TENURE OF LANDS.

New Zealand Herald, Volume LXVII, Issue 20641, 13 August 1930, Page 9

TENURE OF LANDS.

TITLE UNDER TRANSFER ACT,

CHANGE FROM DEEDS SYSTEM.

PROGRESS OF REGISTRATION*

The work of bringing under the simpler land transfer title all property previously f;overned by the much more cumbrous deeds title has progressed steadily in Auckland since tho Land Transfer (Compulsory registration of Titles) Act came into operation in -April, 1925. With many transfers effected, the title of a property under tho old system comprises a mass of documents difficult to peruse and collate and inconveniently bulky; All 'this is swept away automatically wjth tho issue of a certificate of title. The Act effecting the compulsory change was passed in August, 1924. Its purpose was explained in tho Legislative Council by Sir Francis Bell, who said that the proposal was for the land of the Dominion which was not under the provisions of the Land Transfer Act to be brought under it by a process of examination of the title by registrars without the usual fees. Since 1871 all Crown grants had been issued under the provisions of the Land Transfer Act except . those which were subject to tho ante? , cedent consideration of the Crown. The result was that 70 per cent, to 80 per cent, of the land was under the provi* sions of the Land Transfer Act. \ Many Auckland Titles Afiect^d. The process of registration of dealings which had continued since the foundation of the colony had become exceedingly , onerous and cumbersome, Sir Francis said. Tho long tracing of documents made the ascertaining of titles a difficult and responsible process. Tho accumulation ' of volumes in every registry had • become very great indeed, and in each registry to-day there -was complaint of the safe accommodation and the facilities for obtaining the volumes from the safe for examination. This difficulty did not concern, the land transfer titles. At tho time - when the Act came into operation it was estimated that about 25 per cent, of landed property in New Zealand awaited conversion to the more modern form of title, but as far as the Auck- ■ land' province was concerned there was probably more. It was estimated that there were about 70,000 titles under tho , deeds registration system to bfe searched. The original provisions in the Auckland s registration district provided for -foui*-. search clerks and two permanent officers appointed as examiners of titles. Within twelve months one of the examiners resigned to take up private practice, and it was not until 1928 that ho was replaced. There are still four search, clerks employed, and, in addition to tho staff of examiners had been augmented by two drawn from Hawke's Bay and Canterbury, where the work has virtually been com- r pleted. The controlling officer has also made provision for the searching to. be carried out by members of the permanent staff in addition to the original search' clerks.

Progress of the Wort. About 7500 titles have now been issued, and now from 200 to 300 titles a month are being regularly issued. One result of the change nas been the necessity _ of increasing the drafting staff, and during the last two years three additions have been made to this staff. At times it has been found impossible to employ men • consist- - ently on the work owing to the pressure of their ordinary duties. During the first year that the compulsory registration operated 1983 titles, were dealt with, ..and in the second year the and 1601 respectively, and in the fifth number was 625, when only one man was engaged in the work. In the third, and fourth year the numbers were 1064 year the number was 1866. In a little over four months this year 1200 titles have been dealt w r ith.

I About one-third of this class of work in the Dominion is dealt with in Auckland, where the district extends from places as far distant as Tauranga, Te Kuiti and Whangarei. The searching of titles of this nature entails the greatest care, since it involves the establishment of State-guaranteed titles. Of the number already dealt with there are 4000 titles which* parties have shown no desire to uplift or in which they apparently; have had no dealings, with the property. In tlhe ordinary way the conversion to land transfer title means that the State endorses the soundness of the title.