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Torrens

Approximately 100 tax parcels are Torrens title in Clay County.  Torrens title property is property in which the title is under the supervision of the Court.  Under the supervision of the Court, the Registrar of Titles issues a Certificate of Title, which is kept in the office of the Registrar.  Torrens property is legally separate and distinct from title to abstract property.  The judges of the district court appoint a county Examiner of Titles to perform the judicial, administrative and legal adviser duties.

Who - Started Torrens?

The Torrens system was developed by Sir Robert Richard Torrens (1814-1884), an Australian customs officer and reformer of Australian land laws.  He subsequently became a Registrar of Deeds.  Sir Robert Torrens was looking for five qualities: reliability, simplicity, low cost, speed and suitability.

What - Is Torrens? 

It is a system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title.  With the “abstract system” an abstract is evidence of title.  In the “Torrens system” the certificate of title is the title.

 Where - Did the Torrens System Idea Come From?

The Torrens system was originally a ship registry system whereby each ship owner was assigned a certificate that included various information.  When a vessel was sold, the seller surrendered the certificate for cancellation and a new certificate was given to the new owner.   

 Why - Do We Have Torrens?

The purpose of the system is to simplify the transfer of real estate.  The County Recorder is and/or directs the office of the Registrar of Titles.  District Court, however, controls the registration of the land and directs the Registrar of Titles.  An Examiner of Titles is the legal advisor to the Registrar of Titles and is appointed by the District Court.

The Rest of the Story

In 1858 Australia adopted a registration system for land based on the ship registration system.  In subsequent years, England, Canada and several other counties and states in the United States adopted similar land registration systems.  The Torrens system was first used in the United States in 1895 in Cook County, Illinois after the Chicago fire.  In 1901 Minnesota legislature enacted a statute by which land could be registered in counties with a population of over 75,000 which included Hennepin, Ramsey and St. Louis.  In 1909 the Act was amended to make the law applicable to the entire state.  Twenty states have experimented with the Torrens system.  Today Torrens exists in nine states:  Minnesota, Massachusetts, Colorado, Georgia, Hawaii, New York, North Carolina, Ohio and Washington.

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Last updated March 11, 2010.