Land Titles Act 1993

Land Titles Act 1993

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act which makes provision for the registration of titles to land.

[1 March 1994]

PART 1

PRELIMINARY

Short title

1.  This Act is the Land Titles Act 1993.

Division into Parts

2.  This Act is divided into Parts, as follows:

PART 1

...

sections 1-4

PART 2

...

sections 5-7

PART 3

    Division 1

...

sections 8-18

    Division 2

...

sections 19-24A

    Division 3

...

sections 25-27

PART 4

...

sections 28-44

PART 5

    Division 1

...

sections 45-49

    Division 2

...

section 50

PART 6

...

sections 51-62

PART 7

...

sections 63-67

PART 8

    Division 1

...

sections 68-80

    Division 2

...

sections 81-85

PART 9

...

sections 86-93

PART 10

...

sections 94-106

PART 11

...

sections 107-114

PART 12

...

sections 115-130

PART 13

...

sections 131-137

PART 14

...

sections 138-141

PART 15

...

sections 142-145

PART 16

...

sections 146-150

PART 17

...

sections 151-160

PART 18

...

sections 161-164

PART 19

...

sections 165-176.

Reconciliation with existing laws

3.—(1)  Except as provided in this Act, all Acts, regulations, rules, and other laws, and all practices, relating to estates and interests in land and operative at 1 March 1994, so far as they are inconsistent with the provisions of this Act in their application to registered land, are repealed.

(2)  Nothing in this Act affects the right of the Collector of Land Revenue, or of any other person or authority empowered by any written law, to enter on registered land pursuant to such a power.

(3)  Except as otherwise expressly provided in this Act, the Registration of Deeds Act 1988 does not apply to registered land.

(4)  This Act binds the Government.

Interpretation

4.—(1)  In this Act, unless the context otherwise requires —

“approved form” means any form approved by the Registrar for the purposes of any of the provisions of this Act and includes an electronic form produced by making an electronic copy, image or reproduction of a written instrument;

“assurance”, in relation to unregistered land, has the meaning given by the Registration of Deeds Act 1988;

“assurance fund” means the assurance fund constituted under section 151;

“Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001;

“caveatee” means the proprietor or other owner of land described in a caveat and to whom notice of the caveat is required to be given;

“caveator” means the person by whom or on whose behalf a caveat has been lodged;

“certificate of title”  —

(a) in relation to a manual folio, includes a duplicate certificate of title issued by the Registrar before or after 1 March 1994; and

(b) in relation to a computer folio, includes a print‑out of that folio bearing a facsimile of the Registrar’s seal;

“Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act 1998;

“Collector” has the meaning given by the Land Revenue Collection Act 1940;

“competent authority”, in relation to any development or subdivision of land, means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the development or subdivision of land, as the case may be;

“computer folio” means a folio that is not a manual folio;

“dealing” means any instrument other than a certificate of title or caveat which is registrable or capable of being made registrable under the provisions of this Act or in respect of which any entry or notification in the land‑register is by this Act required or permitted to be made;

“electronic instrument” means an instrument in an electronic form;

“executor” means the executor to whom probate has been granted, and includes an executor by right of representation;

“folio” means a folio of the land‑register, whether qualified or unqualified as to title;

“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;

“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;

“land” means —

(a) the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or

(b) any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,

and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;

“land‑register” means the land‑register that is maintained under section 28;

“Land Titles Registry” means the Land Titles Registry of the Authority;

“limited liability partnership” means any limited liability partnership whether registered in Singapore under the Limited Liability Partnerships Act 2005 or otherwise;

“manual folio” means a folio maintained by the Registrar wholly in the form of a document in writing;

“microfilm”, in relation to a document, includes storing a reproduction of the document on magnetic, optical or other medium in a computer from which a facsimile of the document may be perceived or further reproduced with the aid of a machine or other device;

“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;

“purchaser” means a person who, in good faith and for valuable consideration, acquires an estate or interest in land, and includes a mortgagee, chargee and lessee; and “purchase” shall have a corresponding meaning;

“qualified folio” means a folio qualified as to title;

“registered land” means land which has been brought under the provisions of this Act by being included in a folio;

“Registrar” means the Registrar of Titles appointed under section 5;

“Registrar of Deeds” means the Registrar of Deeds appointed under the Registration of Deeds Act 1988;

“relevant authority” means any Government department or authority or statutory authority empowered to approve plans for development or subdivision of any land or plans relating to the construction of any building under the Planning Act 1998 or under any other written law and includes the competent authority;

“State title” means any grant or lease issued under the State Lands Act 1920 or State Lands Ordinance 1886 and includes a Crown grant or lease issued under the Crown Lands Ordinance 1886 at any time prior to 16 September 1963;

“subdivided building” has the meaning given by the Land Titles (Strata) Act 1967;

“unregistered land” means any land which has not yet been brought under the provisions of this Act.

[8/2014; 11/2015]

(2)  [Deleted by Act 8 of 2014]

(3)  A reference to land alienated by the State includes a reference to land alienated by the Crown at any time prior to 16 September 1963.

(4)  A reference in this Act to a facsimile of the Registrar’s seal is a reference to an official seal which is a facsimile of the seal of office mentioned in section 6(1).

(5)  A reference in this Act to subdivision of land (whether registered or unregistered) permitted, approved or granted by the competent authority includes, where applicable, a reference to subdivision of land that is authorised by the Minister under a notification made under section 21(6) of the Planning Act 1998.

(6)  Where by reason of any notification made by the Minister under section 21(6) of the Planning Act 1998 —

(a) the strata subdivision of any building or class of buildings as specified in that notification is authorised; and

(b) the approval by the competent authority of a strata subdivision plan for that building or class of buildings is not required under the Planning Act 1998,

then for the purposes of this Act, any reference to a subdivision plan issued or approved by the competent authority is, where applicable, to be construed to mean a reference to building plans approved by the relevant authority —

(c) which are endorsed with a certificate by a registered surveyor under the Land Surveyors Act 1991 who has in force a practising certificate issued under that Act certifying that the boundaries of all the strata lots which the surveyor has delineated on the approved building plans have been endorsed by the proprietor of the development to be correct and in accordance with what was sold or agreed to be sold by the proprietor; and

[Act 25 of 2024 wef 01/10/2025]

(d) which contain such other certifications and particulars as may be required by the Registrar or the Chief Surveyor.

PART 2

ESTABLISHMENT OF LAND TITLES REGISTRY

Appointment of Registrar, Deputy Registrars, Assistant Registrars and other officers

5.—(1)  This Act is to be administered by the Registrar of Titles who is appointed by the Minister and who is to carry into execution the provisions of this Act and be responsible for the general administration of the Land Titles Registry.

(2)  The Minister may also appoint such number of Deputy Registrars and Assistant Registrars of Titles and other officers of the Registry as may be necessary for the carrying out of the provisions of this Act.

(3)  The Minister may create different grades for Deputy Registrars and Assistant Registrars of Titles.

(4)  Whenever by law anything is appointed or authorised to be done by the Registrar of Titles, that thing may lawfully be done by a Deputy Registrar or an Assistant Registrar of Titles.

(5)  Where any other officer is appointed to carry out the provisions of this Act —

(a) the officer has to, subject to the general or special directions of the Registrar or any Deputy Registrar of Titles authorised by the Registrar to act on his or her behalf, carry out the provisions of this Act; and

(b) any person dealing with or making any inquiry on any matter or fact registered or notified in the records maintained under this Act is exonerated from inquiring whether such officer who has purportedly carried out lawfully the provisions of this Act has the power to do so.

Seal of office

6.—(1)  The Registrar is to have and use a seal of office having inscribed in the margin thereof the words “Registrar of Titles, Singapore”.

(2)  Every certificate of title, dealing or any other document in writing relating to the disposition or acquisition of, or claim to, any estate or interest in land or evidencing title thereto, bearing the Registrar’s seal or the facsimile of that seal and purporting to be issued by the Registrar —

(a) shall be received in evidence; and

(b) is, unless the contrary is shown, deemed without further proof to be issued by or under the direction of the Registrar.

General powers of Registrar

7.—(1)  The Registrar may exercise the following powers:

(a) to administer oaths and take statutory declarations;

(b) to enter caveats for the prevention of fraud or improper dealing whenever the Registrar has reason to think that fraud or improper dealing may occur, or for the prevention of any dealing with any registered land which has been found to be erroneous;

(c) to —

(i) require any person who may have possession or control of an instrument relating to land which is the subject of a dealing, or relating to title to any such land, to produce that instrument; and

(ii) retain any such instrument, whether produced pursuant to this paragraph or otherwise,

until it is no longer required for the action in accordance with a dealing lodged with the Registrar provided that the Registrar must permit the person who is entitled to the custody of that instrument to inspect the instrument;

(d) to summon any person referred to in paragraph (c) or any person who from the land‑register or a dealing appears to have or is entitled to or acquires or divests an estate or interest in any land to appear and give an explanation with respect to that land or instrument.

[8/2014]

(2)  For the purpose of verifying the proprietorship of any land, whether registered or unregistered, and of establishing the limits of boundaries in relation to the proprietorship of such land where there is no modern survey or where the plans filed with the Authority are not sufficiently clear to establish such boundaries, the Registrar may require —

(a) any person who may have possession of any title deed relating to any unregistered land and any relevant document pertaining to any estate or interest in such land other than documents relating to trusts to produce such documents; and

(b) any person who owns any estate or interest in land, to furnish any information pertaining to the use or any other matter relating to the land.

[8/2014]

(3)  Where a person —

(a) required to produce an instrument under subsection (1)(c) or (2) fails to produce the instrument or to allow it to be inspected; or

(b) on being summoned under paragraph (d) of subsection (1), refuses or neglects to give an explanation which the person is pursuant to that paragraph required to give, or knowingly misleads or deceives any person authorised to demand any such explanation,

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000; and if the instrument or information withheld appears to the Registrar to be material in relation to an instrument lodged for registration under this Act, the Registrar may refuse to register the instrument lodged for registration.

PART 3

INITIAL REGISTRATION OF TITLES

Division 1 — Bringing land under the Act on alienation

Alienation by State

8.—(1)  Where at any time, whether before or after 1 March 1994, the State alienates or has alienated —

(a) an estate in fee simple;

(b) an estate in perpetuity; or

(c) a leasehold estate,

in any land, the Collector must furnish to the Registrar such particulars of the alienation in such manner as may be required by the Registrar to enable the Registrar to bring the land under the provisions of this Act by creating one or more folios for that land.

(2)  Any land brought under the provisions of this Act under subsection (1) is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the relevant State title.

(3)  Pending the issue of a State title, the land brought under the provisions of this Act under this section is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the State title executed in escrow by the grantee or lessee of the land.

(4)  Where any land has been brought under the provisions of this Act pursuant to any certificate issued by the Collector before 1 March 1994, the Collector must upon the issue of the relevant State title deliver the full particulars of the State title to the Registrar who must create a new edition of the relevant folio or make necessary alterations to the land‑register to show the particulars of the State title and the boundaries and dimensions of the land and indicate whether the boundaries and dimensions are conclusive.

Surrender and reissue of title to land

9.—(1)  Where the President agrees to accept the surrender of the title to land (whether registered or unregistered, and whether of the same or different tenure), for the reissue of one or more fresh State titles of one type of tenure, the President may accept the surrender of title to land, subject to all or any of the following:

(a) any subsisting mortgage with the consent of the mortgagee, the Collector, and the Registrar of Deeds or the Registrar, as the case may be;

(b) any subsisting statutory charge in favour of the Central Provident Fund Board or any caveat notified under this Act or registered under the Registration of Deeds Act 1988 with the consent of the Collector, and the Registrar of Deeds or the Registrar, as the case may be.

[8/2014]

(2)  Upon the acceptance by the President under subsection (1), the surrender may be lodged with the Registry of Deeds or Land Titles Registry, as the case may be.

[8/2014]

(3)  The fresh State title or titles in respect of the whole or part of the land surrendered may be issued by the President only when the Registrar of Deeds or the Registrar (as the case may be) has notified the Collector that the surrender has been finally registered.

[8/2014]

(4)  Upon the creation of one or more folios for the land, the Registrar must, where applicable, notify any subsisting mortgage, statutory charge or caveat mentioned in subsection (1)(a) and (b), and cancel the previously existing folio or folios for the land.

[8/2014]

(5)  Any subsisting mortgage, statutory charge or caveat mentioned in subsection (4) and notified on one or more folios for the land comprised in the fresh State title or titles issued by the President is deemed to be registered or notified against the estate and interest of the proprietor of land in whose name the folio or folios are issued.

[8/2014]

10.  [Repealed by Act 8 of 2014]

11.  [Repealed by Act 8 of 2014]

Restriction on registration or notification of assurance, instrument or caveat pending issue of fresh State title

12.  After the surrender of the title to land is lodged with the Registry of Deeds or the Land Titles Registry (as the case may be) under section 9, and pending the issuance of a fresh State title or titles by the President —

(a) except for a discharge of a statutory charge in favour of the Central Provident Fund Board or a withdrawal of a subsisting caveat registered under the Registration of Deeds Act 1988 —

(i) no assurance or caveat in respect of the unregistered land surrendered is capable of being registered under the provisions of that Act; and

(ii) where such assurance or caveat has been registered, the Registrar of Deeds has the power to cancel the registration of such assurance or caveat and any entries relating thereto from the records kept by the Registry of Deeds; and

(b) except for a discharge of a statutory charge in favour of the Central Provident Fund Board or an extension or withdrawal of a subsisting caveat notified under this Act —

(i) no dealing or caveat in respect of the registered land surrendered is capable of being registered or notified under the provisions of this Act; and

(ii) where such dealing or caveat has been registered or notified, the Registrar has the power to cancel the registration or notification of such dealing or caveat and any entries relating thereto from the records kept by the Land Titles Registry.

[8/2014]

Collector to furnish Registrar with particulars of fresh State title

13.—(1)  Where at the time of the lodgment of any surrender of the title to land under section 9, the land is subject to any subsisting mortgage, statutory charge or caveat, the fresh State title or titles to be issued by the President under section 9 must be endorsed with a statement by the Collector that the fresh State title or titles are subject to any subsisting mortgage, statutory charge or caveat mentioned in that section.

