Page:An essay on the transfer of land by registration.djvu/41

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
BY REGISTRATION.
37

not be cured and made good in form, as in substance, and be found to deserve the sanction of this measure. The course, therefore, which I anticipate is this, that those who desire to avail themselves of it, and have perfectly good titles, will at once obtain a declaration in their favour, while those whose titles are open to technical defects will do what is required to cure them, and so come in time to secure the same advantage.

Mr. Jevons, in his article above referred to, denies that the costs and difficulties of conveyancing have any deterrent effect, "for if so the result would show itself in the price, and land would, owing to the expense of dealing with it, command a less price in proportion than other investments offering an equally certain return." This inference is not warranted by the premises. All the world over, but especially in the contracted area of these islands, there are conditions arising out of the ownership of land which tend to enhance its price comparatively with that of other descriptions of property. For example, the feeling of exhilaration which most men experience when treading on their own land. The social status it confers, and the agreeable occupation it affords. These compensate the yeoman and the squire for the heavy costs and uncertainties of conveyancing, as well as for the lower rate of interest than stock or railway debentures would afford him.

Again, it is affirmed that the security, cheapness, and expedition afforded by registration of title would not have the effect of encouraging a yeoman proprietory, because forsooth, "The tendency of the land market has been and is for land to be purchased by large owners and sold by small ones. The old English yeoman and the Cumberland statesman were holders of small farms, and they have to a great extent been bought out, obviously for the reason that the money price of a small holding of land was worth more than the land itself."

That this consideration has had more or less influence in the direction indicated cannot be denied; but that the grievous