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Title Registration

system, registrar, notice and register

TITLE REGISTRATION, a system of public records under which titles to real prop erty are recorded in public offices for the pur pose of expediting the process of transfer and of giving legal notice to claims of ownership to lands so entered. In England the registra tion of titles is of comparatively recent intro duction, the system being due to the land trans fer acts of 1875, under which it was first suc cessfully practised. The office of record in that country is conducted by a registrar ap pointed by the lord chancellor, who also fixes the fees for the various services of the office. These fees, paid in the form of stamps, pro vide the emoluments of office from which the registrar draws his pay. Under the act of 1875 the registrar must approve of the title sub mitted and in case of a sale the vendor must make affidavit that he has produced all the deeds, wills and other instruments of title as well as all the evidences of encumbrances on the land, in order that the registrar can make a fair entry. When once a title is registered no adverse title will acquire any advantage by length of possession, but any person claiming an adverse interest can lodge a caution of that fact and be entitled to notice of all further transactions on the property. When the regis tered land is sold the name of the transferee is entered on the register and he is issued a certificate of title. The law is not compulsory in England, but is being gradually adopted be cause of its advantages over the old system.

In the United States it early became cus tomary to register titles, mortgages and notices of transfer of interest, encumbrances, etc., in public offices, usually in the office of the county clerk of the court. This officer has no judicial or discretionary powers and is empowered only to register official copies of deeds, mortgages, agreements, etc. In place of the issuance of a certificate the clerk notes on the original or a duplicate deed that a true copy has been entered on the official register and this copy becomes legal notice of claim of title to all the world. The clerk of the court, who is a county officer in the United States, and elected, not appointed, frequently delegates this part of his work to an appointed assistant known as the registrar of deeds. Between the par ties of a conveyance the recording or non recording of the instrument is of no moment, but conveyances made after the first is re corded are void, and any conveyance not re corded is void as against a subsequent convey ance to a bona fide purchase from the person in whose favor a recorded conveyance has been executed. State regulations, however, usually govern the matter of registration in regard to its effect as constructive notice. For the "Aus tralian system" of national land registration, see TORRENS SYSTEM.