[8/2014]

(2)  Upon the issue of the fresh State title by the President for the land surrendered under section 9, the Collector must furnish to the Registrar such particulars of the fresh State title in such manner as may be required by the Registrar to enable the Registrar —

(a) to bring the land under the provisions of this Act by creating one or more new folios for the land; and

(b) to notify the subsisting mortgage, statutory charge or caveat on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land.

[8/2014]

(3)  Section 27(5) and (6) applies, with the necessary modifications, to the mortgage, statutory charge or caveat notified on the relevant folio under subsection (2).

Power of Registrar of Deeds to refuse registration of assurances

14.  Where an assurance which requires the prior written consent of either the Collector or the Registrar or both of them (as the case may be) has been made without the endorsement of his or her or their written consent thereon —

(a) the Registrar of Deeds must not accept that assurance for registration or, in the case where that assurance has been registered under the provisions of the Registration of Deeds Act 1988, must cancel the registration of that assurance and any entries relating thereto; and

(b) the Collector must disregard that assurance and may issue one or more fresh State titles as if that assurance had not been made.

[8/2014]

Application of section 8

15.—(1)  Section 8(2) and (3) applies to any land brought under the provisions of this Act pursuant to the issue of fresh State title after the surrender of an existing title.

[8/2014]

(2)  Section 8(4) applies to any land brought under the provisions of this Act pursuant to the surrender of an existing title and the issue of a certificate by the Collector before 1 March 1994.

Registrar to make an entry on folio as to conclusiveness of boundaries, etc.

16.—(1)  Where any land alienated by the President is brought under the provisions of this Act and a folio has been created for the land, the Registrar must —

(a) where the boundaries and dimensions as shown in the plan filed with and approved by the Chief Surveyor are inconclusive, make an entry in the folio to show —

(i) that the boundaries and dimensions are inconclusive; and

(ii) the reference number of the plan; or

(b) where in the plan filed with and approved by the Chief Surveyor the boundaries and dimensions have been approved as conclusive, make an entry in the folio of the reference number of the plan.

(2)  Where the Registrar has entered a caution on the folio created for the land as to the inconclusiveness of its boundaries and dimensions under subsection (1), the Registrar must cancel that caution when the boundaries and dimensions shown in the plan filed with the Chief Surveyor have been approved as conclusive by the Chief Surveyor.

(3)  Upon the cancellation of the caution mentioned in subsection (2), the Registrar must make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions.

Priority of interests protected by mortgages, statutory charges and caveats registered or notified on land‑register

17.—(1)  Where any land has been surrendered to the President under section 9, with subsisting mortgages, statutory charges and caveats registered or notified on the land‑register, the priority of these mortgages, statutory charges and caveats are to be determined as follows:

(a) the priority for caveats lodged under section 115 and notified in the land‑register are to be determined in accordance with section 119; and

(b) the priority for mortgages, statutory charges or caveats (including those registered under the Registration of Deeds Act 1988 and subsequently notified on the folio or folios when created) are to be determined in accordance with section 48.

[8/2014]

(2)  Where any instrument (including a mortgage, statutory charge or caveat) was materially amended pending its final registration or notification in the land‑register (as the case may be), section 48(2) applies, with the necessary modifications, to the determination of its priority in accordance with this section.

(3)  The respective priorities of mortgages, statutory charges and caveats as determined in subsection (1) apply only to those mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh State title to the land or part thereof.

[8/2014]

Collector may refuse to accept surrender of title to land for reissue of title

18.  The Collector may refuse to accept the surrender of any title to land for the reissue of title where the Collector is satisfied that the proprietor or owner of the land intended for surrender has not complied with any existing law or the lawful requirements of any Government authority.

Division 2 — Applications and schemes to bring land under this Act

Bringing lands under this Act

19.—(1)  Unregistered land of whatever tenure may be brought under the provisions of this Act upon any primary application or at the instance of the Registrar in accordance with this Division.

(2)  The Registrar may bring unregistered land under the provisions of this Act by the creation of one or more folios for the land which are either qualified or unqualified as to title, and must notify on the folio, in such manner as to preserve their priority, such particulars as the Registrar thinks fit of all subsisting mortgages or other encumbrances to which the land is subject at the time of bringing the land under the provisions of this Act.

(3)  Any folio, qualified or unqualified as to title, created under this Division for any land may, if the circumstances so require, be qualified as to the boundaries and dimensions of the land, and section 165 applies with such modifications as are necessary to that land.

Primary applications

20.—(1)  A person entitled to bring unregistered land under the provisions of this Act may lodge a primary application with the Registrar to bring the land under this Act together with any deed, conveyance or instrument affecting the land.

(2)  The following persons are entitled to have unregistered land brought under the provisions of this Act:

(a) the person claiming to be the owner (either at law or in equity) or persons who collectively claim to be the owners (either at law or in equity) of the fee simple, an estate in perpetuity or leasehold estate; or

(b) trustees for the sale of the fee simple, an estate in perpetuity or leasehold estate where the application to bring the land under the provisions of this Act has been consented to by a majority in number of persons required to give that consent.

(3)  A primary application to bring land under the provisions of this Act must —

(a) be in the approved form; and

(b) be accompanied by such documents of title or other evidence as the Registrar may require, including but not limited to a statutory declaration (in a form acceptable to the Registrar) executed by an applicant who is unable to produce any such documents of title or other evidence to substantiate the applicant’s claim or from any person connected with the loss of those documents.

(4)  Despite subsection (2), a mortgagor is not entitled to apply to bring land under the provisions of this Act unless the mortgagee consents to the primary application.

(5)  Unless expressly prohibited by the terms of its memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document (as the case may be) a corporation (whether sole or aggregate) or a limited liability partnership is deemed to have power to apply to the Registrar to bring land under the provisions of this Act.

[8/2014]

(6)  Any primary application under subsection (5) may be made —

(a) on behalf of a corporation (other than a limited liability partnership), by its director, manager or secretary; or

(b) on behalf of a limited liability partnership, by its partner or manager, or an attorney appointed in that behalf by the limited liability partnership,

under its common seal in accordance with the memorandum of association, constitution, charter, limited liability partnership agreement or other constituting document, as the case may be.

[8/2014]

(7)  The Registrar may refer any primary application to any legally qualified person for investigation of and report on the applicant’s title.

(8)  On the creation of a folio for the land, the Registrar must cancel —

(a) all assurances lodged to support the primary application if the folio is unqualified as to title; or

(b) in any other case, the last deed lodged with the Registry of Deeds prior to the creation of the folio.

Unregistered land may be brought under this Act at instance of Registrar or on registration of conveyance

21.—(1)  The Registrar may, if he or she thinks fit, bring under the provisions of this Act any unregistered land comprised in any conveyance registered under the Registration of Deeds Act 1988.

(2)  If the Registrar intends to bring any unregistered land under the provisions of this Act in accordance with subsection (1), the Registrar must —

(a) give notice of the Registrar’s intention to do so to the owner of the land (as shown from the records in the Registry of Deeds); and

(b) require the owner to produce for cancellation, within the time specified in the notice, the owner’s documents of title or any other evidence substantiating the owner’s ownership of the land.

(3)  Where the owner of the land fails, neglects or refuses to comply with the notice under subsection (2), the Registrar must insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to bring the unregistered land under the provisions of this Act, including particulars of the owner of the land as shown from the records in the Registry of Deeds or such other particulars as the Registrar may in his or her discretion deem appropriate.

(4)  After the Registrar has given notice under subsection (2) or (3) (as the case may be) the Registrar must bring the land specified in the notice under the provisions of this Act by creating one or more folios for that land.

(5)  Where a person entitled to the unregistered land does not or is unable to produce the documents of title or any other evidence substantiating that person’s claim, the Registrar may, in his or her discretion, issue a certificate of title to that person if a statutory declaration (in a form acceptable to the Registrar) has been executed by that person, that person’s successor‑in‑title, that person’s mortgagee or any person who has possession or control of the documents of title, and produced to the Registrar for his or her inspection and, if the Registrar so requires, retention.

[8/2014]

(6)  On registering a conveyance in accordance with section 7(2) and (3) of the Registration of Deeds Act 1988, the Registrar of Deeds must forward the conveyance to the Registrar who may, if he or she thinks fit, bring the land comprised in the conveyance under the provisions of this Act.

(7)  The Registrar must cancel the last deed pertaining to any land brought under the provisions of this Act in accordance with this section.

Land may be brought under this Act upon subdivision

22.—(1)  Where permission has been granted to develop or subdivide any unregistered land, the owner is not entitled to deal with the land or any part thereof whether under the Registration of Deeds Act 1988 or under this Act, unless the entire parcel is brought under the provisions of this Act in accordance with Division 1 or this Division.

[8/2014]

(2)  Despite subsection (1), the Registrar of Deeds may register any assurance of the land or part thereof under the Registration of Deeds Act 1988 where the Registrar has issued to the owner a certificate exempting the land from the application of subsection (1).

[8/2014]

(3)  Subject to subsection (4), subsection (2) does not apply to unregistered land where permission for the subdivision of any building erected thereon was previously granted and an assurance of part of that subdivided building was registered under the Registration of Deeds Act 1988 before 15 May 1968.

(4)  Where the whole of the estate in an unregistered land mentioned in subsection (3) comprising the subdivided building has wholly become vested or subsequently vests in the same proprietor at any time on or after 15 May 1968, subsection (2) applies to that unregistered land.

In whose name title to issue

23.—(1)  A folio created under this Division must be in the name of —

(a) the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the fee simple, estate in perpetuity or leasehold estate in land; or

(b) the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the equity of redemption if conversion is based on the delivery of a document which is a conveyance of the land by way of mortgage.

[8/2014]

(2)  If before a folio is created, the person who is entitled to be recorded as the registered proprietor on the folio dies, the folio may be created recording the deceased person as the registered proprietor as if the folio was created before the person died.

Mortgages and leases

24.—(1)  Where land has been brought under the provisions of this Act by the creation of a folio (whether qualified or unqualified as to title), any subsisting mortgage registered under the Registration of Deeds Act 1988 in respect of land comprised in the folio is, when notified on the folio, deemed to be a mortgage registered under the provisions of this Act and the provisions of this Act applicable to registered mortgages apply to that mortgage.

(2)  Any second or subsequent conveyance by mortgage of the land in any such folio is deemed to be a second or subsequent mortgage registered under the provisions of this Act.

(3)  Where a folio has been created under this Division for any land —

(a) subject to paragraph (b), the Registration of Deeds Act 1988 ceases to apply to the land;

(b) the Registration of Deeds Act 1988 continues to apply to any document relating to any trust, probate and letters of administration and any settlement created under any instrument for that land which was subsisting immediately before the date on which the folio was created, not being a document purporting to convey, mortgage or discharge any estate or interest in the land comprised in the folio.

(4)  Every folio created for any leasehold estate in land is subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant on the term.

(5)  Where the Registrar is unable to determine when the term of any leasehold estate in any unregistered land commences, he or she is, for the purposes of bringing the land under the provisions of this Act, entitled to assume that the term of the lease commences on the date of the lease.

Leases of flats erected on unregistered land

24A.—(1)  Where there is a subsisting lease for a flat in a building erected on unregistered land and the lease for such a flat has been registered under the Registration of Deeds Act 1988, the Registrar may issue a subsidiary certificate of title to the owner (as it appears from the records kept by the Registry of Deeds) of the flat without requiring the owner to produce the lease or any other documents of title in the owner’s possession for cancellation.

(2)  If the Registrar intends to issue a subsidiary certificate of title in accordance with subsection (1), the Registrar must —

(a) insert a notice in one or more local daily newspapers circulating in Singapore stating the Registrar’s intention to issue the subsidiary certificate of title to the owner of the flat after the expiry of 21 days from the date of publication of the notice; and

(b) send by registered post, a notice to the owner informing the owner of the Registrar’s decision to issue a subsidiary certificate of title for the flat.

(3)  A subsidiary certificate of title issued under this section must, where applicable, be endorsed with a notice —

(a) stating that the area and plan reference of the flat are not stated as no survey has been carried out and approved by the Chief Surveyor; and

(b) stating the owner’s share in the land on which the flat stands or the owner’s share in the land appurtenant to the flat which forms part of the development.

(4)  Where the Registrar determines from the records in the Registry of Deeds that it was intended that the owner of the flat should —

(a) own a share in the land on which the flat stands; or

(b) own a share in the land appurtenant to the flat which forms part of the development,

the Registrar may, despite any earlier failure or omission to transfer the relevant share in land to the owner of the flat, endorse on the subsidiary certificate of title —

(c) the share in land owned by the owner; or

(d) the share in land appurtenant to the flat,

as the case may be.

[8/2014]

(5)  A share in the land appurtenant to a flat comprised in a subsidiary certificate of title must not be dealt with except as appurtenant to the flat and any dealing of that flat operates to deal with the share in the land.

[8/2014]

(6)  Where the owner of the land has granted leases for some but not all of the flats in the building, the owner is deemed to be a proprietor of the flats which are still owned by that owner.

(7)  Where the owners of the flats are also the owners of the land on which the flats stand or which form part of the development, the Registrar must, except upon request, retain the certificate of title issued for the land.

[8/2014]

(8)  For the purposes of this section —

(a) it is deemed that the planning approval for subdivision of the building had been granted by the relevant authority;

(b) in the event of a conflict between this section and the provisions of the Land Titles (Strata) Act 1967, this section prevails; and

(c) “flat” has the meaning given by section 3 of the Land Titles (Strata) Act 1967.

(9)  This section also applies with the necessary modifications where —

(a) subsisting leases for flats are registered under the Registration of Deeds Act 1988 and the flats are in a building erected on registered land; and

(b) the land is vested in the owners of the flats as tenants‑in‑common in their respective shares reflected in the land‑register.

Division 3 — Qualified titles and caveats

Cautions and lapsing of cautions

25.—(1)  Upon the creation of a qualified folio, the Registrar must enter thereon a caution warning persons dealing with the registered proprietor therein named that the land comprised therein is held subject to any interest which affected it at the date of the creation of that folio, and so long as the caution remains on that folio that land is so held.

