In the presence of uncertainty over the title of land (due to fraud or
error), a legal system can protect either the current (innocent) owne
r, or a previous owner who claims title. The predominant system in the
United States generally awards title to the latter in the event of le
gitimate claim. Thus, current owners frequently purchase title insuran
ce to provide indemnification in the event of a loss. In contrast, the
Torrens system awards title to the current owner, but provides for in
demnification of any legitimate claimants. We evaluate these two syste
ms and argue that if transaction costs are low, both promote efficient
assignment of title (according to the Cease Theorem), but if transact
ion costs are high, the Torrens system is more likely to award title t
o the party that values it the most (namely, the current possessor).