19.32.9

Main Disadvantages Of The Torrens Systems

The principal disadvantages of the system are:

  • A general lack of acceptance of the system in most jurisdictions
  • High initial expense in bringing the land under the registration act
  • Cumbersome methods and procedures for filing instruments
    • Several days may elapse before the memorial of an instrument actually appears on a certificate of title
    • Special statutory or judicial procedures may be required for the filing of instruments such as those involved in a probate transfer
  • Loss or destruction of an owner's or mortgagee's duplicate certificate and the resulting additional expense and delay

  • If the land involved is part registered and part unregistered, the additional expense, delay and possibility of mistake resulting from documents having to be filed in two different offices

  • Erroneous recitals and memorials resulting from untrained, inexperienced or incompetent personnel administering the system

  • Possibility of omission of the filing of an instrument on a certificate of title or registration an instrument on the wrong certificate of title

  • Exceptions from the coverage are numerous under the Torrens System: Federal Tax Liens, bankruptcies, taxes, public highways and rights of parties in possession

  • If the registration process has been conducted without proper notice to an interested party, there may exist a fundamental lack of due process and the act of registration may not be binding on that party

  • It does not afford the coverage and protection that a title insurance policy provides
All content on Virtual Underwriter is subject to the terms shown here.