(2)  A caution recorded on any qualified folio (whether created under this Act or the repealed Land Titles Act (Cap. 157, 1985 Revised Edition)) lapses in one of the following ways:

(a) if, after the creation of the qualified folio, a purchaser for valuable consideration and without fraud becomes registered as proprietor of an estate or interest in the land comprised in the folio, the caution lapses as regards the estate or interest on the expiry of 5 years after the date of the last deed which was cancelled by the Registrar on the creation of the folio;

(b) if, immediately before the expiry of 10 years after the creation of the qualified folio, the caution affecting the folio has not lapsed as regards all estates and interests in the land comprised in the folio or has not been cancelled, the caution lapses —

(i) on the expiry of that period; or

(ii) on the expiry of 24 months after 20 August 2001,

whichever is the later.

(3)  A mortgagee or chargee is not regarded as a purchaser for the purposes of subsection (2).

(4)  When a caution lapses under subsection (2), the lapsed caution constitutes a defunct entry and the Registrar must, of his or her own motion, cause an entry to be made in respect of the lapsing of the caution.

[8/2014]

(5)  Upon the lapsing of a caution under subsection (2), the folio ceases to be qualified and the land comprised therein is as from that time held subject only to such interests as are registered or notified on the folio and to such interests as are otherwise excepted by section 46.

(6)  Any person deprived of land by the operation of this section does not by reason of that deprivation have any claim against the assurance fund.

Cancellation of cautions

26.—(1)  Where the Registrar has entered a caution on a qualified folio under section 25, the proprietor of the land comprised in that folio may apply to the Registrar in the approved form together with any deed, conveyance or instrument affecting the land for the cancellation of the caution if the proprietor is able to —

(a) deduce a title for a continuous period of not less than 12 years at the date of the proprietor’s application; and

(b) satisfy the Registrar that there are no outstanding interests which are not notified on that folio.

(2)  Upon proof to the Registrar’s satisfaction that subsection (1) has been complied with, the Registrar must enter on the qualified folio a notification cancelling the caution.

(3)  For the purposes of section 155, the person upon whose application a caution is cancelled is deemed to be the person upon whose application the land was brought under this Act.

Prior encumbrances to be notified on folio

27.—(1)  The Registrar must enter on a folio a notification of any caveat or other subsisting encumbrance —

(a) which is apparent to him or her from the records maintained at the Land Titles Registry (including the Caveat Index) at the time of the creation of that folio; and

(b) which is subsequently brought to his or her attention as in this section provided.

(2)  Any person claiming an interest in land which was subsisting at the date of the creation of a folio for that land other than an interest excepted by section 46 may, so long as the folio remains qualified as to title, protect that interest by lodging a caveat under section 115, and the Registrar must enter a notification of such a caveat in that folio.

(3)  The proprietor in whose name a folio has been created must lodge with the Registrar a statement setting out particulars of any subsisting interest affecting the land therein comprised which is known to the proprietor and which is not already notified under subsection (1) other than an interest excepted by section 46.

(3A)  Where any unregistered land has been brought under the provisions of this Act with one or more subsisting caveats for an estate or interest in the land lodged in accordance with the Registration of Deeds Act 1988, the Registrar may, on being satisfied that the caveat has not been withdrawn, cancelled or lapsed, enter a notification of the caveat in that folio as if the caveator had also lodged a caveat under section 115 and in the manner specified in section 115(2)(b) for the same estate or interest in the land when lodging the caveat under the Registration of Deeds Act 1988.

(4)  The proprietor named in a folio who —

(a) has knowledge of an encumbrance or interest affecting the land comprised therein which is not notified on the relevant folio; and

(b) disposes of or otherwise deals with or creates any interest in that land without having lodged a statement under subsection (3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.

(5)  An interest notified on the folio under this section is an interest within the meaning of section 46, but its notification does not give the interest to which it relates any greater operation or effect than it has under the instrument creating it.

(6)  Any interest notified on the folio under this section does not, by reason of any provision of this Act, lose any priority which that interest would otherwise have had.

PART 4

REGISTRATION

Land-register

28.—(1)  The Registrar must cause a register (called in this Act the land‑register) to be maintained for the purposes of this Act.

(2)  The land-register comprises —

(a) folios;

(b) dealings registered therein under this Act; and

(c) instruments and other documents in the approved form registered or notified under this Act.

(3)  The land-register may be maintained in or upon any medium or combination of mediums capable of having information recorded in or upon it or them.

(4)  The Registrar may, from time to time, vary the manner or form in which the whole or part of the land‑register is maintained.

Folios of land-register

29.—(1)  The Registrar must create a folio for any land by making a record of —

(a) a description of the land and of the estate or interest therein for which it is created;

(b) a description of the proprietor for the time being of the estate or interest and such other particulars as the Registrar thinks fit; and

(c) such particulars, as the Registrar thinks fit, of —

(i) other estates or interests (if any) affecting the land;

(ii) other information (if any) that relates to the land or any estate or interest therein and is included in that record under this Act or any other written law or an instrument made under such written law;

[Act 42 of 2022 wef 01/11/2024]

(iii) any notice which the Registrar is required to enter on the land-register in respect of the land, any estate or interest therein or any subdivided lot thereof under the Residential Property Act 1976; and

[Act 42 of 2022 wef 01/11/2024]

(iv) any encroachment notice issued under section 12 of the State Lands Protection Act 2022 in respect of the land unless the information specified in the encroachment notice is no longer current,

[Act 42 of 2022 wef 01/11/2024]

and by allocating a distinctive reference to the record so made.

[35/2010]

(2)  The Registrar may at any time create a new edition of a folio showing only subsisting entries and omitting therefrom all entries that have been determined or have ceased to have any effect.

(3)  Where a person is registered as proprietor of a lease registered under this Act, the Registrar may —

(a) if the Registrar thinks fit, create a folio or folios for the estate or interest of that person in some or all of the land leased; and

(b) for the purposes of this subsection, require the production to the Registrar of the duplicate lease.

[8/2014]

(4)  The Registrar may, if he or she thinks fit, create a new folio or new folios for the whole or any part of the land comprised in one or more of the folios.

(5)  The Registrar may create a folio in respect of several parcels of land that are not contiguous if, in his or her opinion, the relative positions of those parcels can be sufficiently and conveniently shown on the plan filed with and approved by the Chief Surveyor.

(6)  The Registrar may create a single folio, qualified or unqualified as to title —

(a) for 2 or more parcels of land even though they may be of different tenure; or

(b) for one parcel of land, even if that parcel of land comprises land of different tenure.

(7)  Except as otherwise provided for in section 43, where, under this Act, the Registrar creates a new folio for land comprised in a previously created folio, he or she must cancel the previously created folio and may, for the purposes of this subsection, require the production to him or her of any certificate of title or duplicate lease.

[8/2014]

(8)  The Registrar has, and is deemed always to have had, power to cancel in such manner as he or she considers proper any entry or notification in the land‑register that he or she is satisfied does not affect the land to which the entry or notification purports to relate.

(9)  The Registrar must maintain a record of all dealings recorded in, or action taken in respect of, a computer folio and such other information (if any) relating to the folio as he or she thinks fit.

New folios of land-register

30.—(1)  The Registrar may create a new manual folio in the following cases:

(a) where, in the Registrar’s opinion, it is impracticable to make further endorsements on an existing manual folio;

(b) where the certificate of title of the land comprised in an existing manual folio has been mutilated or defaced or is in such condition that, in the Registrar’s opinion, it should not be delivered.

(2)  Where the land is comprised in a manual or computer folio, the Registrar may create a new folio —

(a) where, upon registration of a transfer or transmission, the transferee or applicant has become the proprietor of an undivided share as tenant-in-common of the whole of the land in an existing folio;

(b) where the same proprietor owns 2 or more parcels of land of the same tenure, or in the case of leasehold estates comprised in one or more State titles with the same expiry dates, and the parcels have been amalgamated and allotted with a new survey lot number by the Chief Surveyor;

(c) where the proprietor of any land comprised in one or more existing folios has lodged the certificates of title thereof and has requested the Registrar —

(i) to create a new folio for the land comprised therein;

(ii) to create new folios for separate parts of the land therein comprised in accordance with any lawful subdivision or layout, and the said parts have been assigned lot numbers as shown on the survey plan approved by the Chief Surveyor; or

(iii) to create a new folio comprising contiguous parcels in substitution for 2 or more existing folios;

(d) in any other case where the Registrar is authorised or considers it practicable to create a new folio.

[8/2014]

(3)  Upon the creation of a new folio, the Registrar must cancel the previous folio and must indicate thereon the serial number of the new folio or folios and the reason for its cancellation.

(4)  Subject to any agreement to the contrary, the proprietor in whose name a new folio is to be issued is, as between the proprietor and any person with whom the proprietor has dealt, liable for the cost of creating that folio.

(5)  A new folio created under this section may, if the circumstances so require, be qualified as to boundaries and dimensions and section 165 applies, with the necessary modifications, thereto.

Covenants restricting subdivision of land in State titles not to apply to registered land

31.  The provisions of the State Lands Act 1920 and the covenants or conditions under that Act prohibiting or restricting the division or partition of land do not apply to registered land.

[8/2014]

Creation of new folios of land-register on application of mortgagee or chargee

32.—(1)  Where the competent authority, or any other authority controlling or supervising the lawful subdivision of land, has granted subdivision approval for any land comprised in one or more folios which has been mortgaged or charged, any registered mortgagee or chargee (hereinafter called the applicant) may —

(a) with the written consent of the applicant’s registered mortgagor; or

(b) where default is made in the payment of the interest, principal or other moneys secured by the mortgage or charge or in payment of any part thereof,

make an application together with the certificate of title for the creation of new folios for the separate subdivided lots.

[8/2014]

(2)  Where the registered mortgagor has given consent for the application made by the registered mortgagee, the consent must be endorsed on the application form lodged with the Registrar for creation of the new folios in accordance with subsection (1).

(3)  Where the applicant is not the first registered mortgagee or chargee, the consent of mortgagees and chargees having priority to the applicant’s mortgage or charge must be endorsed on the application.

(4)  The Registrar need not be concerned to inquire whether —

(a) any default mentioned in subsection (1)(b) has occurred;

(b) notice has been given of the application for new folios under this section; or

(c) the right conferred upon the mortgagee or chargee under this section is otherwise properly or regularly exercised.

Contingent interests

33.—(1)  A new folio must not be created in favour of —

(a) a person entitled to a bare power of appointment over land; or

(b) a person or class of persons entitled only to a contingent interest in land.

(2)  Any instrument creating an interest mentioned in subsection (1) must be registered by entering a memorial thereof on the current folio evidencing the title to the land in question.

(3)  For the purposes of this section, persons entitled in default of execution of a power of appointment, or who are unascertained at the date of entry of such a memorial, are deemed to have contingent interests.

Certificates of title

34.—(1)  The Registrar may, if he or she thinks fit, from time to time issue a certificate of title for the land comprised in any folio and may, for the purposes of subsection (4), require the production of any existing certificate of title or other registered instruments.

(2)  A certificate of title must be in an approved form.

(3)  Every certificate of title must bear a serial number which shows clearly the distinctive reference allocated to the folio.

(4)  When the Registrar issues a certificate of title, he or she must cancel any certificate of title thereby superseded and produced or is otherwise available to him or her.

(5)  Despite subsection (1) but subject to subsection (6), the Registrar must issue a certificate of title for the land comprised in a folio upon the written request of —

(a) the registered proprietor of that land; or

(b) any registered mortgagee or chargee of that land.

(6)  A request made under subsection (5) does not require the Registrar to issue a certificate of title for the land comprised in a folio if a certificate of title for the land has been issued but has not been lodged with the Registrar.

Delivery of certificates of title, etc., after registration

35.  The Registrar may —

(a) deliver a certificate of title or any registered instrument and related documents in the Registrar’s custody to the person who lodged the documents unless that person has lodged an approved form with the Registrar authorising the Registrar to deliver the documents to some other person; and

(b) where the Registrar is unable to determine to whom the certificate of title or registered instrument and related documents should be delivered, deliver it to the person he or she considers best entitled to the certificate of title or registered instrument or document or may retain them in the Land Titles Registry, and thereafter deliver them to the party adjudged by a court to be entitled to them or to a firm of solicitors authorised in writing by the Law Society of Singapore by its authorised officer.

Land-register as evidence

36.—(1)  Every manual folio duly authenticated under the hand and seal of the Registrar —

(a) shall be received in all courts as evidence of the particulars therein set forth and that the land therein comprised has been duly brought under the provisions of this Act; and

(b) is conclusive evidence that the person named as proprietor therein or in any memorial thereon is, or was at the relevant time, entitled to the estate or interest in the land therein specified and described.

(2)  A print-out of a computer folio issued by the Registrar and bearing a facsimile of the Registrar’s seal —

(a) shall be received in all courts as evidence of the particulars therein set forth; and

(b) is conclusive evidence that the land therein comprised has been duly brought under the provisions of this Act and that the person named as proprietor therein or in any memorial thereon is, or was at the relevant time, entitled to the estate or interest in the land therein specified and described.

[4/2012]

(3)  Where, in a manual folio or a print-out of a computer folio, the estate or interest of a registered proprietor is expressed to be subject to —

(a) an estate or interest evidenced by an instrument;

(b) a provision of an instrument; or

(c) an enumerated provision of any Act,

the whole of the contents of that instrument, provision or enumerated provision (as the case may be) is deemed to be set forth at length in the folio or print‑out.

(4)  Where a copy of a manual folio duly certified by the Registrar as a true copy or a print‑out of a computer folio issued by the Registrar and bearing a facsimile of the Registrar’s seal is before a court in any action or suit, it has the same value in evidence as the original folio.

(5)  Where the Registrar is required by law to produce at any place or to any person a computer folio, the Registrar must comply with that requirement by issuing a print‑out of the computer folio and by causing the print‑out to be produced at that place or to that person.

Registration and priority of instruments

37.—(1)  The Registrar must register an instrument in the following manner:

(a) where the relevant folio is a manual folio — by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio and duly signed and sealed and dated by the Registrar;

(b) where the relevant folio is a computer folio — by entering a memorial in the computer folio containing the essential particulars of the instrument registered, including the date of registration,

except that where an instrument affects only a registered lease and no folio has been created for the land leased, it is sufficient for the purposes of this Act if the particulars of the instrument are recorded on that registered lease.

