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Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

Land Title – evidence of right of owner or extent of his interest, by which means he
can maintain control and as a rule assert right to exclusive possession and enjoyment
of property.
Deed – instrument in writing which any real estate or interest therein is created,
alienated, mortgaged or assigned or by which title to any real estate may be affected
in law or equity.

3 Stages of Development of Legal System of Transferring Titles:
1.

Production & delivery of deed by grantor to grantee without registration

2.

Deed of conveyance is recorded to bind 3rd persons

3.

Registration of title

Registration – guarantees the title
1.

Grantor

2.

Grantee

3.

Words of grant

4.

Description of property

5.

Signature of grantor

6.

Witnesses

Recording – does not guarantee the title; need to examine other docs
Purpose of Registration:
1.

Serve as constructive notice

2.

Prevent fraudulent claims

3.

Protect interest of strangers to transaction

Modes of Acquiring Land Titles:
Types of estates:
1.

Title by public grant – conveyance of public land by government to a private
individual

2.

Title by acquisitive prescription – open, continuous, exclusive, notorious
possession of a property

3.

Title by accretion – alluvion

4.

Title by reclamation – filling of submerged land by deliberate act and
reclaiming title thereto; government

5.

Title by voluntary transfer – private grant; voluntary execution of deed of
conveyance

b. Tenancy from period to period – lease running from month to month or year to year
with automatic renewal

6.

Title by involuntary alienation – no consent from owner of land; forcible
acquisition by state

c. Tenancy at will – person is permitted to occupy land of another without stipulation
as to period

7.

Title by descent or devise – hereditary succession to the estate of deceased
owner

1. Freehold estate – indicates title of ownership.
a. Fee simple – absolute title; conferred without limitation, qualification or restriction
b. Fee tail – pass title to grantee & his heirs
c. Life state – held for duration of life of grantee
2. Less than freehold estate – a right short of title
a. Estate for years – lease for a period agreed upon, lessor retains ownership of land

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Eliminates repeated examination of titles 3. Gives eternal title as state ensures perpetuity 1. Eliminates tax titles Chapter 2: TORRENS SYSTEM – ORIGIN. Abolishes endless fees 2. It assures 8. NATURE & GENERAL CHARACTERISTICS Advantages: 10. Instantly reveals ownership 5. not transferable except by hereditary succession 7. Makes fraud almost impossible 11. Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days 2 of 18 . Keeps up the system without adding to burden of taxation. Furnishes state title insurance rather than private title insurance 12.8. beneficiaries of the system pay the fees 9. Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers. Reduces records enormously 4. Protects against encumbrances not noted on the Torrens certificate 6.