This document provides an overview of Torrens land registration and its history in the United States. It discusses that Torrens land registration aims to provide a simple, secure and guaranteed system for documenting land ownership through government-maintained certificates of title. While some US states initially adopted Torrens systems in the late 19th/early 20th century to address land record issues, most states ultimately retained deeds registration systems and Torrens systems saw limited adoption in the US overall. The presentation explores the key principles and features of Torrens registration systems.
1. Property Records Industry Association
Torrens Land Registration
Carol Foglesong
Peter Rabley/Justin T Holl, Jr
Mark Monacelli
David Ewan
2. Property Records Industry Association • www.pria.us
Introduction
A year ago (March 2009) Peter Rabley
presented “Land Registries Around the
World”
Inquires followed:
I’ve heard about Torrens land registration but I
have no idea what it is!
Is it better or just different?
So, this is your educational session
3. Property Records Industry Association • www.pria.us
Introduction
They mean to be thought-provoking
So THAT’S why they do it that way!
What IF we did it differently?
Might this change my view of other
proposed changes in the industry?
Can this information help me do my job
better tomorrow?
4. Property Records Industry Association • www.pria.us
Introduction
Presentation is founded on a
whitepaper currently being drafted
titled:
“The Earthen Vessel: Land Records in
the United States”
Special thanks to Justin Holl of ILS
5. Property Records Industry Association • www.pria.us
Introduction
Peter Rabley, International Land Systems
Background & History of Torrens in the US
Mark Monacelli, St. Louis County Recorder
A Day in the Life
David Ewan, NJ Title Insurance Company
Torrens & the Title Insurance
6. Property Records Industry Association • www.pria.us
Background on Torrens
Peter Rabley
International Land Systems
7. Property Records Industry Association • www.pria.us
Background on Torrens in the
US – Why?
Government function to maintain land
records
The earliest written records from 4th
century
B.C.E. in Mesopotamia
Last two centuries legal rights and
responsibilities in real estate transactions
have become a primary concern
8. Property Records Industry Association • www.pria.us
Background on Torrens in the
US – Why?
Good land records inspire market and
public confidence
Property rights are a major engine to
economic development
Transparent property rights and processes
are essential to stable economic growth
9. Property Records Industry Association • www.pria.us
Background on Torrens –
Principles of Land Systems
RIGHTS
• Ownerships
• Leaseholds
• Servitudes
• Restrictions
• Encumbrances
• Caveats
PARTIES
• Owners
• Tenants
• Mortgagors
• Trustees
• Caveators
• Attorneys
PROPERTY
• Parcels
• Buildings
• Construction
• Apartments
10. Property Records Industry Association • www.pria.us
Background on Torrens –
Expectations of Land Systems
Simple & Understandable Procedures
Effective & Secure Documentation of Rights
Protection against Infringement of these Rights
A Public Record of these Rights so Others Know
Records Complete and Incontrovertible Proof
Convenient Methods for Transferring these Rights
Effective Procedures for Preserving the Record
11. Property Records Industry Association • www.pria.us
Background on Torrens – Early
Land Systems - US
Turf & Twig
Livery of
Seisin
Terminus
”stake and
heaps of
Stones”
12. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Land in the US
Spain in Florida and the
Southwest,
France east of the
Mississippi and north of the
Ohio River,
The Netherlands present
day New York,
England along the eastern
seaboard,
Russia extreme NW
including Alaska.
13. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Land in the US
In the original thirteen colonies a charter for the land from
the King.
William Penn received a charter from Charles II for
Pennsylvania.
The London Company received a charter to establish a
settlement that became Virginia, and the
Plymouth Company received a charter for what is present
day Maine
Pilgrims received a patent from the London Company for a
settlement in New England near Cape Cod.
14. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Land in the US
Governing Subdivisions in Virginia
based on those of England of the
time.
