TITLE, REGISTRATION OF, in England, is a modern experiment, set on foot afterlong continued opposition, and still frowned on by the solicitors, who conceive that its opera tion will be to reduce their emoluments. Owing to the total want which had always existed of a register for deeds or writs connected with the transfer of land, except in the counties of Middlesex and York, the complexity and uncertainty attending the opera tions of conveyancing had long been the opprobrium of English law, and the mercantile classes at last called for a remedy by which an acre of land might be sold with the same expedition and certainty as bank stock. Under the system referred to, so far from expedition being a feature of conveyancing, delay, expense, and insecurity were the chief characteristics. It was till 1874 the inveterate practice for a purchaser of land to demand, and for the vendor to give, what is called a sixty years' title—i.e., he must show the successive owners for sixty, and since 1874 for forty years previous to the sale, and all that these owners did in connection with it. This created great expense and delay. But if the property were sold next mouth, or next day, precisely the same process had to be repeated between the new purchaser and his vendor, for what might have been done between other parties previously was not binding, nor was it safely to be acted on by their successors in the property. These evils called loudly for some remedy, and of late years all the legal reformers have been busy with projects to provide some relief. An important impetus was given to reform by the passing of the Irish incumbered estates act in 1848, the object of which was to break up and compel a sale of the deeply incumbered estates of Ireland. In 1854 a similar statute was applied to the estates of the West India islands. In 1862 two acts passed for establishing in England a land registry, 25 and 26 Vict. 53, 67, for registering indefeasible titles, but they were confined to good marketable titles. Land of the value of about 46,000,000 had been registered under those acts of 1862, when a more elaborate scheme was prepared by the land trans fer act, 1875, .38 and 39 Vict. 87, which greatly amplified and matured the previous. efforts in the same direction. The office of land registry is conducted by a registrar, appointed by the lord chancellor, who must be a barrister of ten years' standing. He has assistants and clerks. The office has a seal and various forms to be used in connection. with the business. The fees are all fixed by the lord chancellor and the treasury, and these are paid by means of stamps. Power is also given by the act to create hereafter district registries. And it is provided that any land situated in Middlesex and York
shire, two counties which already had land registries, should, if registered under the new act, be exempt from the jurisdiction under the local acts, it being contemplated that the general law now established will gradually supersede the former local machinery.
Under the land transfer act, 1875, any person who has contracted to buy freehold land, or.any owner or any person having power to sell it, may apply to the registrar to be registered, with an absolute title or with a possessory title only. In case of a pur chaser applying the vendor must consent. The registrar must approve of the title sub mitted, and in case of a sale the vendor and his solicitor must make an affidavit that they have produced all the deeds, wills, instruments of title, and all charges and incumbran ces affecting the title, as well as all facts material. The registrar can also compel third parties to produce deeds relating to the land. If doubtful questions as to law or fact arise in reference to it, the registrar may refer a case. for the opinion of the high court of justice; and that opinion will be conclusive, because all parties having any possible in terest are fully heard by the court. The freehold absolute title will show all incumbran ces on such land, and other rights which the act declares not to be incumbrances. The possessory title does not prejudice the enforcement of adverse rights which exist at the time of registration, but in other respects it has the same effect as the absolute title. Leasehold lands may also be registered, and they are registered in a separate register. When once the title is registered no adverse title will acquire any advantage by length of possession. The registered proprietor can by a simple form charge or burden the land with a payment of a sum of money at an appointed time. When the registered land is sold the transferee's name is entered on the register, and a land certificate given to him. Any person claiming on adverse interest may lodge a caution having the effect of entitling him to notice of all future dealings Isith the property if registered, or he may lodge a like caution against the land being registered at all. No notice of a trust is to be entered on the register, and a trustee selling land may authorize the purchaser to be registered as the first proprietor. The land transfer act is not compulsory, but it was expected that it would gradually become generally accepted when the simplicity it. secured for titles came to be better known.