The System In England
While we have said that the idea of a system of land title registration spread rapidly, it must also be said that the speed does not seem to have been maintained. A Land Registry Act, known as the "Lord Westbury Act," was passed in England in 1862. The law was a failure and was repealed in 1875. Only 411 titles were registered in the 13 years. It has been stated by Mr. Torrens and others that the law did not follow the original Torrens Act, but diverted from it in many essential features. The Act of 1875, which repealed this law, was known as the "Lord Cairns Act."
It simplified the system and corrected many of the mistakes of the old law. It failed, however, to provide an assurance fund out of which losses could be paid. This defect was a serious one - compensation for loss to the injured through error or otherwise was lacking. Under a new act in 1897, an assurance fund was provided, the national treasury making good any deficiency. Registration became compulsory in the County of London by the same act. The records show that 3,825 titles were registered in England and Wales in the 20 years from 1875 to 1895, and that in the following 10 years, 91,284 titles were registered in London alone.
England evidently did not get a workable Torrens system until nearly 40 years after her colony, South Australia, had one. The system, however, had to struggle against conditions peculiar to English land ownership. The law of entail prevails, and many English freeholds are inalienable, the owner in possession having only a life interest. Great landed estates exist and a large proportion of the land is in the hands of comparatively few persons. England was jealous of its customs and the lawyers were opposed to changes. However, in spite of the handicaps, the Torrens system seems to have been successfully adopted.