The Press. THURSDAY, NOVEMBER 29, 1894. THE LAND TRANSFER SYSTEM.

Press, Volume LI, Issue 8963, 29 November 1894, Page 4

The Press. THURSDAY, NOVEMBER 29, 1894. THE LAND TRANSFER SYSTEM.

Mr. Bell introduced into the House during the late session a Bill to amend the Property Law Consolidation Act by providing further and amended powers and covenants to be implied in deeds, with the very proper object) of diminishing their length. This Bill perished like "many others in the slaughter of innocents. Ib had a good objecVand we have no doubc that it was scr framed as to be capable of attaining that object. But we understand that in practice many lawyers, especially those of ihe more needy ami ignorant types, make no use of these implied provisions, and make cbeir documents as lengthy aud

Droiii ami Bis 18 no doubc

either because they are gteedy, and want to justify their own excessive charges, or else because they are ignorant, and think no deed can be effective unless in is long and proej* It is & pity, therefore, that the use of these Bliort forme .provided by Statute cannot be made compulsory npon the profession, or at any rate that they cannot be debarred from charging for long forms when abort" statutory ones axe available.

But this leads as to the consideration whether after ail it is desirable to legislate so as to simplify the old system of conveyancing and whether it ia wise to lessen the advantages which the land transfer system has over the old one. Last session or the .session before that—we forget which—the Government: introduced a Bill to compel all the land iti the colony to be dealt with under the Land Transfer Acts. But the Bill was killed in the Council, chiefly because as in all the measures of the present Government , there was no much of coercionrand compulsion about it. The advantages of the land transfer system to the landholder are- so many and

so obvious that they do not need to be pointed out. It is only the question of expense which prevents everybody from bringing their land under the Act. It would be some consider able advantage to the State too if all the laud of the colony were brought under it. The L*ud and Dcxnta Department could theu be eu»• btantially reduced before 1 »ug and for the purposes of statistics, and o'herwije it would be a great couveuienue if there were only the ouesysietn. lc would eeenx too that this end could be iv great measure attained without imposing upon the landowner miy burden which he does not care to undertake and without introducing the element of compulsion to any alarming extent. The Land Transfer system offers two classes of advantage u> the owner whose land is under its operation. The first 13 the Government guarantee of title. The second is the great facility and simplicity of dealing with the land after "it is under the Act, It is clear that the Government guarantee cannot be given until the title has been exhaustively examined, until notices to all possible objectors have been given, and until the accuracy of the boundaries of the laud has been determined, for which purpose re-survey ie often necessary. It is obvious tliac all this 1 takes time and involves a good deal of expense; and, moreover, hat there must be some titles which, though they may ucver in reality be disputed, are yet uot in such a condition that they can safely be guaranteed. To enact, therefore, that all land must be brought under the Act in the ordinary way would put upon the owners of land not under the Act a very heavy burden, and would in mauy cases teud to invalidate titles by laying bare their defects aud inviting adverse claims. We do not think that auy good to be obtained would justify such legislation. But we do UOD see why the other advantages of the laud transfer system, viz, facility aud simplicity of dealing uhould not be extended to all lands. Why should nob legislation be passed providing for all landowners to exchange their preeenb title deeds for a certificate of title on which shall be noted all leases, mortgages or other incurabrances. These certificates should form a eeparato register from those relating to land which has bean regularly brought under the Act, aud should bear on the face of them a> statement that the Government is not responsible for the title. But otherwise they would be dealt with iv exactly the same way and by the same forma as if under the Act. Many a map in Canterbury has had paiuful experience when leasing or mortgaging a farm , which isfpartly uuierani partly not under the Transfer Act of the great expense and delay occasioned to him ty the fact that the traueaction cannot be given effect 10 without two sets of documents—the one simple aiid easily prepared, relating to land under the Act, tho other cumbrous and old fashioned, relating to the lands uofc under ic. He cau ouly obviate this double expense by bringing all his land under the Act. But this takes time, and occasions delay and considerable expense. This case of such a man would be met by such legislation as we have suggested. All his land could then be dealt with by one lease or mortgage, and this without the expense of briuging it undur the Act. Whenever he wants a guaranteed title he can get it on paying the needful fees, and having his title examined and passed. This was very much the plan ot the Government Bill of a year or two back to which we have alluded, but it was marred by containing provisions rendering it'compulsory on the landowner after a certain time to acquire a guaranteed title. There is no need for this. Let the owner choose for himself whether he will pay the fees and acquire a guaranteed title. Bud it is needless and unjust to compel him to do so without choice.