(2)  Where 2 or more instruments which affect the same land have been lodged for registration at the same time by the same person and are awaiting registration, the Registrar must register the instruments in the order in which the Registrar is requested in the lodgment application to do so by the person lodging the instruments.

(3)  Where 2 or more instruments which affect the same land have been lodged by different persons or by the same person at different times and are awaiting registration, the Registrar must, subject to subsection (4), register them in the order which would give effect to the intentions of the parties as expressed in, or apparent to the Registrar from, the instruments.

(4)  Where the intentions of the parties mentioned in subsection (3) appear to the Registrar to conflict, the Registrar must register the instruments in the order in which they were lodged in registrable form, or were made registrable, as the case may be.

(5)  When instruments affecting the same estate or interest in any land have been registered, they are, despite any express, implied or constructive notice, entitled to priority according to the order in which they are registered and not according to the date of the respective instruments.

(6)  For a manual folio, the memorial must bear the signature and seal of the Registrar or a facsimile thereof and the date of registration.

(7)  For a computer folio, the memorial need not bear the signature of the Registrar but must show the date of registration and must be authenticated in such manner as the Registrar considers appropriate.

(8)  Where registration has been effected under subsection (1)(a) or (b), the person who is named therein as taking an estate or interest becomes the proprietor of that estate or interest.

(9)  The Registrar, on being satisfied that any entry in the land‑register has ceased to affect the land to which it purports to relate, may of his or her own motion cancel that entry.

Restrictions on Registrar’s powers of registration

38.—(1)  The Registrar must not register any instrument purporting to transfer or otherwise to deal with or affect registered land except in the manner herein provided, nor unless the instrument is substantially in accordance with the provisions of this Act.

(2)  The Registrar must not enter in the land‑register a notification of any transaction the legal effect of which is personal only or which does not create a recognised interest in land.

[8/2014]

(3)  The Registrar must not register as proprietor any person or body other than a natural person, or a corporation, or a limited liability partnership, or a foreign state in the name of that state, or a body expressly empowered by statute to hold land.

[8/2014]

(4)  The Registrar must not accept for registration any instrument unless the fees prescribed in respect thereof have been deposited or partially paid or arrangements have been made for payment through the inter‑bank GIRO or other electronic means.

Proprietors under disability

39.—(1)  Where it appears to the Registrar that a person acquiring title under any instrument is an infant or is suffering from any other legal disability, the Registrar must notify the disability in the memorial of registration and in any new folio which may be created in favour of that person.

(2)  Where a disability has been so notified, the Registrar must not register any instrument executed by the person under disability unless the instrument gives effect to a transaction approved by the court or otherwise proved to the satisfaction of the Registrar to be within the capacity of that person.

Corporations and limited liability partnerships

40.—(1)  In favour of any purchaser of registered land, a corporation or a limited liability partnership is deemed to have the same powers of acquisition and disposition as a natural person of full age and legal capacity.

[8/2014]

(2)  This section applies to all corporations whether sole or aggregate, whether created by any written law or otherwise, and to all limited liability partnerships, and despite any stipulation, restriction, or qualification imposed in the constitution of the corporation or limited liability partnership (as the case may be) or elsewhere.

[8/2014]

(3)  Nothing in this section shall be held to diminish the personal liability of any individual or group of individuals controlling or responsible for the management of a corporation or a limited liability partnership for acting in excess of its corporate powers.

[8/2014]

(4)  Where a corporation or a limited liability partnership holds land in a fiduciary capacity, this section shall not be held to extend the powers of the corporation or the limited liability partnership in respect of that land nor otherwise to affect the liability of the corporation or the limited liability partnership to the beneficiaries for acting in excess of those powers.

[8/2014]

Death of party

41.  Where a party entitled to registration under an instrument dies before registration of the instrument, the Registrar may nevertheless register the instrument in the name of that party.

Entries on documents of title

42.—(1)  Where the Registrar has issued a certificate of title in respect of any registered land comprised in any folio, that document must be produced for the purpose of effecting registration of any instrument lodged in the Land Titles Registry and for the purpose of entering endorsements of the memorial of registration in that folio.

[8/2014]

(2)  The Registrar may dispense with production of a certificate of title mentioned in subsection (1) or a duplicate lease for any of the following purposes or in any of the following cases:

(a) for the entry of a caveat;

(b) for the registration of an enforcement order or order of court;

[Act 25 of 2021 wef 01/04/2022]

(c) for the registration of a statutory charge including a charge in favour of the Central Provident Fund Board;

(d) in any case where express provision to do so is made by this Act or any other written law;

(e) where satisfactory evidence has been furnished to show that the certificate of title or duplicate lease has been lost, mislaid, destroyed or is being improperly or wrongfully withheld;

(f) for the registration of any transfer or other instrument pursuant to a writ or order of court as defined in section 131;

(g) for the cancellation of an easement under section 106.

[8/2014]

(3)  In any case under subsection (2)(e), the Registrar may require the person seeking registration to —

(a) furnish evidence that the certificate of title or duplicate lease has not been deposited as security for a loan; and

(b) advertise (in such manner as the Registrar may direct) the application to dispense with production or the application for a new certificate of title under section 43.

[8/2014]

Replacement of certificates of title, etc.

43.—(1)  The Registrar may issue a new certificate of title or a new subsidiary certificate of title to replace —

(a) any certificate of title; or

(b) any subsidiary certificate of title or duplicate lease,

which has been lost, mislaid, destroyed or is being improperly or wrongfully withheld.

[8/2014]

(2)  Every new certificate of title or new subsidiary certificate of title issued under subsection (1) —

(a) must bear a new serial number allocated by the Registrar and only subsisting instruments and entries are to be shown on the folio;

(b) is as valid as the certificate of title, subsidiary certificate of title or duplicate lease (as the case may be) it replaces; and

(c) is usable for any purpose for which that certificate of title, subsidiary certificate of title or duplicate lease it replaces might have been used.

[8/2014]

(3)  An application for a new certificate of title or a subsidiary certificate of title may be made by the proprietor of the land comprised therein, or by any person claiming through the proprietor, to the Registrar in the approved form, and must be supported by such evidence as the Registrar may require.

[8/2014]

(4)  The Registrar may require an applicant to give notice of the applicant’s application by publishing, within 14 days after the date of that application, at the applicant’s cost, a copy of the application in one or more local daily newspapers circulating in Singapore.

[8/2014]

(5)  The Registrar may issue a new certificate of title or a new subsidiary certificate of title only upon being satisfied that the application is in order and there are no valid objections to the application.

[8/2014]

(6)  Upon the issuance of the new certificate of title or the new subsidiary certificate of title under subsection (1), the Registrar must cancel the previous folio and enter in that folio a notification of the issue of the new certificate of title or subsidiary certificate of title (as the case may be), and that notification cancels the certificate of title or subsidiary certificate of title which the new certificate of title or subsidiary certificate of title replaces for all purposes even though the replaced certificate of title or subsidiary certificate of title (as the case may be) may subsequently be recovered.

[8/2014]

(7)  Where a new folio has been created for a duplicate lease which has been lost, mislaid, destroyed, or is being improperly or wrongfully withheld, the Registrar must enter a notification in the original lease of the issue of the new folio, and that notification cancels the duplicate lease even though the duplicate lease may subsequently be recovered.

[8/2014]

Surrender of earlier certificate of title, etc., upon replacement

43A.—(1)  Where a certificate of title, subsidiary certificate of title or duplicate lease is declared to be lost, mislaid, destroyed or is being improperly or wrongfully withheld, and in place thereof a new certificate of title or a new subsidiary certificate of title is issued by the Registrar under section 43(1), any person having possession or custody of the certificate of title, subsidiary certificate of title or duplicate lease so replaced must surrender it to the Registrar for custody.

[8/2014]

(2)  Any person who fails to surrender to the Registrar any certificate of title, subsidiary certificate of title or duplicate lease mentioned in subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

[8/2014]

Disposal of antecedent documents or instruments following creation of folio

44.—(1)  Upon creating a folio for any land under the provisions of this Act, or where, in the Registrar’s opinion, documents or instruments lodged with the Land Titles Registry need no longer be retained, the Registrar —

(a) must return or deliver to the person from whom the Registrar received the documents or instruments or to any other person entitled thereto any documents or instruments lodged or deposited with the Registrar; and

(b) may, in relation to the documents or instruments that are retained —

(i) transfer them to the National Archives of Singapore to be preserved for historical purposes; or

(ii) subject to subsection (2), dispose or destroy them after having them microfilmed or imaged.

[8/2014]

(2)  The Registrar must not destroy any document or instrument unless with the authorisation of the National Library Board under section 17 of the National Library Board Act 1995.

[25/2012; 8/2014]

PART 5

EFFECT OF REGISTRATION

Division 1 — Indefeasibility and priority

Instruments ineffectual until registered

45.—(1)  No instrument until registered as in this Act provided is effectual to pass any estate or interest in land under the provisions of this Act.

(2)  Upon registration of an instrument the estate or interest therein specified passes, or the land becomes liable as security for the payment of money (as the case may be), subject to the covenants and conditions set forth in the instrument and capable of taking effect, and subject to such covenants and conditions as are by law declared to be implied in instruments of a like nature.

(3)  Nothing in this section is to be construed as preventing any unregistered instrument from operating as a contract.

(4)  This section applies despite the provisions of any written law for the compulsory acquisition or other statutory vesting of land.

Estate of proprietor paramount

46.—(1)  Despite —

(a) the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority; and

(b) any failure to observe the procedural requirements of this Act,

any person who becomes the proprietor of registered land, whether or not that person dealt with a proprietor, and despite any lack of good faith on the part of the person through whom that person claims, holds that land free from all encumbrances, liens, estates and interests except such as may be registered or notified in the land‑register, but subject to —

(c) any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State title thereof;

(d) any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any right on, above or under any land created before or after 1 March 1994 in favour of a public authority under any statute and any statutory easement implied under sections 98, 99, 101, 102 and 104 and section 10 of the State Lands Act 1920;

(e) any statutory obligation as defined in section 142;

(f) the power to correct errors conferred on the Registrar by section 159;

(g) the power to rectify the land-register conferred upon the court by section 160;

(h) the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, being a tenancy the term of which does not exceed 7 years and could not have been extended by exercise of the option of renewal to exceed an aggregate of 7 years; and

(i) the power conferred on the court to make a declaration in respect of any transfer or an order to rectify the land‑register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any related instrument by section 24 of the Residential Property Act 1976 in respect of any residential property (the expressions “transfer” and “residential property” having the meanings given by that Act).

[8/2014; 11/2015]

(2)  Nothing in this section shall be held to prejudice the rights and remedies of any person —

(a) to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or that proprietor’s agent was a party or in which that proprietor or that proprietor’s agent colluded;

(b) to enforce against a proprietor any contract to which that proprietor was a party;

(c) to enforce against a proprietor who is a trustee the provisions of the trust;

(d) to recover from a proprietor land acquired by him or her from a person under a legal disability which was known to the proprietor at the time of dealing; or

(e) to recover from a proprietor land which has been unlawfully acquired by him or her in purported exercise of a statutory power or authority.

(3)  Nothing in this section confers on a proprietor claiming otherwise than as a purchaser any better title than was held by the proprietor’s immediate predecessor.

(4)  For the purposes of subsection (1), “public authority” includes any corporation sole or body corporate incorporated under any written law.

Exoneration from effect of notice

47.—(1)  Except in the case of fraud, any person dealing with a proprietor or with a person who is entitled to become a proprietor is not required and need not in any manner be concerned —

(a) to inquire or ascertain the circumstances in or the consideration for which the current proprietor or any previous proprietor is or was registered;

(b) to see to the application of the purchase money or any part thereof; or

(c) to be affected by notice (actual or constructive) of any trust or other unregistered interest, despite any rule of law or equity to the contrary.

(2)  For the purpose of subsection (1), the knowledge that any unregistered interest is in existence is not of itself imputed as fraud.

(3)  The protection afforded by this section commences at the date of the contract or other instrument evidencing such dealing.

(4)  Section 15(2) and (3) of the Trustees Act 1967 does not apply to any dealing by a proprietor of registered land.

Priority determined by order of registration

48.—(1)  Except as provided in subsection (2) and section 27(6), interests appearing in the land‑register have priority according to the order of their registration or notification, irrespective of the dates of the instruments by which those interests were created or are evidenced.

(2)  Where an instrument was materially amended for compliance with the Registrar’s requirements, the priority of that instrument is determined by reference to the date of its rectification and acceptance as being in order for registration in the Land Titles Registry.

(3)  Interests notified on the folio may include mortgages, charges (including statutory charges) and leases registered in the Registry of Deeds.

[8/2014]

(4)  Any interest registered or notified in the land‑register may, by an instrument of postponement in the approved form, be postponed to any other interest so registered or notified.

(5)  Upon registration of an instrument of postponement, the interests of the parties concerned rank in priority in the order therein expressed except that no person holding any registered or notified interest is bound by such postponement unless the person is a party or has consented thereto.

(6)  An instrument of postponement may relate to the whole or any part of the land affected by the interest postponed.

Priority of unregistered interests

49.—(1)  Except in the case of fraud, the entry of a caveat protecting an unregistered interest in land under the provisions of this Act gives that interest priority over any other unregistered interest not so protected at the time when the caveat was entered.

(2)  Knowledge of the existence of an unregistered interest which has not been protected by a caveat is not of itself imputed as fraud.

(3)  For the purposes of this section, the lodgment of an instrument for registration under the provisions of this Act has the same effect as the entry, on the date of such lodgment, of a caveat protecting the interest claimed under that instrument.

(4)  Nothing in this section otherwise gives to any unregistered interest any greater effect than it may have under the instrument by which it was created.

(5)  Any priority conferred by this section on an unregistered interest is lost if the caveat or other instrument in respect of which it is claimed lapses, or is withdrawn, or is otherwise disposed of.