1634 8 Shires in Virginia
Boundaries extended Westward
Land records first office established
in early government divisions
“Conveyances of land must be registered in the
court of the county wherein they lie, or in the
general court, or they are void, as to creditors
and subsequent purchasers.” T. Jefferson
Vital and land records were
established at the county level in the
original colonies
15. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Land in the US
1787 Constitution created Federal
Government
Article X
“The powers not delegated to the United
States by the Constitution, nor prohibited by it
to the states, are reserved to the states
respectively, or to the people.”
Laws of Real Property were left to
the States.
Treaty of Paris 1783 British cede
land to the United States
Land Ordinance of 1785 & Northwest Territory Ordinance of 1787
16. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Land in the US
1812 General Land Office (GLO) in the
Department of Treasury managed the
lands in these “other” states
In 1946, the GLO was merged with the
Federal Grazing Service to create the
BLM
“253 million acres (1,023,855 km2
) or one-eighth of
the landmass of the country. BLM also manages 700
million acres (2,832,800 km2
) of subsurface mineral
estate underlying federal, state and private lands”
Establish method for organizing and
subdividing the federal land through the
public land survey system (PLSS).
17. Property Records Industry Association • www.pria.us
Background on Torrens –
Formal Systems of Land in US
Two formal systems of property
Deeds Register Systems
Title Register Systems
Deeds Registers are older than Title
Register Systems
Deeds
Name Index
Parcel Index
18. Property Records Industry Association • www.pria.us
Background on Torrens –
Deeds & Title Systems
LEGAL
RELATION
RIGHT(S)
0BJECT
LEGAL LAND
OBJECT
SUBJECT
RIGHTFUL CLAIMANT
(PERSON/ENTITY)
RELATIONSHIP BETWEEN MAN AND LAND IN DEED SYSTEM
SUBJECT
RIGHTFUL CLAIMANT
(PERSON/ENTITY)
0BJECT
LEGAL LAND
OBJECT
LEGAL
RELATION
RIGHT(S)
RELATIONSHIP BETWEEN MAN AND LAND IN TITLE SYSTEM
Source: Hansen 1995
19. Property Records Industry Association • www.pria.us
Background on Torrens –
Deeds & Title Systems
Deeds: little governmental scrutiny
Title: high degree of governmental scrutiny
Deeds: Rapid recording
Title: Slower and bureaucratic
Deeds: Burden on private sector to determine right
holders
Title: Burden on government to determine right holders
for both first registration and subsequent transactions
20. Property Records Industry Association • www.pria.us
Background on Torrens –
Deeds & Title Systems
Deeds System
Relatively minor administrative
costs
Normal administrative skills
The number of staff depends
upon number of transactions
Cost of maintaining registry is
much less for government
Rights validity is determined by
private sector
Title System
Major administrative costs
Requires highly skilled legal
specialists
Expensive
Cost of maintaining system is
borne by government
Rights validity determined by
government
21. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Title registration origins in
Germany, Austria, Switzerland.
Hanseatic League
Different use of the property
concept and organization of the
cadastre (fixed) and role of
private licensed surveyors.
23. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Government Certified Title
Appropriate Legislation
Certificate of Title (Transparent to Public)
• Ownership
• All Encumbrances
Indefeasible Title
Government Maintains Adjudicated Title for Subsequent Transactions
Parcel Based
Guarantees (Mirror, Curtain, Possibly Monetary)
Adjudication: Systematic or Sporadic
24. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
There are two different phases in a title registration system
• First registration, that is bringing a property into the title system in
the first place
• Subsequent transactions after first registration
First registration usually involves an adjudication process
• This can be administrative, or
• In a court action
25. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
First Registration – Combined Approach – Systematic and Sporadic
May be most practical economically
Trigger approach (most common) HMLR e.g.:
• transfers for value,
• mortgages,
• subdivisions resulting in three or more parcels of land,
• new condominium developments, and
• Any proceedings that result in an adjudication of titles.
Use systematic registration in certain problematic areas, sporadic in
others
26. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Guarantees
Title registration systems guarantee that the persons named as owners in
a certificate of title have an indefeasible title
They do not necessarily guarantee boundaries, but a few systems do
They do not guarantee the validity of encumbrances
Mirror guarantee: That the register reflects the current status of title
Curtain guarantee: That the current register is the sole source of title
information and that no other source need be consulted, and
Indemnity guarantee: Often government will reimburse persons suffering
loss caused by errors, omissions, or misfeasance of the Registrar under
legislatively defined conditions.
27. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Encumbrances can’t be guaranteed, because their validity
depends upon external facts
Example: Mortgage
• Could be usurious
• Truth in Lending may have been violated
• Other consumer protection may not have been followed
28. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Registered title is considered adjudicated title
Once a title is registered every transaction is scrutinized by
the registry office for its validity
This is in contrast to deeds registration where the validity of
a transaction is not determined by the registry office
The Registry office must be staffed with highly skilled
professionals
29. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Examination
The public needs access to the register in order to determine the current
status of title
Because of the “curtain guarantee” there is no need for a title search and
examination of the “chain of title”
There is no chain of title for a parcel that is registered in a title
registration system
Some jurisdictions allow direct access to view the register for a parcel of
real estate
30. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Examination
Some jurisdictions require that an application be submitted stating the
reasons for viewing the information,
All systems will provide a title report,
No title search to construct chain of title,
Attorney simply reviews the information on the certificate of title
Mortgages, liens will have to be paid at closing
These will be listed in the encumbrance section of the certificate of title
Very easy to use for attorney
Understandable to client
31. Property Records Industry Association • www.pria.us
Background on Torrens – Title
Registration Systems
Examination
Title Registration systems are often perceived as being bottlenecks in a
transaction because they require additional scrutiny
There is often a high rejection rate of documents
The registry office often requires multiple trips by parties to satisfy examiners
32. Property Records Industry Association • www.pria.us
Background on Torrens – Who
was Torrens?
Sir Robert Torrens the colonial treasurer and registrar-general for South
Australia in 1852.
He advocated for conveyancing reform
Published a Torrens bill in 1856 and as member of the House of
Assembly introduced a bill in 1857, which was adopted as law on
January 28, 1858,
His “system” can now be found in Australia, New Zealand, US, some
provinces of Canada, and some countries in the Caribbean, Asia and
Africa.
Modified Torrens – starting in late 1950’s in Kenya
Entered US through Illinois in 1897
33. Property Records Industry Association • www.pria.us
Background on Torrens – Why
the Torrens System?
“by reason of complexity the community is firmly bound
to use a solicitor,
heavy costs are thereby imposed no matter how simple
the transaction may be,
"losses and much perplexity" are occasioned to
purchasers and mortgagees by reason of the
uncertainty of title,
the time involved in the legalities of the transaction is
unsuited to the needs of a progressive community, and
the operation of this law (the English Law of Real
Property) diminishes the value of land as a secure and
convenient basis of credit.”
34. Property Records Industry Association • www.pria.us
Background on Torrens – Why
the Torrens System?
Three Key Underpinnings:
“All properties were to have one
document, a certificate of title, to
evidence ownership,
All interests in every property had to
be registered on that certificate of
title, and
The certificate of title had to be
guaranteed by the government. “
35. Property Records Industry Association • www.pria.us
Background on Torrens –
Features of the Torrens System
“Every estate in freehold is represented by a certificate of title,
Title to land is exhibited by registration,
Every certificate of title is guaranteed by the government,
Every registered proprietor named on the certificate of title can be
treated, so far as third parties are concerned, as possessing an
indefeasible title,
Any person who contemplates a dealing with a registered proprietor
must be quite sure that they are in fact dealing with that person,
Registration may correct a defect in title for bona fide purchasers,
36. Property Records Industry Association • www.pria.us
Background on Torrens –
Features of the Torrens System
The certificate of title is the place where the general public is entitled,
and expected, to look for interests affecting a property,
Knowledge, or notice, of an unregistered or outstanding interest in a
property is not considered of itself to be evidence of want of good faith,
and
No trusts may be registered on the certificate of title.”
37. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
“ That it is the sense of the delegates of the World’s Real Estate
Congress that they should do what lies in their power to call
the attention of their various State Legislatures to the
benefits of the Torrens system and recommend its adoption,
so modified as to suit to our State Constitution and laws”
‘World’s Real Property Congress’ World’s
Colombian Exposition, Chicago 1893
38. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
Used initially in US to clear problems in the record
Torrens system was instituted in Cook County 1895,
Illinois following the destruction of all public land records
in the Great Chicago Fire of 1871, and in metropolitan
Boston as a response to the poor quality of historical
land records in New England.
39. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
Enactment in California, Massachusetts, Colorado,
Minnesota, Washington, Ohio, and New York.
Initial virulent opposition by conveyancing attorneys and
title insurance companies.
Legal attacks on Constitutional grounds were common,
and successful in some instances.
At one time more than twenty states had Torrens
statutes, but most have been repealed.
40. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
Eight states currently utilize Torrens land registration
systems.
Active Torrens registration include Minnesota,
Massachusetts, Colorado, Georgia, Hawaii, North
Carolina, Ohio, and Washington.
The U.S. Territories of Puerto Rico and Guam also utilize
Torrens systems to some degree.
41. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
New York and Illinois previously utilized Torrens systems.
Suffolk County was the last New York county to have
active Torrens certificates. All certificates were to be
delivered to the County Clerk for recording on or before
January 1, 2000. From January 1997 to December 1999
adverse instruments were allowed. Voluntary
instruments were disallowed on January 1, 1997.
42. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
In Illinois the use of the Torrens system declined in the
1930s,
60 years of public records were available to private
insurance companies, who competed vigorously with the
Torrens system, and
In January 1992 the Illinois legislature began the process
of phasing it out.
43. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
44. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
45. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
46. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
47. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
48. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
49. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
50. Property Records Industry Association • www.pria.us
Background on Torrens –
History of Torrens in the US
51. Property Records Industry Association • www.pria.us
Torrens In Daily Use
Mark Monacelli
St. Louis County (MN) Recorder
52. Property Records Industry Association • www.pria.us
Torrens In Daily Use
When/why was Torrens introduced in MN
The difference between Torrens and Abstract
Title
View a Torrens Title certificate
Torrens benefits
Torrens drawbacks
53. Property Records Industry Association • www.pria.us
History of Torrens in MN
Introduced in 1901 as an alternative way
to title property
Legislation authorized three MN counties
with a population over 75,000
Hennepin, Ramsey and St. Louis
54. Property Records Industry Association • www.pria.us
From the 500’ Level
Abstract title-a quite title action, by Court
order, will provide evidence of title
Torrens system the title is registered in the
name of the owner, with legal description, and
a new source of title is created
Torrens and abstract title are separate
Torrens is an adjudicated title process
Under the jurisdiction of the District Court
55. Property Records Industry Association • www.pria.us
To Register property/boundary
Owner files an application with the Court
Examiner of Titles examines the abstract
Legal advisor to the Registrar
If boundaries are unclear may request a Registered
Property Survey
Public notice is served
Examiner cites defects, etc.
If no contest-title is issued
If contested the Court will determine ownership, etc.
56. Property Records Industry Association • www.pria.us
Certificate of Title
Transfer of ownership can only be by deed,
court order or certificate from the Examiner of
Titles
Subject to seven statutory exceptions
The Registrar issues the Certificate of Title
What if there’s a mistake?
Assurance Fund compensates for loss
$1.50 per document held by the state
Few claims
59. Property Records Industry Association • www.pria.us
Benefits…
Not subject to claims/adverse possession
Peace of mind as the boundary, etc. is set
Owners duplicate prevents fraud
Cleaner and more perfect form of title
All title information is listed on cert., title research is
easier
Fewer legal description issues
Most new developments use Torrens
System is automated
MN Chapter 508A is streamlined process/uncontested
60. Property Records Industry Association • www.pria.us
It’s not all smooth sailing…
*Mgmt. perspective*
Two title plants
Increased cost/requires more employees
Two separate job skills
Staff requires more skills and training
Cross training is more problematic
Cannot commingle operations
Microfilm, etc.
