Land Titles

Pari passu with these developments of registration of title, con siderable improvements of detail have, during the last half cen tury, been made in the private investigation system itself—notably the shortening (in 1874) of the period of investigation on sales from 6o to 4o years and (in 1922) to 30—and the establishment (in 1882) of an ad valorem fee scale for solicitors' remuneration instead of the old system of item costs. Also, in 1926, a new scheme of a far-reaching, but highly technical, character called the "curtain" scheme came into operation, by which the titles to settled estates will ultimately be much simplified.

Scotland and Ireland.

The Scottish system is private in vestigation, assisted by a very complete and efficient registry of deeds, called the Register of Sasines. After 20 years on the register a good title is conferred, by prescription, on the grantee and accordingly the investigation made on sales is for that period only. But it is not the practice, as in England, to curtail this by contract : the full legal title for years is invariably shown. The register for the whole of Scotland (except certain royal burghs which are gradually being brought into line) is at Edin burgh and was established in 1617. The Register of Sasines is among the most complete and efficient deed registries in existence. Its distinctive features are the "minute" and the "search sheet." The former is a precis or abstract of each deed, officially made and filed: the latter is a mode of arranging these minutes, accord ing to the property affected, so that the register contains a ready made abstract of title for each estate, enabling a full investigation to be made without difficulty or delay, in the office itself. In 1906 the question of Registration of Title was mooted and a royal commission under Lord Dunedin produced a report show ing much difference of opinion on the main issue, but containing sundry suggestions which have been carried out under an act of 1924. The minimum purchaser's costs are £5: at £foo,000 they are £532 los. od. The vendor's scale is two-thirds of the pur chaser's—the latter also pays the registry fee (ranging from 5s. to £6). Fraud by suppression of deeds is unknown.

Till 1891 the system in Ireland was private investigation, as sisted (since 1708) by a deed registry in Dublin. There are

now about 300,00o titles on the register and io,000 first regis trations and 30,00o dealings registered annually. The registry is a department of the High Court. The fees are ad valorem, and average 18s. or 19s. in the Free State and los. in Northern Ireland. Unlike the deed registry, Registration of Title is admin istered to some extent locally: in Northern Ireland there are five local offices.

British Dominions and Colonies.

Registration, either of deeds or of title, is universal. Registration of Title, generally known outside the British Isles as the "Torrens system" after Sir Robert Torrens, who first successfully introduced it into South Australia in 1857, is almost universal in the Australian states and in New Zealand and has been partially adopted in Canada and elsewhere. In South Africa a mixed system prevails, conferring most of the benefits of registration of title.

The Australian states, with New Zealand, now furnish the most conspicuous examples in the British empire of the success of registration of title. But prior to the year 1857 they had only registration of deeds, and the expense, delay and confusion re sulting from the frequent dealings appear to have been a crying evil. Sir Robert Torrens, then registrar of deeds in South Aus tralia, drew up and carried an act establishing a register of title similar to the shipping register. The act rapidly became popular, and was adopted (with variations) in all the other Australian states in the years 1861, 1862 187o and 1874. Consolidating and amending acts have since been passed in most of these states. Only absolute title is registered.

As regards Canada, registration of title was introduced in Van couver island in 1861, was extended to the rest of British Colum bia in 187o, and was in 1885 adopted by Ontario, Manitoba and the North-West Territories, and in 19°3 (partially) by Nova Scotia. Only Quebec, New Brunswick and Prince Edward island retain the old English system, plus registration of deeds. The provinces which have adopted registration of title have adopted it in somewhat different forms. In British Columbia it is similar to Lord Westbury's act of 1862. The North-West Territories follow closely the Torrens acts. The Ontario act is almost a tran script of Lord Cairns's act of 1875.