Division 2 — No title by adverse possession

No title by adverse possession

50.  Except as provided in section 174(7) and (8), no title to land adverse to or in derogation of the title of a proprietor of registered land is acquired by any length of possession by virtue of the Limitation Act 1959 or otherwise, nor is the title of any proprietor of registered land extinguished by the operation of that Act.

PART 6

INSTRUMENTS

Approved forms

51.—(1)  The forms from time to time approved by the Registrar must be used for all instruments intended to affect registered land.

(2)  The Registrar may register any instrument containing departures from an approved form and the instrument is deemed to be in a form approved by the Registrar.

Lodgment of instrument in electronic form

51A.—(1)  Subject to this section, an instrument may be lodged in such electronic form as may be approved by the Registrar.

(2)  A person must not lodge an instrument in electronic form unless the person is authorised by the Registrar to do so.

(3)  Every instrument lodged in electronic form under this section must be completed in such manner as may be required by the Registrar.

(4)  Where an instrument is lodged in electronic form under this section —

(a) it is the duty of the person who certifies the correctness of the instrument under section 59 to ensure that all particulars entered therein are complete and accurate; and

(b) the Registrar need not be concerned to inquire into the completeness or accuracy of the particulars as entered in the instrument and must, on acceptance of the instrument so lodged, register the instrument in accordance with those particulars.

Registration of mortgage, charge or lease

52.—(1)  Every mortgage, charge or lease presented for registration need not be lodged in duplicate except for a lease to be comprised in a manual folio.

(2)  Upon registration of any mortgage, charge or lease, the Registrar must enter a statement on the mortgage, charge or lease to the effect that it has been registered and, where such instrument is accompanied by a certificate of title, or lease the Registrar must —

(a) in the case of a manual folio or lease — endorse a memorial of the date of registration of the mortgage, charge, or lease on the certificate of title or lease, and deliver the duplicate certificate of title or duplicate lease to the person entitled to the custody thereof; and

(b) in the case of a computer folio — issue a new edition of the certificate of title showing the relevant entry of the memorial of registration of the mortgage, charge or lease and deliver a print-out of the certificate of title with such entry to the person entitled to the custody thereof.

(3)  In the absence of any express agreement to the contrary, the mortgagee, chargee or lessee is entitled to the custody of the certificate of title or duplicate lease.

Manner of holding by co-owners

53.—(1)  In every instrument affecting registered land, co‑tenants claiming under the instrument hold the land as joint tenants unless they are described as tenants‑in‑common; and if they are described as tenants‑in‑common, the shares in the registered land to be held by them must, subject to subsection (2), be specified in the instrument.

(2)  Persons described as tenants-in-common are, in the absence of any expression to the contrary, presumed to be entitled in equal shares.

(3)  Tenants-in-common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by an instrument of declaration in the approved form that they hold the estate or interest in their respective shares in the registered land as joint tenants of the entire estate or interest thereof.

(4)  Upon the registration of an instrument of declaration referred to in subsection (3) —

(a) where all the tenants-in-common of the entire estate or interest in the registered land are the declarants — the estate or interest which they held in their respective shares as tenants‑in‑common immediately before such registration vests in them as joint tenants; or

(b) where not all the tenants-in-common of the entire estate or interest in the registered land are the declarants —

(i) the estate or interest which the declarants held in their respective shares as tenants‑in‑common immediately before such registration vests in the declarants as joint tenants; and

(ii) the declarants and the other tenants‑in‑common continue to hold their estate or interest in their respective shares as tenants‑in‑common in accordance with subsections (1) and (2).

(5)  Without prejudice to any rule or principle of law relating to severance of a joint tenancy, any joint tenant may sever a joint tenancy of an estate or interest in registered land by an instrument of declaration in the approved form and by serving a copy of the instrument of declaration personally or by registered post on the other joint tenants.

(6)  Upon the registration of the instrument of declaration which has been duly served as required by subsection (5), the respective registered estates and interests in the registered land are held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant is deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the registered land as tenants‑in‑common in equal shares prior to the severance.

[8/2014]

(7)  Where a joint tenant holds an estate or interest in registered land on trust, the severance of the joint tenancy does not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust.

(8)  Where an application to register an instrument of declaration is made under this section, the Registrar may dispense with production of the document of title on such terms as the Registrar thinks fit and register the instrument if the Registrar is satisfied that the applicant is unable to produce the document of title on the basis that the applicant is unable to procure it despite the applicant’s best efforts.

Description of land

54.—(1)  Every instrument lodged for registration must refer to the folio and the lot intended to be dealt with.

(2)  Subject to section 54A, where a dealing referred to in an instrument affects part of any land comprised in a folio and such dealing does not contravene the provisions of the Planning Act 1998 or require the allocation of a new survey lot number by the Chief Surveyor for that part of the land, the instrument lodged for registration must be accompanied by a plan which will enable the land to be identified with certainty.

Obtaining of lot or strata lot number

54A.—(1)  Where a proprietor intends to sell part of a parcel of any land or part of a building, the proprietor must, after obtaining the approval of the relevant authority and before entering into a sale and purchase agreement for such part, either —

(a) obtain from the Chief Surveyor a lot or strata lot number for the proposed part; or

(b) deposit with the Registrar a schedule and plan of the proposed subdivision of the parcel or building showing the new property addresses.

(2)  Despite section 165, the Registrar must refuse to accept any caveat or charge or such other instrument for lodgment unless the proprietor has complied with subsection (1).

Memorandum of prior encumbrances

55.—(1)  Instruments intended to dispose of or to create any interest in registered land must contain in a memorandum of prior encumbrances a brief description of any interest affecting that land which has been registered or notified in the land‑register.

(2)  Failure to comply with subsection (1) does not prevent registration of the instrument unless, in the Registrar’s opinion, completion of the memorandum is necessary to indicate the order of registration of 2 or more instruments.

(3)  Any error in or omission from the memorandum of prior encumbrances does not operate to invalidate the registration of an instrument.

Proprietor must execute instrument

56.—(1)  Except as provided in subsection (2), every instrument purporting to dispose of or to create an interest in registered land must be executed by the proprietor or proprietors thereof named in the land‑register at the time of registration of the instrument.

(2)  This section does not prevent the registration of any instrument executed by —

(a) the survivor or survivors of joint proprietors;

(b) the personal representative of a deceased proprietor in severalty;

(c) the attorney or other agent authorised in accordance with Part 16;

(d) the sheriff or other officer of a court acting under a writ, order or decree of a court;

(e) the proprietor under the proprietor’s lawfully altered name where such name is different from that registered in the land-register; or

(f) any person empowered in that behalf, directly or indirectly, by this Act or any other written law or by an order of court.

[8/2014]

(3)  Before registering any instrument executed by a person other than the proprietor named in the land-register, the Registrar may require production of the instrument, authority or evidence empowering or enabling that person to execute.

Attestation and proof of execution

57.—(1)  Subject to subsection (3), the Registrar must accept as proof of due execution of an instrument intended for registration under this Act if the instrument is presented in the following manner:

(a) where a person, other than a party to the instrument, attests the instrument; or

(b) where the execution by a party is not apparently attested, the solicitor has signed the certificate of correctness mentioned in section 59, and —

(i) where such instrument is executed in Singapore — the Registrar must presume that it has been duly executed in the presence of the solicitor who has signed the certificate of correctness; or

(ii) where such instrument is executed outside Singapore — the Registrar must presume that the solicitor who signed the certificate of correctness is satisfied that the execution of that instrument has been attested.

(2)  The Registrar may, in any case in which he or she has reason to suspect impropriety or where the instrument is executed by a marksman or by a person who appears to be illiterate, require any of the parties to the instrument or that party’s respective witness to appear before the Registrar or before any person nominated by the Registrar for the purpose of proving the due execution of the instrument.

(3)  The Registrar may dispense with proof of due execution of an instrument intended for registration under this Act for any of the following purposes:

(a) for the entry, extension or withdrawal of a caveat;

(b) for the registration of —

(i) an enforcement order or an order of court; or

[Act 25 of 2021 wef 01/04/2022]

(ii) the withdrawal of an enforcement order or an order of court;

[Act 25 of 2021 wef 01/04/2022]

(c) for the cancellation of an enforcement order or order of court;

[Act 25 of 2021 wef 01/04/2022]

(d) for such other purpose as may be prescribed.

[8/2014]

Execution of instruments by corporations, etc.

58.—(1)  Subject to subsection (4), in favour of purchasers, an instrument dealing with registered land is deemed to have been duly executed by a corporation or a limited liability partnership if the seal of the corporation or limited liability partnership is affixed thereto in the presence of and attested by —

(a) in the case of the corporation (other than a limited liability partnership) — its secretary or other permanent officer, and a member of its board of directors, council or other governing body; or

(b) in the case of the limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership.

[8/2014]

(2)  Where a seal purporting to be the seal of a corporation or a limited liability partnership appears to have been affixed to an instrument in accordance with subsection (1), the instrument is deemed to have been executed in accordance with the requirements of this section.

[8/2014]

(3)  Any mode of execution or attestation authorised by law or by practice or by the written law, charter, memorandum or articles, deed of settlement or other instrument constituting the corporation or the limited liability partnership or regulating the affairs thereof is, in addition to the modes authorised by this section, effectual as if this section had not been enacted.

[8/2014]

(4)  Where an instrument dealing with land (whether registered or unregistered) is an electronic instrument, it is deemed to have been duly executed by a corporation or a limited liability partnership aggregate if it is executed in such manner and form as may be approved by the Registrar.

[8/2014]

Certificate of correctness

59.—(1)  The Registrar may reject any application to bring land under the provisions of this Act, or any other instrument purporting to deal with or to affect land (whether registered or unregistered), unless there is endorsed thereon a certificate by the parties to the instrument that it is correct for the purposes of this Act.

(2)  The certificate by any party to the instrument implies representations that to the best of the signatory’s knowledge and belief and insofar as he or she has any reasonable means of ascertaining —

(a) the instrument is made in good faith;

(b) the matters set forth therein are substantially correct; and

(c) in the case of —

(i) a person acquiring title — the person acquiring title thereunder accepts proprietorship and (unless otherwise expressed in the instrument) is of full age and legal capacity; or

(ii) a person divesting title — the person divesting title thereunder is the party entitled to divest the interest under the instrument and is of full age and legal capacity.

(3)  Where —

(a) a solicitor has been employed by a party to the instrument — the certificate mentioned in subsection (2) must be signed by the solicitor; or

(b) a solicitor has not been employed by a party to the instrument — the party himself or herself must sign the certificate mentioned in subsection (2) and if the party is a corporation or limited liability partnership, the certificate must be signed by a responsible officer of the corporation or limited liability partnership, as the case may be.

[8/2014]

(3A)  Where any instrument is executed by an attorney (within the meaning of Part 16) for a party to the instrument, the certificate by the attorney implies representations that, to the best of the belief of the attorney or (as the case may be) the solicitor employed, the attorney has the authority to act as the agent for and on behalf of the party in respect of that instrument.

(4)  Each certificate must indicate in legible characters —

(a) the name and capacity of the signatory; and

(b) where it is signed by a solicitor employed by the party to the instrument, the solicitor holds a practising certificate which is in force as at the date of the instrument.

(5)  Where the certificate is signed by any party (including a solicitor who is a party acquiring or divesting title under the instrument), or by a responsible officer of any corporation or limited liability partnership, divesting or acquiring title, the Registrar may require the person to appear before the Registrar and to furnish satisfactory evidence as to the person’s identity, capacity and authority.

[8/2014]

(6)  Any person who falsely certifies to the correctness of any instrument or caveat shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and such penalty does not prevent a person who may have sustained any damage or loss in consequence of errors or mistakes in any such certified instrument or caveat from recovering damages against the person who has certified the same.

[8/2014]

(7)  In any instrument which is registered under the provisions of this Act, any reference to “Certificate of Correctness” is to be construed as a reference to a certificate of correctness given under this section or any corresponding provision in any repealed enactment.

(8)  In this section —

“responsible officer” means —

(a) in the case of a corporation (other than a limited liability partnership) — its secretary or other permanent officer, or a member of its board of directors, council or other governing body; or

(b) in the case of a limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership;

“solicitor” means a solicitor who has in force a practising certificate issued under the Legal Profession Act 1966.

[8/2014]

Address for service of notices

60.—(1)  Every instrument by which a person becomes a proprietor of registered land and every caveat relating to dealings with land (whether registered or unregistered) must contain an address within Singapore to which may be sent any notice concerning the land authorised or required by this Act.

(2)  The proprietor or caveator may from time to time notify the Registrar in writing of any change of the proprietor’s or caveator’s address in such prescribed manner, and the Registrar must make an appropriate record of the change.

(3)  Section 72 of the Conveyancing and Law of Property Act 1886 does not apply to the service on a proprietor or on a caveator of any notice authorised or required by this Act.

Service of notices, etc.

60A.—(1)  Unless otherwise expressly provided in this Act, a notice that is required or authorised by this Act to be given to or served on a person may be given to or served on that person —

(a) by posting it or sending it by fax to that person’s address for service (within the meaning of this section) or to that person’s last known place of residence or business in Singapore;

(b) by leaving it at that person’s address for service (within the meaning of this section) or at that person’s last known place of residence or business in Singapore; or

(c) by publishing a copy of the notice in one or more local daily newspapers circulating in Singapore.

[8/2014]

(2)  The address of a person, specified in —

(a) any instrument by which that person becomes a registered proprietor; or

(b) any caveat lodged by or on behalf of that person,

may be regarded as that person’s address for service.

(3)  On being notified through any prescribed method or in writing by a registered proprietor or a caveator of any change of the registered proprietor’s or caveator’s address for service or place of residence or business in Singapore, the Registrar must make an appropriate record of the change of address.

[8/2014]

(4)  Where any notice or other document is —

(a) sent by fax in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed where there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the address for service or place of residence or business in Singapore, as the case may be;

(b) sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, even if it is returned undelivered; or

(c) served by publishing a copy of it in one or more local daily newspapers circulating in Singapore, it is deemed to have been duly served on the person to whom it is addressed on the day of the last publication.

[8/2014]

(5)  This section does not apply to notices and documents to be served in proceedings in court.