Can be confusing to the public
Can have two forms of title in a parcel
Takes more time
61. Property Records Industry Association • www.pria.us
Torrens & Title
David Ewan
New Jersey Title Insurance Company
62. Property Records Industry Association • www.pria.us
Background of Title Insurance
As discussed, deed
recording/registration has been used in
the US for hundreds of years.
As with Torrens, title insurance is a
relatively “new” development.
Title insurance only began in 1876 in
Philadelphia, PA
63. Property Records Industry Association • www.pria.us
Background of Title Insurance
Before title insurance, buyers in real
estate transactions bore sole
responsibility for ensuring the validity of
the title held by the seller.
If the title were later deemed invalid or
found to be fraudulent, the buyer lost
his investment.
64. Property Records Industry Association • www.pria.us
Background of Title Insurance
Question: Why did Abraham Lincoln wind
up living in Illinois?
Answer: Because his father (Thomas
Lincoln) was the defendant in a title claim
in Kentucky where he was born. Rather
than pay to defend against the claim, they
moved to Indiana (and then later to
Illinois).
65. Property Records Industry Association • www.pria.us
Background of Title Insurance
In 1868, Watson v. Muirhead was heard by the
Pennsylvania Supreme Court.
Muirhead (plaintiff) had lost his investment in a
real estate transaction as the result of a prior
lien on the property.
Watson (defendant), the conveyancer, had
discovered the lien prior to the sale but told
Muirhead the title was clear after Watson’s
lawyer had (incorrectly) determined that the lien
was not valid.
66. Property Records Industry Association • www.pria.us
Background of Title Insurance
The court ruled that Watson was not liable
for mistakes based on professional (the
lawyer’s) opinions.
Like Thomas Lincoln, Muirhead lost big
time.
As a result, in 1874, the Pennsylvania
legislature passed an act allowing for the
incorporation of title insurance companies.
67. Property Records Industry Association • www.pria.us
What is Title Insurance?
Title insurance originated as a contract of
indemnity that covers the insured person
against loss or damage arising out of
existing title defects or encumbrances
other than those specifically excepted.
Modern extended coverage policies also
include protection for certain post-closing
events, such as forgery.
68. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
If the Torrens System says the State
provides assurance as to title, why
would we need title insurance?
69. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
To promote ease of transaction, the Torrens
system reverses some of the property rules of
common law conveyancing.
A purchaser for value (and, in some jurisdictions, a
gratuitous transferee) obtains upon registration a
title that cannot be impugned on the ground that
the seller’s title was defective, or that the
conveyance from the seller to the purchaser was
invalid for any reason.
REGISTRATION = TITLE
70. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
The Torrens system compensates the ‘true
owner’ for the loss of his or her property right
pursuant to this rule.
Under the Torrens system, a man is to have
either his interest in the land or adequate
monetary compensation therefor.
In reality, there are gaps in the coverage
provided by the State guarantee. The gaps,
and the extent to which title insurance can
remedy them, are as follows:
71. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
Registration Gap
The Torrens System operates only upon
actual registration (not submission).
The period between acquisition of a
property right and the actual registration of
it is the “registration gap,” one of the major
problems facing the Torrens system.
72. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
First Resort or Last Resort?
Title insurance can improve upon the protection provided
by the Torrens indemnity by giving greater coverage
against risk and improved enforcement of rights.
The Torrens statutes may vary considerably in their
provisions for enforcement of remedies. In some
jurisdictions, the Torrens indemnity operates as a fund of
last resort. In these jurisdictions, claimants must first
exhaust their remedies against the person who was
responsible for the loss or who has benefited by the error
before becoming eligible for payment from the fund.
73. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
Additionally, the trend of recent legislative
change in Torrens jurisdictions has been
to restrict rather than to extend right to
indemnity.
Governments have become increasingly
unwilling to indemnify for losses caused
wholly or partly by the fraud or negligence
of agents and professionals acting for the
claimant.
74. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
With Title Insurance, the insured is
entitled to payment of the indemnity
without any necessity to bring a legal
action against the insurer or any other
person who caused the loss. (First
Resort).
75. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
Post Acquisition Risks
The extension of the modern title insurance policies to
cover post-acquisition risks makes title insurance more
attractive to holders of Torrens titles, since the principle of
immediate indefeasibility (some jurisdictions) has reduced
their security in the period following registration.
Under the rule of deferred indefeasibility (other
jurisdictions), registered owners deprived of their interest
by the registration of a forged or otherwise void instrument
were entitled to be restored to the register.
76. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
The shift from deferred to immediate
indefeasibility improves the security of
purchasers, but increases the risks that
“true owners” may be deprived of their
titles after registration through the wrongful
act of another.
In effect, immediate indefeasibility
operates to shift risk of loss from the pre-
acquisition to the post-acquisition stage.
77. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance?
Duty to Defend
Under a title insurance policy, in addition
to indemnity, the insurer undertakes to
cover the costs, legal fees and expenses it
incurs in defending the insured’s title.
The costs incurred by the insurer in
defending the insured’s title do not reduce
the amount of the indemnity for loss
payable under the policy.
78. Property Records Industry Association • www.pria.us
Torrens AND Title Insurance!
Each has its strengths.
Each has its weaknesses.
The two are NOT incompatible
And actually can complement each
other.
79. Property Records Industry Association • www.pria.us
Background on Torrens – What
happened in the US?
Economies of scale are needed to realize costs savings for
Torrens systems,
Secondary use is the major benefit not initial,
Large initial volume is needed,
Private sector initially provided strong opposition and
mobilized resources to transfer the volume to the market.
There was no such lobby for Torrens,
Requires government to take liability and provide
guarantee,
80. Property Records Industry Association • www.pria.us
Background on Torrens – What
happened in the US?
Many benefits to the system are external to the person
receiving title,
State had to compete with private sector to hire and train
highly skilled staff,
Title Insurance developed quicker than State Assurance
Funds,
US is large and land recording is fragmented to the local level
3592 offices, and
Inertia. Historically deeds systems had been in place for 200
years before Torrens was introduced.
81. Property Records Industry Association • www.pria.us
Open Discussion
Questions?
Comments?
Interrogatives?
82. Property Records Industry Association
Torrens Land Registration
Carol Foglesong
carol.foglesong@occompt.com
Peter Rabley
prabley@landsystems.com
Mark Monacelli
monacellim@co.st-louis.mn.us
David Ewan
DEwan@njtic.com
Editor's Notes
Just looking at the panel, you know they have opinions, but they are here to share objective information today
Key Government function has always been to keep records regarding land and other real estate to properly assess its value and collect real estate taxes
Earliest cuneiform land records are administrative property records dealing with land, animal husbandry and personnel management
Sustain stability & economic development by registering private property rights that promotes internal confidence between its people, its commercial enterprises and its government.
Sustain stability & economic development by registering private property rights that promotes internal confidence between its people, its commercial enterprises and its government.
A Simple, Understandable Procedure for Recognizing Rights
Effective, Secure Documentation of Rights
Protection against Infringement of these Rights by Others
A Public Record of these Rights so Others Know
Records Complete and Incontrovertible Proof
Convenient Methods for Transferring these Rights
Effective Procedures for Preserving the Written Record
"The lucky new Commoner goes to his "given" acre and cuts a turf from the selected site and drops two shillings in the hole made. The High Steward then twitches him with a twig and sticks the twig in the turf, then hands it to him saying, "This turf and twig I give to thee, as free as Athelstan gave to me, and I hope a loving brother thou wilt be." The High Steward then takes the money out of the hole and the new landowner replaces the turf.“ 12th century – Athelstan King of England 924 -939
“A ceremony performed in medieval England that effected the transfer of land from one party to another.”Livery of seisin was the dominant method of transferring land in England until 1536, and it continued to be legal until
1925. “A smack on the ear!”
Terminus the god of boundaries. The stones used to mark borders were sacred to him. In February Terminalia was celebrated by the Romans. The stone or stump boundary-markers were “drenched in sacrificial blood and placed on flowers to renew its protective powers”, “Without you every field would be disputed”
Property market from Harvard Ma – private property with initials of owner.
