended to supersede the ordinary method of conveyance by execution of a deed only. Herein registration of title differs from ordinary deed registration, for in the latter the mere act of recording the assurance does not pass the property but only makes the grantee more secure. It also differs from the registration of a mere judicial declaration of title, for the latter is only the record of the fact that the person affected has a good title to his land. In addition to being thus distinguished from deed registration and judicial declaration of title, an essential feature of registration of title as generally understood is that the complete property in the land should pass-and pass onlyon registration being effected; this is usually referred to as state warranty of title. The typical form of registration of title is to be found in the Torrens system, though there are other systems that have grown up independently of this, and of the Torrens system itself there are many varieties, both in Australia-its original homeand in territories where it has served as a model for local systems. How does registration of title stand as a system among other systems of conveyancing and registration? What are the important points on which the various systems of registration of title differ among themselves? What would be an ideal system, and what prospect is there of its realization ? It is proposed to give some answer to each of these questions.