Instruments to take effect as deeds

61.—(1)  Upon registration, any instrument disposing of or creating an interest in registered land has the effect of a deed.

(2)  Nothing in this Act prevents a party to an instrument affixing the party’s seal thereto or giving to the instrument any additional form of solemnity not inconsistent with the provisions of this Act.

Covenants in instruments: Words of succession implied

62.—(1)  In instruments registered under the provisions of this Act, unless a contrary intention is expressed, covenants relating to land are deemed to be made by the covenantor and the covenantor’s successors in title with the covenantee and the covenantee’s successors in title and have effect as if such successors were expressly referred to therein.

(2)  Nothing in this section enlarges or extends the power of a covenantor to burden land in the hands of the covenantor’s successors in title.

PART 7

TRANSFERS

Form and effect of transfers

63.—(1)  The proprietor of an estate in land, or of a lease, mortgage or charge, may transfer the same by an instrument of transfer in the approved form, and upon the registration of such instrument the estate or interest of the transferor as therein set forth, together with all easements, rights and powers belonging or appertaining thereto, pass to and are vested in the transferee thereof as proprietor.

(2)  On the registration of any transfer of a mortgage or charge, the transferee becomes entitled to all of the rights, powers and remedies of the mortgagee or chargee expressed or implied in the mortgage or charge, including the right to recover any debt, sum of money, annuity or damages (even though the same may be deemed or held to constitute a chose in action), and all interest in any such debt, sum of money, annuity or damages vests at law as well as in equity in that person.

Transfers of land subject to mortgage or charge

64.—(1)  On the registration of a transfer of land subject to a mortgage or charge, and whether the transfer is executed by the transferee or not, there is implied a covenant by the transferee to —

(a) pay the moneys and to perform the obligations secured by the mortgage or charge;

(b) perform and observe the covenants and provisions thereof; and

(c) indemnify and keep harmless the mortgagor or chargor in respect of those moneys, obligations, covenants and provisions.

(2)  The covenant implied by this section may be negatived by an express statement in the transfer.

Estates for life and in remainder

65.—(1)  Registered land may be transferred for an estate for a life or lives (either with or without a power of appointment over the reversion or remainder), or for an estate in remainder expectant upon the determination of a life or lives, by an instrument of transfer in the approved form, modified as the circumstances may require.

(2)  Upon the registration of such a transfer, the Registrar must create a folio for the particular estate, or for the estate in reversion or remainder, or for both, as the transferee may require.

Merger of contract in transfer

66.  All obligations created by a contract for the sale of registered land are, upon registration of the transfer giving effect to the contract, deemed to have merged in that transfer unless express provision in writing is made to the contrary.

Merger of registered interests

67.  Where upon the registration of a transfer or other instrument the interests of —

(a) lessor and lessee;

(b) mortgagor and mortgagee; or

(c) chargor and chargee,

vest in the same proprietor, any intention to merge those interests must be evidenced by a surrender of lease, or by a discharge of mortgage or of charge, as the case may be.

PART 8

MORTGAGES AND CHARGES

Division 1 — Mortgages of registered land

Form and effect of mortgages and charges

68.—(1)  Registered land may be mortgaged to secure payment of a debt by an instrument of mortgage in the approved form.

(2)  Registered land may be charged to secure payment of a rentcharge, annuity or other periodical sum, or of any money other than a debt, by an instrument of charge in the approved form.

(3)  A mortgage does not operate as a transfer of the land mortgaged, but has effect as a security only.

(4)  There may be included in an instrument of charge such covenants or provisions as the parties think fit for disposing of the moneys which may arise on the exercise by the chargee of the chargee’s power of sale, either by setting aside the proceeds of sale or part thereof on investment to meet future periodical payments, or by payment to the chargee of such proceeds or part thereof being the estimated capital value of the chargee’s interest, or otherwise.

Application of Conveyancing and Law of Property Act 1886

69.—(1)  The provisions of Part 4 of the Conveyancing and Law of Property Act 1886 apply, with the necessary modifications, to mortgages and charges registered under the provisions of this Act.

(2)  In every mortgage of registered land (unless a contrary intention is expressed), there is deemed to be included the covenant and proviso implied by section 31 of the Conveyancing and Law of Property Act 1886.

(3)  For the purposes of this section, and without in any way limiting its generality, unless the context or subject matter otherwise indicates or requires, where used in the Conveyancing and Law of Property Act 1886 —

“conveyance” includes an instrument of transfer of registered land;

“deed” includes any instrument registered under this Act;

“mortgage” includes a mortgage or a charge registered under this Act, and “mortgagor” and “mortgagee” have corresponding meanings;

“reconveyance” includes a discharge in the approved form.

(4)  To the extent to which any provision of the Conveyancing and Law of Property Act 1886 is inconsistent with any provision of this Act, the provisions of this Act prevail.

Standard covenants and conditions applicable to mortgages

70.  Where the Authority, with the approval of the Minister, has under section 172 made rules to prescribe standard covenants and conditions which are to apply to mortgages, the prescribed covenants and conditions are from the date of operation of the relevant rule deemed incorporated in mortgages made on or after that date unless varied or negatived by express provision in the mortgage.

Submortgages

71.—(1)  In this section, “submortgage” means the mortgage of a mortgage and the mortgage of a charge.

(2)  Upon the registration of a submortgage, all acts, powers and rights which might previously have been done or exercised by the mortgagor or chargor thereunder in relation to the land may thereafter be done or exercised by the registered proprietor of the submortgage, and must not be done or exercised by the mortgagor or chargor thereunder during the currency of the submortgage.

(3)  A submortgage does not affect the rights or liabilities of a proprietor of the land who has not been given notice thereof.

Custody of documents of title

72.  A first mortgagee is, as between the mortgagee and the mortgagor, entitled to custody of the documents of title to the mortgaged land so long as any liability under the mortgage subsists, but upon a request by the mortgagor, and upon payment of the mortgagee’s proper costs and expenses, the mortgagee must produce such documents of title at the Land Titles Registry to allow the registration of any subsequent mortgage which is not prohibited by the terms of the prior mortgage, or of any other authorised dealing by the mortgagor.

[8/2014]

Transfers made in exercise of power of sale

73.—(1)  The Registrar must register in the manner prescribed by section 37 any transfer in the approved form by a mortgagee or chargee made in exercise of a power of sale, without being concerned to inquire whether default has occurred, or whether notice has been given, or whether the power was otherwise properly or regularly exercised.

(2)  Upon registration of such a transfer, the interest of the mortgagor or chargor as described therein passes to and vests in the transferee freed and discharged from all liability on account of —

(a) that mortgage or charge;

(b) any mortgage or charge registered subsequent thereto;

(c) any lease registered subsequent to the mortgage or charge mentioned in paragraph (a) and which is not binding on the transferor; and

(d) any interest which is registered or notified subsequent to the mortgage or charge mentioned in paragraph (a) (including any interest claimed under a caveat) and which is not binding on the transferor.

Application of proceeds of sale

74.—(1)  The money received by a mortgagee who has exercised the mortgagee’s power of sale, after discharge of prior encumbrances to which the sale is not made subject (if any), or after payment into court under the Conveyancing and Law of Property Act 1886 of a sum to meet any prior encumbrances, must be held by the mortgagee on trust to be applied —

(a) firstly, in payment of all costs and expenses properly incurred as incidental to the sale or any attempted sale, or otherwise;

(b) secondly, in discharge of the mortgage money, interest and costs, other money and liability (if any) secured by the mortgage; and

(c) thirdly, in payment of subsequent mortgages and charges (if any) in the order of their priority,

and the residue of the money so received must be paid to the person who appears from the land‑register to be entitled to the mortgaged property or to be authorised to give receipts for the proceeds of the sale thereof.

(2)  The money received by a chargee who has exercised the chargee’s power of sale, after discharge of prior encumbrances to which the sale is not made subject (if any), must be held by the chargee on trust to be applied —

(a) firstly, in payment of all costs and expenses properly incurred by the chargee as incident to the sale or any attempted sale, or otherwise;

(b) secondly, in accordance with any express provision in the instrument of charge (as authorised by section 68(4)) for disposing of such money and, in the absence of any express provision, in discharge of the money due to the chargee at the date of the sale; and

(c) thirdly, in payment of subsequent mortgages and charges (if any) in the order of their priority,

and the residue of the money so received must be paid to the person who appears from the land‑register to be entitled to the charged property or to be authorised to give receipts for the proceeds of the sale thereof.

(3)  Where by this section a mortgagee or chargee is required to account to a subsequent chargee for money arising on a sale, such money must be paid or applied in accordance with the express provision (if any) in the instrument of charge for disposing of such money, and, in the absence of express provision, in discharge of the money due to the chargee at the date of the sale.

Entry into possession

75.—(1)  If default is made in payment of the interest, principal or other money, secured by a mortgage or charge, or in payment of any part thereof, the mortgagee or chargee is, as against the mortgagor or chargor and those claiming through or under the mortgagor or chargor, entitled to enter into possession of the mortgaged or charged land and to receive the rents and profits thereof.

(2)  The power of entry into possession conferred by this section must not be exercised until one month’s notice has been given to the mortgagor or chargor.

(3)  Subject to this section, a mortgagee or chargee has the like remedies for obtaining possession of the mortgaged or charged land as are by law given to a landlord against a lessee or tenant whose term is expired or whose rent is in arrear.

(4)  Where a mortgagee or chargee has given notice of the mortgagee’s or chargee’s intention to enter into receipt of the rents and profits of the mortgaged or charged land to the tenant or other person liable to pay or account for them, the receipt in writing of the mortgagee or chargee is sufficient discharge for any rents and profits therein expressed to be received, and any person paying them is not bound and need not be concerned to inquire as to any default or other circumstance affecting the right of the mortgagee or chargee to give such notice beyond the fact of the mortgagee or chargee being duly registered as mortgagee or chargee of the land.

Foreclosure of mortgages

76.—(1)  In the interpretation of any law relating to foreclosure of mortgage, unless repugnant to the context —

(a) a mortgagor of registered land who is in default is deemed to have an equity of redemption; and

(b) a mortgagee of registered land has the same right to apply to the court for an order for foreclosure as if the land were not under the provisions of this Act and the mortgagee held a legal estate therein.

(2)  Where the court has made an order for foreclosure upon an application made by a mortgagee of registered land, the mortgagee in whose favour the foreclosure order is made must lodge an application in the approved form together with a duly certified copy of the court order with the Registrar for the purpose of registering the court order under this Part.

[8/2014]

(3)  The Registrar upon being satisfied that the court order is in order for registration must register the order by entering a memorial of the court order in the relevant folio.

(4)  The court order when so entered in the land‑register has the effect of vesting in the applicant mortgagee all the estate and interest of the mortgagor in the land referred to in the court order freed from all right and equity of redemption on the part of the mortgagor, and freed and discharged from all liability on account of any mortgage, charge or other interest, registered subsequently thereto except such leases or other interests as may be binding on the applicant mortgagee.

Right to discharge

77.—(1)  Upon fulfilling the obligations under a registered mortgage or charge, a mortgagor or chargor is entitled, subject to section 22 of the Conveyancing and Law of Property Act 1886, to obtain from the mortgagee or chargee a registrable discharge.

[8/2014]

(2)  A mortgagor or chargor is not bound to account to any person who has acquired an interest in the mortgage or charge unless the transfer or other instrument whereby that person became entitled has been registered and the mortgagor or chargor has been notified in writing of its registration.

(3)  For the purpose of enforcing the right to obtain a discharge conferred by this section, the mortgagor is deemed to have an equity of redemption.

Discharge of mortgages and charges

78.—(1)  The parties may agree to the discharge of —

(a) the whole of the mortgaged or charged land from a specified part of the principal sum or other money thereby secured;

(b) a part of the mortgaged or charged land from the whole of the principal sum or other money thereby secured; or

(c) the whole of the mortgaged or charged land from the whole of the principal sum or other money thereby secured, but without discharging the mortgagor or chargor from any personal obligation to pay that money.

(2)  A discharge of mortgage or charge in an approved form must be registered by entering a memorial thereof on the relevant folio whereupon the land is freed from the mortgage or charge and from all rights and powers of the mortgagee or chargee, either absolutely or to any lesser extent as expressed in the discharge.

(3)  Where a discharge was executed as a separate instrument in respect of a mortgage registered prior to 1 March 1994, the Registrar shall dispense with the production of the duplicate of the relevant mortgage.

Satisfaction of charges

79.—(1)  Upon —

(a) proof of the death of the annuitant, or of the occurrence of any other event or circumstance upon which the annuity or other money secured by a charge ceases to be payable; and

(b) lodgment of an application in the approved form with the Registrar for the entry in the relevant folio of a notification of satisfaction of the charge,

the Registrar must, upon being satisfied that there are no substantial arrears of the annuity or other money, enter in the land‑register a notification of satisfaction, and the land is thereupon freed from the charge and from all rights and powers of the chargee, but without discharging the chargor from personal liability for any money for the payment of which the chargor has omitted to account.

(2)  The Registrar may, in his or her discretion, accept a statutory declaration of the chargor, or other person having knowledge of the facts, in proof of the state of accounts between chargor and chargee.

(3)  The Registrar must not enter a notification of satisfaction of a charge under this section where the money unaccounted for exceeds the sum of $500.

[8/2014]

Tacking of further advances

80.—(1)  Despite any other provision of this Act, a prior mortgagee of registered land has the right to make further advances or give further credit or accommodation to rank in priority to subsequent mortgages —

(a) if the prior mortgage expressly authorises the making of further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation; or

(b) where the prior mortgage does not expressly authorise the making of such further advances, or the giving of credit in instalments or on a current, revolving or continuing account or other accommodation, if the subsequent mortgagee agrees to such further advances being made or credit or other accommodation being given.

(2)  Except as provided in this section, the right to tack does not apply to mortgages of registered land.

(3)  In this section —

“prior mortgage” includes a prior charge or a prior assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be;

“prior mortgagee” includes a prior chargee or a prior assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat;

“subsequent mortgage” includes a subsequent charge or a subsequent assignment which has been either secured by a mortgage or protected by a caveat registered or notified on the land‑register, as the case may be; and

“subsequent mortgagee” includes a subsequent chargee or a subsequent assignee in whose favour an estate or interest in respect of registered land was mortgaged, charged or assigned by way of mortgage, being a mortgage or charge which is registered or notified on the land‑register or claimed under a caveat.