Zero mile post in Washington DC used for as the original distance for freeways from Washington. DC itself is marked by 40 milestones that form the boundary of the District.
The exact extent of the jurisdiction of each sovereign was ill-defined and often disputed. For example, although a Dutch company was operating at and near Manhattan, the territory was also claimed by Virginia pursuant to its charter.
Figure 1: Spanish land holdings in the US 1562 (Source: National Archives II Univ. of Maryland)
England along the eastern seaboard, but claiming land that was also claimed by France,
The example of Virginia offers a fair illustration for the history of the creation of counties. In densely populated England areas were divided into tithing's (ten families), hundreds (hundred families), and shires. No tithing's were established in the colony of Virginia. Hundreds were established, but the division was purely territorial and had no reference to the number of families occupying the large unpopulated areas. Early on the administration of Virginia was divided into cities, boroughs, and hundreds, with the General Assembly of the colony convening in Jamestown. By 1634 the colony was divided into eight large shires (counties) for administrative purposes. “The names bestowed on the new shires were James City, Charles City, Elizabeth City, Henrico, Warwick River, Warrosquoick, Charles River, and Accomac. Each was divided into parishes, precincts or boroughs for the constables, and precincts or walks for surveyors of the highways”. (Bruce 1910) p. 294.
vital and land records were established at the county level in the original colonies the tradition migrated westward with the population and the creation of new states out of territories
(Jefferson 1984) p. 260.
“The recording of deeds in the United States can be traced back to 1641 in Massachusetts; in the Plymouth Colony to 1636; in Connecticut to 1639; in New Jersey to 1676, 1683, and 1698. It has been lately surmised, and perhaps proved, that the Pilgrim Fathers brought the happy idea of recording their conveyances from Holland. The first recording act in Virginia was passed in 1639…; in Pennsylvania, in 1715, by an act still in force. In New York the practice of acknowledging and recording deeds existed already under the Dutch government, and was continued by the Duke’s Laws in 1665. The Maryland registry law of 1692 was in force till 1785. In North Carolina an act of 1715 made the registry of the deed a prerequisite for passing title. All the colonies had recording laws before the Revolution, and in the new states the recorder’s office was one of the first institutions organized by the newcomers; in California, before any legal government. (PATTON ON TITLES 1957) vol. I, footnote 41, p. 11.
Northampton County Courthouse Eastville Va
It was never the intention that the states would give up their sovereignty, but a federal government was established by the Constitution in 1787 empowered to regulate interstate commerce, international dealings through treaty and other mechanisms, the common defense against international aggression, and taxation to provide for the common defense and general welfare of the United States. These principles are reflected in the sections of the Constitution setting out the powers of Congress, the President, the Federal Courts, and Article IV, that regulates the states with regard to these and other matters.
The land ordinance and NW territory allowed Congress to annex the lands outside of the original 13 states and lay the groundwork for the establishment of the other states. And as a way to begin to deal with the many claims that had been laid on land and to deal with the disputes that had arisen.
Federal Grazing Service merged with GLO to create the modern day Bureau of Land Management found now with the Department of the Interior. The BLM's stated mission is
"to sustain the health, diversity and productivity of the public lands for the use and enjoyment of present and future generations.“
Federal Grazing service was created to implement the Taylor Grazing Act which managed the leasing of public land for grazing purposes.
In a deeds system documents are recorded the. In a title system the registration of the right creates the title to the property.
It seems that he was ably helped by Hubbe a lawyer from Germany who was probably the one who told Torrens of the 600 year old system that operated in the Hanseatic towns of Germany, especially Hamburg
Does not factor in Customary Systems – but reflects a colonial/historical perspective only
It seems that he was ably helped by Hubbe a lawyer from Germany who was probably the one who told Torrens of the 600 year old system that operated in the Hanseatic towns of Germany, especially Hamburg
It seems that he was ably helped by Hubbe a lawyer from Germany who was probably the one who told Torrens of the 600 year old system that operated in the Hanseatic towns of Germany, especially Hamburg