Page:An essay on the transfer of land by registration.djvu/24

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
20
THE TRANSFER OF LAND

ments, rights, or other interests current and affecting the land at the time. Ample space is left for the endorsement of subsequent memorials, recording the transfer or extinction of these, and the creation, transfer, or extinction of future estates or interests.

Under this method the jurisdiction of the ordinary courts of the country is left undisturbed. No special court, such as the "Estates Court, Ireland," is required, and the applicants are not subjected to the expense of putting the paraphernalia of a court of justice in motion, unless there be some adverse claim to be adjudicated upon.

That this principle of granting title to parties in undisputed possession, and showing "good holding" title in the event of non-claim after due advertisement and service of notice is practically free from risk, is proved by the all but complete immunity from error in granting indefeasible titles by the Estates Court to about one-sixth of the land of Ireland, and to over 152,000 separate titles in the colonies under the procedure above described.