TITLE, REGISTRATION OF. A system of of ficial examination and registration of titles to real estate prevailing in England and some of the United States. The present English system is the result of agitation and experimental legis lation for upward of fifty years. The common law methods of land transfer involved great ex pense and delay for searches. etc., and no satis factory assurance of security on the passing of title. Prior to the legislation hereinafter men tioned, the practice in England was for a vendor to give a purchaser of land what was called a 'sixty years title,' that is, an abstract of his chain of title for a period of sixty years last past. A search made for a purchaser was not used again upon another sale, except possibly by way of comparison. and the enormous expense at tendant upon the transfer of land was prohibitive of the conveyance of small tracts, and thus tend ed to keep lands in the hands of a few. The first act in England providing for registration of titles was passed in 1862. An immense amount of property was registered under this act. It was superseded in 1875 by a Land Transfer Act, which was designed to 'simplify titles and facili tate the transfer of land.' The act provided for the establishment of a Registry Office, to be in charge of an officer known as the Registrar, who was required to be a barrister of at least ten years' standing. Under its provisions any owner or person having power to sell land may apply to the Registrar to be registered as having an absolute o• possessory title. If a purchaser ap plies for registration, the vendor must consent thereto. The Registrar is required to examine into the title, and the vendor may be required to establish his title by a prima facie case before the Registrar is obliged to pass on the validity of the title. Due notice of a hearing before the Registrar must be given to persons who have lodged 'cautions.' o• notices of claim to the land, with the Registrar. The latter can compel the production of deeds and other documents to aid him in his determination. The land register should show all incumbrances on registered free hold property. Provision is made for indemnity
for loss sustained through error in registration. A person registering property is given a cer tificate of that fact. and a purchaser is entitled to a land certificate. A proposed act for corn milsory registration, introduced in 1895. was de feated. An important amendment to the act of 1875 was passed in 1897. One of its most im portant provisions is for the establishment of a 'real representative' of a deceased owner of real estate. The language of the act explains clearly this innovation: "Where real estate is vested in any person without a right in any other person to take by survivorship it shall, on his death, notwithstanding any testamentary disposition, devolve to and become vested in his personal representative or representatives from time to time as if it were a chattel real vesting in them or him." Another provision is for the adminis tration of real estate as if it were personalty— the personal representative carries out the wishes of the testator subject to any claims against the estate, and this simplifies the system of registra tion. The English system is not yet perfect and titles are not as freely transferred there as in the United States.
Several of the United States have registration acts somewhat resembling the Torrens system (q.v.). Massachusetts has established a system under which two judges conduct hearings to es tablish title, and on being convinced that a per son has a valid fee-simple title, they may con firm the title and order its registration. Many of the English colonies have registration systems. Germany has a peculiar system under which a sort of ledger account of a title is kept. Most of the United States have systems for recording deeds and other instruments affecting real estate. A record of a deed or ineumbrance serves merely to give constructive notice of its existence to the public, and does not involve any public guaranty as to the title. Consult: Morris, I Summary of the of Land and Mortgage Registration; Morris, Registration of Titles.