Division 2 — Common law mortgages notified on land-register

Application of this Division

81.  This Division applies to a mortgage which was registered under the Registration of Deeds Act 1988 before the mortgaged land was brought under the provisions of this Act and the mortgage is notified on the relevant folio created for the land when the land is brought under the provisions of this Act either before or after 1 March 1994.

Application of sections 71 to 75 and 78 to 80

82.  Sections 71 to 75 and 78 to 80 apply, with the necessary modifications, to a mortgage to which this Division applies.

Mortgagee to execute transfer

83.—(1)  Where the mortgagee of a mortgage to which this Division applies has exercised the mortgagee’s power of sale, the mortgagee must execute a transfer in the approved form for the purpose of transferring all the estate and interest in the land to the purchaser.

(2)  Despite the provisions of the Registration of Deeds Act 1988, a conveyance of any land executed by a mortgagee of a mortgage to which this Division applies must not be registered under that Act.

Discharge of a mortgage, etc., notified on land-register

84.—(1)  An instrument in respect of any future dealing with a mortgage to which this Division applies (including a reconveyance and a conveyance of the mortgagee’s estate or a submortgage), or pursuant to such a mortgage, must not be registered under the Registration of Deeds Act 1988 except in respect of any dealing which has been executed by any party to the relevant instrument prior to 1 March 1994.

[8/2014]

(2)  Where the Registrar of Deeds has inadvertently accepted for registration any instrument for any dealing completed after 1 March 1994, the Registrar of Deeds may cancel the registration of the instrument after having given 21 days’ notice to the person who presented the instrument for registration unless in the case of any provisional registration of the instrument, the person has agreed to withdraw the instrument from registration.

Foreclosure of mortgages notified on land-register

85.—(1)  Where before or after 1 March 1994, the court has made an order for foreclosure in respect of a mortgage to which this Division applies, the mortgagee in whose favour the foreclosure order is made must —

(a) lodge an application in the approved form with the Registrar and not the Registrar of Deeds for the purpose of registering the court order; and

(b) furnish the Registrar with a duly certified copy of the order.

[8/2014]

(2)  The Registrar, upon being satisfied that the court order is in order for registration, must register the order by entering a memorial of the court order in the relevant folio.

(3)  A court order entered in the land-register under subsection (2) has the effect of vesting in the applicant mortgagee all the estate and interest of the mortgagor in the land referred to in the court order freed from all right and equity of redemption on the part of the mortgagor, and freed and discharged from all liability on account of any mortgage, charge or other interest registered subsequently thereto except such leases or other interests as may be binding on the applicant mortgagee.

(4)  The Registrar of Deeds may refuse to accept for registration a court order mentioned in subsection (1) and where the Registrar of Deeds has inadvertently accepted the order for registration, the Registrar of Deeds may cancel the registration of the order after having served 21 days’ notice on the person who presented the order for registration unless in the case of any provisional registration of the order, the person has agreed to withdraw the order from registration.

PART 9

LEASES

Application of this Part

86.—(1)  In the interpretation of this Part, unless the context otherwise indicates or requires, “lease” includes a sublease; but nothing in this Part is to be taken to authorise the breach of a covenant against subletting.

(2)  Part 3 of the Conveyancing and Law of Property Act 1886 applies, with the necessary modifications, to leases of registered land; but this Part does not apply to leases of land made before that land has been brought under the provisions of this Act except where such leases are to be varied, surrendered or determined under sections 91 and 92.

[8/2014]

(3)  Nothing in this Act affects any rule or principle of law relating to the quiet enjoyment of land by a lessee.

(4)  Where there are standard terms and conditions applicable to leases, those terms and conditions may be incorporated in a lease by express reference thereto and they will bind the respective lessor and lessee.

Form and registration of leases

87.—(1)  Registered land may be leased for any term of years exceeding 7 years by an instrument of lease in the approved form.

(2)  The Registrar must not register any lease unless —

(a) the term is expressed to exceed 7 years;

(b) the date of commencement of the term and its maximum duration are certain; and

(c) the lease purports to confer on the lessee exclusive possession of land.

(3)  For the purposes of this section —

(a) the fact that the term of a lease may be extended pursuant to an option must be taken into consideration in determining whether the term of the lease exceeds 7 years; and

(b) the fact that a lease for a specified period of time is determinable on the happening of an event within that time must not be taken into consideration in determining the term of the lease.

(4)  A lease is not unregistrable by reason only of the fact that the possession of the lessee is expressed to be non-continuous.

(5)  Nothing in this Part affects the law relating to tenancies for terms of 7 years or less.

Options for renewal and for purchase

88.—(1)  Registration of a lease containing an option for renewal or for purchase does not give the option (whether in the form of a covenant or otherwise) any greater effect than it would have had without such registration.

(2)  The memorial of registration of a lease containing an option must refer to the option.

(3)  After the determination of a lease containing an option, and whether or not the determination has been registered or notified on the land‑register, a purchaser of land affected by the lease need not be concerned to inquire whether any unregistered interest has been created pursuant to the option.

(4)  In registering or notifying the determination of a lease containing an option, the Registrar need not be concerned to inquire whether the option has been exercised.

Leases of mortgaged land

89.—(1)  A lease of registered land which is subject to a mortgage does not bind the mortgagee unless —

(a) the lease is expressly or impliedly authorised, either by the mortgage or by law; or

(b) the mortgagee consents to the lease.

(2)  This section does not entitle a mortgagee to refuse to produce the document of title (if in the mortgagee’s custody) to enable a lease by the mortgagor to be registered, but the production by a mortgagee of the document of title does not imply a consent to the lease.

[8/2014]

(3)  When evidence is furnished to the Registrar that a mortgagee has consented to a lease by the mortgagor, the Registrar must refer to that consent in the memorial of registration of the lease.

(4)  This section applies, with the necessary modifications, to leases executed by chargors of registered land.

Covenants against assigning and subletting

90.  The Registrar need not be concerned to consider whether or not any dealing by a lessee is made in breach of a covenant against assigning or subletting.

Surrender of leases

91.—(1)  A lease of registered land may be surrendered —

(a) by an instrument of surrender in the approved form; or

(b) by operation of law.

(2)  A surrender must be registered by the entry of a memorial on the relevant folio.

(3)  Registration of the surrender (whether consequent upon merger or otherwise) of a lease which is subject to a sublease does not extinguish the sublease, but the Registrar must enter a memorial of registration of the sublease on the relevant folio, and the estate evidenced by that folio is, to the extent and for the purpose of preserving such incidents and obligations as would otherwise have subsisted, deemed to be the reversion expectant on the sublease.

(4)  An instrument of surrender must be executed by the lessee and by any mortgagee or chargee of the term and must be accepted by the proprietor and by any mortgagee or chargee of the reversion.

(5)  A proprietor seeking registration of a surrender by operation of law has to apply to the Registrar in the approved form and must support the application by such evidence as the Registrar may reasonably require.

[8/2014]

Determination of leases

92.—(1)  Where a lease has been determined —

(a) by effluxion of time;

(b) by the happening of an event upon which the lease is expressed to determine; or

(c) by lawful re-entry and recovery of possession,

the lessor may apply to the Registrar in the approved form to have a notification of the determination entered on the relevant folio.

[8/2014]

(2)  An application under this section must be supported by evidence of the happening of the event or of the lawful re‑entry.

(3)  The Registrar may of his or her own motion enter a notification of the determination of a lease which has expired by effluxion of time.

Implied powers of lessors

93.—(1)  In every lease of registered land made under this Act, there are implied the following powers in the lessor:

(a) that the lessor or the lessor’s agents, may twice in every year during the term at a reasonable time of the day, upon giving the lessee 2 days’ previous notice, enter upon the leased premises and view the state of repair thereof, and may serve on the lessee a written notice of any defect, requiring the lessee within a reasonable time to repair the same in accordance with any covenant in that behalf expressed or implied in the lease;

(b) that, in default of the lessee repairing any defect according to notice, the lessor may from time to time enter the premises and effect the required repairs;

(c) that the lessor or the lessor’s agents, may at all reasonable times during the term, with workmen and others and all necessary materials and appliances, enter upon the leased premises or any part thereof for the purpose of complying with any written law affecting the premises and with any notices served on the lessor or the lessee by any public authority involving the carrying out of repairs or the doing of any work or other act which the lessee may not be bound, or, if bound, may neglect to do, and also for the purpose of exercising the powers and authorities of the lessor under the lease:

Provided that such repairs, work or other acts are carried out or done without undue interference with the occupation and use of the premises by the lessee;

(d) that where —

(i) the rent or any part thereof is in arrear for the space of 30 days (although no formal demand therefor has been made);

(ii) default is made in the fulfilment of any covenant, condition or stipulation, whether expressed or implied in the lease, and on the part of the lessee to be performed or observed, and such default is continued for the space of 30 days; or

(iii) the repairs required by a notice under paragraph (a) are not completed within the time therein specified,

the lessor may re-enter the leased premises (or on any part thereof in the name of the whole) and thereby determine the estate of the lessee therein, but without releasing the lessee from liability in respect of the breach or non‑observance of any such covenant, condition or stipulation.

(2)  The powers implied by this section may be varied or negatived by express provision in the lease.

(3)  This section must be read subject to any written law imposing restrictions or conditions on re‑entry or forfeiture or on ejectment of tenants.

(4)  Section 10 of the Conveyancing and Law of Property Act 1886 applies to a lease of registered land as if the powers implied by this section had been set forth or contained in the lease.

PART 10

EASEMENTS

Interpretation of this Part

94.—(1)  In this Part, “dominant tenement” and “servient tenement” mean, respectively, the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement.

(2)  Nothing in this Act is to be construed as altering the law relating to the natural rights to support, light, air, water, or to access to a highway, nor as altering any rule or principle of law which implies in the grant of an easement such ancillary rights as may be necessary for the effective enjoyment of the easement.

Licences not to be registered

95.—(1)  The Registrar must not register as an easement any instrument purporting to create an interest —

(a) of a kind which has not been recognised by law as an easement; or

(b) which is not expressed to be appurtenant to land (whether registered land or otherwise) of a person other than the proprietor or owner of the site of the easement.

(2)  The Registrar must not notify any licence in the land‑register, but in any case where a licence relating to the use or enjoyment of land is by law binding on assigns of the licensor, the licensee thereunder is deemed to have an interest in the land for the purposes of section 115.

(3)  An inadvertent contravention of this section does not give to any interest a greater operation or effect than the interest would have had without registration or notification.

Easements for installations

96.  For the purposes of this Act, the fact that a right to lay or maintain pipes or other installations through the land of a proprietor confers on the person or authority entitled to that right the exclusive possession or occupation of the soil, or of the space occupied by the pipes or other installations, does not of itself prevent the right of passage of matter or energy through the pipes or other installations being registrable as an easement.

Registration necessary for creation of easements

97.—(1)  An easement is not acquired over registered land by long‑continued user adverse to a proprietor, nor by prescription, nor by any presumption of a lost grant, nor by any implication of law except as may be provided in this Act or section 10 of the State Lands Act 1920; but where an easement is intended to be created, the proprietor may execute an instrument of grant in the approved form, or, if the easement is being created incidentally to a transfer or lease, by appropriate words in the transfer or lease.

[11/2015]

(2)  An instrument of transfer which reserves out of the land transferred an easement appurtenant to other land of the transferor is, upon registration, effective as a regrant of the easement to the transferor without execution of the instrument by the transferee.

(3)  The instrument creating an easement must indicate clearly —

(a) the nature of the easement and the extent of the land burdened by the easement;

(b) the dominant tenement; and

(c) the conditions, limitations and restrictions (if any) intended to affect the enjoyment of the easement.

(4)  The servient tenement must be described in accordance with section 54 except that where an easement relates to the passage of matter or energy through underground pipes, cables or other installations, which cannot conveniently be located, the Registrar may accept for registration an instrument in which the servient land is described approximately only.

(5)  An easement must be registered by the entry of a memorial thereof on the folio for the servient tenement.

(6)  A notification of the easement must be entered on the folio for the dominant tenement unless the proprietor thereof agrees to dispense with any notification.

(7)  Where a grant of an easement over registered land is expressed to be appurtenant to land which is not under the provisions of this Act, the Registrar need not be concerned to consider whether the person described therein as grantee is entitled to the land described as the dominant tenement if that person is expressed to be the owner for the time being of that land.

Power of court to create easements

97A.—(1)  The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will have the benefit of the easement.

[8/2014]

(2)  An order under subsection (1) may be made only if the court is satisfied —

(a) that the use of the land to which the benefit of the easement is to be made appurtenant will not be inconsistent with the public interest;

(b) that the proprietor of the land to be burdened by the easement can be adequately compensated for any loss or other disadvantage that will arise from the creation of the easement; and

(c) that all reasonable attempts have been made by the applicant to obtain the easement or an easement having the same effect directly from the proprietor of the land to be burdened by the easement.

[8/2014]

(3)  An order made under subsection (1) must specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate.

[8/2014]

(4)  The costs of the proceedings are payable by the applicant, unless the court otherwise orders.

[8/2014]

(5)  An easement created under this section does not bind the land to which the benefit of the easement is to be made appurtenant until it has been registered in accordance with section 97.

[8/2014]

(6)  In this section, “interested person” means a person with an interest in the land to which the benefit of an easement created under this section will be made appurtenant.

[8/2014]

Implied easements for passage of water, electricity, drainage, gas and sewerage for development

98.—(1)  There is implied in respect of each lot of land which forms part of the same development (called hereinafter the lot) as follows:

(a) in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot;

(b) as against the proprietor of the lot, and to which the lot is subject, easements for the passage or provision of water, electricity, drainage, gas and sewerage through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to every other lot capable of enjoying such easements.

(2)  All ancillary rights and obligations reasonably necessary to make the easements mentioned in subsection (1) effective are implied.

(3)  The easements implied by this section entitle the proprietor of the dominant tenement to enter on the servient tenement at all reasonable times to repair, renew or restore any sewers, pipes, cables, wires or ducts as appears necessary but the proprietor of the dominant tenement must make good any damage caused to the servient tenement.

