Page:An essay on the transfer of land by registration.djvu/13

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

AN ESSAY


ON


THE TRANSFER OF LAND BY REGISTRATION.




CHAPTER I.

CONTRASTS THE PRINCIPAL SYSTEMS OF CONVEYANCIXG IN OPERATION IN THE UNITED KINGDOM AND ELSEWHERE.

Conveyancing by deed without registration is in operation throughout the greater part of England. In Middlesex and in Yorkshire we find a system of conveyancing by deed with registration, but without barring "the doctrine of notice." In the United States of America, in portions of the Dominion of Canada, in Ireland, and notably in Scotland, the principle of conveyancing by deed with registration, and barring "notice" (whether actual or imputed), obtains with more or less diversity in the method of its application. Conveyancing by "registration of title" has been in operation for over a century in Prussia, in Bavaria, and other European States, notably in Hamburg, where, during an experience of over 600 years, it has yielded advantages immeasurably superior to those of any other system. In England also, as applied to lands under "copyhold tenure," the same principle has been observed ever since the Norman period, though on a limited scale and encumbered with many obnoxious conditions of