Document Type
Article
Publication Date
2025
Publication
Adelaide Law Review
Volume
46
Abbreviation
Adelaide L. Rev.
First Page
112
Abstract
The early days of the Torrens system in the United States looked promising. Its spread through the country was rapid — by the early 20th century, it had been adopted in almost half of America’s states. Today, however, Torrens is all but obsolete in America. This article examines what went wrong. For one thing, a workable, if cumbersome, system of title assurance — relying on recorded deeds, warranties of title, and title insurance — already existed. For title holders, the process of petitioning for Torrens registration was unfamiliar, often expensive and protracted, and invited risk from adverse claimants. Pragmatic factors such as market preferences for title insurance, lawyerly skepticism born of unfamiliarity and potential loss of business, and a characteristic American distrust of government all helped to seal its fate. Ultimately, Torrens, for all its advantages, failed to displace established systems of title assurance.