382
The Green Bag
of the Real Property Law, and had failed torgrasp the underlying principle of the Torrens System of Land Title Regis
tration. If a man is the record owner of any real estate, or has any right or interest in or lien upon the same, which is of record, it is absolutely impossible under the Torrens System in this state or in any other state or country to de
prive him of such ownership or lien,
create the feeling that a title cannot be set up without adequate legal notice to all interested parties. Of course, if anyone who has an unrecorded interest in property fails to make any
claim thereto, or goes away and aban dons the same, then he deserves to lose the interest which he might have pre
served by proper precaution. Furthermore, the Act itself has pro vided for all such exigencies, by per
no matter how many months or how many years he may remain in Europe, as the law distinctly provides that the Official Examiners’ Certificate must clearly set forth all instruments of records and preserve the interest of all
interest in or lien upon any real property to file a “caution," after which no title can be registered except upon personal notice to such person. The section
parties, whether by way of deed, mort
reads as follows:
gage, judgment, easement, encroach ment, etc., all of which are duly set
forth in the “Memorials” on the back of the certificate of registration.
The
only people who can be affected ad versely through publication of notice, etc., are those designated in the act as “All other persons, having any right or interest in, or lien upon the premises
affected by this action, or any portion thereof." You will notice the phrase ology of “all other persons," which is merely intended to include those who
may have some intangible, inchoate or indefinite right or interest in the prem ises, which is not of record, and which could not be discovered by a search of the title. This merely smokes out all
mitting the claimant of any right or
Section 883. — “FILING or CAUTION. Any person claiming to have any right of interest in or lien upon any real property or any part thereof, may file with the registrar a written notice, to be styled a ‘caution,' that he requires written notice to be given to him of any appli cation for the registration of the title of said real property. In such notice he shall show how he claims title, right, interest or lien, and shall give his own post office address, and that of a person (who may be himself or not), upon whom the notice may be served. In case of any application to register said title, service of such notice shall be made within ten days after the application is filed, by mailing said notice securely enclosed in a postpaid wrapper and directed to the person indicated at the place named.
A like cautionary notice may be re
by the action are fully protected. If the decision of the United States Su preme Court in American Land Company
quired by the owner of any land, as to the regis tration of the title of any or all of the land, abutting upon his land, with the like pro ceedings in all respects. There shall be kept by the registrar a locality index of the cautionary notices, in which the same shall be indexed under the name of the street or road upon which the property referred to in the notice abuts, or if it abuts upon none, under the name of the street or road which is nearest to it. In any place. however, where there is a land map giving sec tions and dividing the property into blocks, the index shall be made by section and block numbers and as far as convenient, by the lot numbers."
vs. Zeiss (219 U. S. 47) is read with care, it should increase, rather than decrease public confidence and tend to
From the above you will see that what we need is not changes in the Torrens
those individuals who seek to blackmail the true owner of property by falsely
claiming an interest which they do not possess.
But all parties who have any
honest and legitimate right or interest in or lien upon the premises affected
