§ LORD LYNDHURSTwished to call the attention of the noble and learned Lord on the woolsack to a passage in the report of the Commissioners appointed to consider the subject of the Registration of Assurances and transfer of real property, in which they said that a mere measure of registration would not remove the difficulty arising from the complexity of our interests in land, and the subtleties of law which embarrassed instead of protecting them—and expressed an opinion that these inconveniences could only be done away with by the simplification of the law of real property, having reference to the system of registration which might be adopted. He had read this passage for the purpose of introducing a question he wished to put to his noble and learned Friend—whether he had in preparation or in contemplation any measure directed to the object? It was one of the most important objects connected with the amendment of the law. Most extensive interests were dependent upon it. He had lately held communication with many gentlemen of high eminence in the profession of the law on the other side of the Atlantic, and particularly with gentlemen connected with the State of Massachusetts. In the State of Massachusetts, the law of real property was in substance the same as in this country; but there had been a system of registration for 200 years, and the result had been that transfers of landed property were effected without difficulty and with small expense. He did not mean to say that, in the situation of this country, it was possible to expect to be able to simplify our proceedings to such an extent, but we might make advances towards it; and he trusted that his noble and learned Friend the Lord Chancellor would follow up his Bill for the registration of assurances by some measure calculated to improve the law of real property—a subject of the more importance at the present period, seeing that a Bill to impose duties on succession to landed property was at present before Parliament.
The LORD CHANCELLORsaid, he was perfectly aware that the Commissioners 475 who had recommended registration had coupled it with the statement to which his noble and learned Friend had alluded, and in which he himself entirely concurred. He had always been of opinion that a system of registration was the foundation certainly, but only the foundation, for any real improvement in the method of the transfer of real property. That had always been his opinion, and he was happy to have it confirmed by that of the learned Commissioners to whom he had alluded. But when his noble and learned Friend asked him if he had any such plan in progress or preparation, he was hound to tell him that he had no such plan—and for several reasons. In the first place, as was remarked in their Report itself, admitting all the objections that existed against the present system, until it should be known what our system of registration was to be, it was exceedingly difficult to say what the amendment of the law ought to be or could be. He believed that when a system of registration had been long in operation very little amendment would be necessary; for nine-tenths of the difficulties experienced originated from never being able to tell what the title was to the property which was to he transferred. Any system of registration must be of incalculable advantage, and it did not at all surprise him that the system which had been in operation in Massachusetts ever since the colony was planted, should have borne good fruits, and that in that State the transfer of property should be as easy as could well be imagined. He was not sanguine enough to suppose that with the complicated settlements we had in this country, the transfer of landed property could be as much simplified as it had been in America, but that it could be immensely simplified there was no reason to doubt. He had only to say that the moment the Bill now before the other House was passed, he should give his anxious attention to the improvement of the laws concerning real property, and he felt very confident that great improvements in them might be made.
§ LORD LYNDHURSTobserved that this question had been twofold—whether any measure of the kind he described was in preparation, or, if not prepared, in contemplation? The answer returned by his noble and learned Friend under the latter head was entirely satisfactory.
The LORD CHANCELLORmight be allowed to say that, though there was no 476 measure in actual preparation, he had had numerous conversations with many learned persons, in order to ascertain what might be done on the subject; but he did not like without further ground than this to say than any measure was in contemplation.
LORD BROUGHAMwas exceedingly glad that his noble and learned Friend above him should have put this question, and also that he should have received so satisfactory an answer from his noble and learned Friend on the woolsack—that was, as satisfactory as in the present stage of the question they could well expect. The remark made by both his noble and learned Friends was perfectly correct—that a mere registry would not cure the defects in our system of the transfer of landed property. The mere registration was only a part— a most necessary part no doubt—of that improvement of the law; but, if they were to stop there, unquestionably they would do only half, or less than half, their duty in that respect.