(4)  In respect of all the easements implied by this section, there is also implied a covenant, binding all parties enjoying the benefit of such easements, to contribute to the cost of construction, maintenance or repair of the sewers, pipes, cables, wires or ducts — the subject of the easements — as if the easements and the covenant to contribute had been created by an instrument registered under this Act and, so long as such easements subsist, the covenant to contribute binds any successor in title enjoying the benefit of the easements except that such a covenant is not implied where the proprietor of any lot is able to show that that proprietor is entitled to enjoy the easements free from the liability to contribute.

(5)  Subsection (4) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.

(6)  Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.

(7)  The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.

(8)  In this section —

“development” means any land subdivided into 2 or more lots under section 12(3) of the Planning Act 1998 where those lots are affected by common easements for the passage or provision of water, electricity, drainage, gas or sewerage that are capable of being created as cross easements by an instrument and enjoyed as such by those lots;

“lot” means a parcel of land forming part of a development, to which the Chief Surveyor has allotted a survey lot number.

[8/2014]

Implied easements for right of way and other rights shown in subdivision plan

99.—(1)  Where the competent authority has approved the development and subdivision of any land comprised in an estate before or after 1 March 1994 and the subdivision plan has been submitted to the competent authority, there is implied, in respect of each lot of the estate which is used or intended to be used as a separate tenement, in favour of the registered proprietor of the lot and as appurtenant thereto, all the easements referred to in subsection (1A).

[37/2004]

(1A)  The easements which are implied under subsection (1) are all such easements of way and drainage, for party wall purposes and for the supply of water, gas, electricity, sewerage and telephone and other services to the lot on, over or under the lands appropriated or set apart for those purposes respectively on the subdivision plan submitted to the competent authority relating to the estate, as may be necessary for the reasonable enjoyment of the lot and of any building or part of a building at any time thereon.

[37/2004]

(2)  All ancillary rights and obligations reasonably necessary to make the easements referred to in subsection (1A) effective are implied.

[37/2004]

(3)  In respect of all the easements implied by this section, there is also implied a covenant binding all registered proprietors enjoying the benefit of such easements to contribute to the cost of maintenance or repair of the subject of the easements as if the easements and the covenant to contribute had been created by an instrument registered under this Act and so long as such easements subsist the covenant to contribute binds any successor in title enjoying the benefit of the easements except that in the case of the right to erect and maintain party walls, the implied covenant provided in this subsection binds only the registered proprietors of the lots on which party walls have been erected.

(4)  Subsection (3) does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the lot to which the liability is attached.

(5)  The easements implied by this section are enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) does not apply thereto.

(6)  Unity of seisin of 2 or more lots does not destroy the easements implied by this section but on the cessation of such unity, they continue in full force and effect as if the seisin had never been united.

(7)  The easements implied by this section do not apply to the lots in an estate where subdivision approval was given by the competent authority prior to 1 March 1994 and satisfactory documentary evidence has been produced to the Registrar of the completion of the transfer of any lot in the estate to a purchaser with easements expressly created in an instrument which has been executed and delivered to the purchaser.

(8)  In this section —

“estate” means any land which has been subdivided into lots under the Planning Act 1998, and includes —

(a) land intended for use as easements to be made appurtenant to other lots within the same estate as shown in the subdivision plan submitted to the competent authority; and

(b) undeveloped lots (if any) which are shown in the first subdivision plan submitted to the competent authority, each of which is capable of being subdivided as shown in one or more subsequent subdivision plans as and when submitted to or issued by the competent authority;

“lot” means a parcel of land forming part of an estate to which the Chief Surveyor has allotted a survey lot number and also described as a “plot” in a subdivision plan submitted to the competent authority.

[37/2004; 8/2014]

Extinguishment by union of tenements

100.—(1)  Except as provided in sections 98 and 99, where upon the registration of a transfer or other instrument, the same person becomes the proprietor for the same estate and in the same interest of both dominant and servient tenements, it is the duty of that proprietor to indicate the fact of such union of tenements in the instrument by which it is effected.

(2)  Upon the registration of the transfer or other instrument, the Registrar must, at the request of the proprietor, cancel the registration and notification of the easement except that where the survey lots have been amalgamated as one new survey lot by the Chief Surveyor pursuant to the application made by the proprietor to him or her, the Registrar must, as soon as he or she becomes aware of that amalgamation, cancel the registration and notification of the easement.

(3)  For the purposes of this section, parcels of land are not to be deemed to be held for the same estate and in the same interest while one of those parcels is subject to a registered mortgage, charge or lease.

Easements to pass on transfer without express mention

101.—(1)  Upon registration of a transfer or lease of land to which an easement is appurtenant, the easement passes to the transferee or lessee without any express mention in the transfer or lease.

(2)  Where a transfer of part of a dominant tenement contains an express agreement that the easement does not pass to the transferee, registration of the transfer operates to release the easement to the extent to which it had been appurtenant to the part transferred.

(3)  Except as provided in subsection (2), an easement, so long as it subsists, continues to be appurtenant to every part of the dominant tenement despite severance.

Contribution to repairs

102.—(1)  Where an instrument creating an easement contains a covenant binding either party to contribute to the cost of construction, maintenance or repair of any way, wall, drain or any other matter (the subject of the easement), then, unless a contrary intention is expressed in the instrument, so long as the easement subsists the covenant binds any successor in title to that party as if the successor had been a party to the original covenant.

(2)  This section does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.

(3)  For the purpose of subsection (2), any liability of a proprietor of an easement ceases from the time at which the person delivers to the proprietor of the servient tenement a registrable release of the easement.

Grant of right of way

103.—(1)  In an instrument purporting to create a right of way over registered land, the expressions “right of carriage way” and “right of footway” have the same effect as if there had been inserted in lieu thereof the words respectively contained in Parts 1 and 2 of the Schedule.

(2)  The expressions mentioned in subsection (1) do not have the meaning attributed to them by this section if any alteration is made in the expressions otherwise than by means of a proviso thereto.

Party walls

104.—(1)  In this section, “conveyance” has the meaning given by section 2 of the Conveyancing and Law of Property Act 1886, and includes instruments of transfer taking effect under this Act.

(2)  Where in a conveyance of land made by a person entitled to convey or to create easements in respect of a wall built on the common boundary of that land and adjoining land so that the boundary passes longitudinally through the wall (whether centrally or otherwise), the wall is described as a “party wall”, that expression means (unless a contrary intention appears) a wall severed vertically and longitudinally with separate ownership of the severed portions, and with cross easements entitling each of the persons entitled to a portion to have the whole wall continue in such a manner that each building supported thereby will have the support of the whole wall, and the conveyance operates to create such easements accordingly.

(3)  Upon the registration of the conveyance creating any party wall, the Registrar must include in a memorial entered for the conveyance on the relevant folio a reference to the creation of the party wall rights over the lot numbers as described in the conveyance.

Variation or release of easements

105.—(1)  An easement over registered land may be varied or released by an instrument in the approved form.

[8/2014]

(2)  Where an easement over unregistered land is made appurtenant to registered land, the easement may be varied or released in any manner in accordance with law.

[8/2014]

Power of court to vary or extinguish easements

105A.—(1)  The court may, on application by any person with an interest in a servient tenement, make an order to vary or extinguish wholly or in part the easement (including any implied easement) over the servient tenement.

[8/2014]

(2)  An order under subsection (1) may be made upon the court being satisfied —

(a) that by reason of a change of use of the land affected, as approved by planning permission within the meaning of the Planning Act 1998, or of changes in the character of the land or the neighbourhood, or other circumstances the court considers material, the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or

(b) that the proposed variation or extinguishment will not substantially injure the persons entitled to the easement.

[8/2014]

(3)  An order varying or extinguishing wholly or in part an easement under subsection (1) may direct the applicant to pay to any person entitled to the benefit of the easement such sum by way of compensation as the court may think just to award under one, but not both, of the following heads:

(a) a sum to make up for any loss or disadvantage suffered by that person in consequence of the variation or extinguishment;

(b) a sum to make up for any effect which the easement had at the time when it was imposed in reducing the consideration then received for the land affected by it.

[8/2014]

(4)  An order made under subsection (1) does not vary or extinguish wholly or in part an easement until an instrument in the approved form has been registered.

[8/2014]

Cancellation of easements

106.—(1)  The Registrar must cancel the registration or notification of an easement upon proof to his or her satisfaction that —

(a) any period of time for which the easement was intended to subsist has expired;

(b) any event upon which the easement was intended to determine has occurred; or

(c) the easement has been abandoned.

(2)  Where an application is made to the Registrar in the approved form and evidence is furnished to the Registrar of non-user of an easement for a period exceeding 12 years, the Registrar may, without further evidence of abandonment, give notice to the proprietor of the dominant tenement and, in the absence of objection by that proprietor within one month from the service of the notice, treat the easement as abandoned.

PART 11

TRANSMISSIONS

Transmission on death of proprietors in severalty

107.—(1)  Personal representatives or any other person claiming land of a deceased proprietor may apply in the approved form to become registered as proprietors by transmission of the land, and upon proof of their representation or claim, the Registrar must enter on the folio a memorial of registration in accordance with section 37.

(2)  An application under this section by a person claiming land of a deceased proprietor otherwise than as personal representative must not be registered unless it can be established to the satisfaction of the Registrar that a transfer to that person by the personal representative is not reasonably practicable.

(3)  The Registrar may register a transmission application by the Public Trustee acting in the Public Trustee’s capacity under section 6 of the Public Trustee Act 1915 in the administration of an estate in respect of which representation has not been taken out.

(4)  For the purposes of this section, “personal representative” includes —

(a) the administrator of an executor; and

(b) the executor of an administrator.

Dealings without transmission

108.  Upon production of the grant of probate of the will or letters of administration of the estate of a deceased proprietor, the Registrar may, without requiring a transmission application, register —

(a) any transfer by the personal representative expressed to be made —

(i) pursuant to a devise in the will of the proprietor;

(ii) in exercise of a power of appropriation of the assets of the proprietor;

(iii) pursuant to an appointment of new trustees of the proprietor;

(iv) by way of distribution under the intestacy of the proprietor; or

(v) pursuant to a contract entered into by the proprietor in his or her lifetime;

(b) a discharge of a mortgage or charge of which the deceased person was the proprietor; and

(c) a surrender of a lease of which the deceased person was the proprietor.

Full number of personal representatives required

109.—(1)  Despite the existence of any law empowering less than the full number of personal representatives to deal with the estate of a deceased person, the Registrar must not register any dealing under section 108 nor any transmission application made by less than the full number of personal representatives then living except that, where in a grant of probate leave has been reserved to one or more executors to come in and prove, the Registrar need not be concerned to inquire whether double probate has been granted.

(2)  An executor who has neglected to become registered as proprietor after obtaining a grant of double probate may nevertheless join in or consent to instruments executed by his or her co‑executors.

Transmission on bankruptcy

110.—(1)  Subject to subsection (1A), the Official Assignee claiming land under a bankruptcy order against a proprietor or under an order for administration in bankruptcy of the estate of a deceased proprietor may apply in the approved form to become registered as proprietor by transmission of the land so claimed, and upon production of a duly certified copy of that order, the Registrar must enter on the folio a memorial of registration in accordance with section 37.

[8/2014]

(1A)  The Official Assignee must make an application under subsection (1) before exercising the Official Assignee’s rights under the Insolvency, Restructuring and Dissolution Act 2018 to sell the property.

[40/2018]

(2)  Despite the provisions of any written law relating to bankruptcy for the time being in force, the vesting of registered land pursuant to proceedings thereunder is subject to the registration of a transmission application as provided in this section.

(3)  For the purposes of this Act, any dealing with land of which the Official Assignee is the proprietor may be executed by the Official Assignee for the time being.

Caveats by Official Assignee

111.  Where the Official Assignee is entitled to take possession of land of a proprietor under a bankruptcy order, or under an appointment of an interim receiver, the Official Assignee may lodge a caveat under section 115.

[8/2014]

Bankruptcy: Effect of disclaimer, discharge and annulment

112.  Despite the provisions of any written law relating to bankruptcy for the time being in force, no disclaimer, nor order for the discharge of a bankrupt, nor order for the annulment of a bankruptcy order, operates to divest the Official Assignee of registered land of which the Official Assignee is the proprietor until the Official Assignee has executed and caused to be registered such transfers or other instruments as may be necessary to give effect to any such disclaimer or order.

[8/2014]

Effect of transmission

113.  On registration of any transmission application in accordance with this Part —

(a) the estate and interest of the former proprietor, as set forth in the land‑register, together with all easements, rights and powers, thereto belonging or appertaining, pass to and are vested in the person so registered as proprietor; and

(b) that person holds the land in trust for the persons and purposes for which it is applicable by law; but for the purpose of any dealing under the provisions of this Act, and despite the fact that that person’s description may indicate a fiduciary capacity, that person is deemed to be the absolute proprietor of the land.

Notice of death or defeasance

114.—(1)  Upon the death of a joint tenant or of a life tenant of registered land, the proprietor who has become entitled to that land consequent upon that death may apply in the approved form to have the death notified in the land‑register.

(2)  Upon proof to his or her satisfaction of such a death, the Registrar must make such entries in the land-register as may be necessary to indicate that the interest of the deceased proprietor has determined, and that the land has become vested in the survivor or other person entitled in reversion or remainder, as the case may be.

(3)  Where a person has become entitled to registered land consequent upon defeasance of the interest of the proprietor of that land, and under circumstances in respect of which no express provision is made by this Act for registration of the interest of that person, that person may apply for such registration in the approved form.

(4)  Section 29 of the Estate Duty Act 1929 applies to registered land, and upon the death of a joint tenant or a life tenant of registered land, the Commissioner of Estate Duties is not required to register any instrument of charge claiming an interest in the land for estate duty payable.

PART 12

CAVEATS

Caveats may be lodged

115.—(1)  Any person claiming an interest in land (whether or not the land has been brought under the provisions of this Act), or any person otherwise authorised by this Act or any other written law to do so, may lodge with the Registrar a caveat in the approved form which must include the following particulars:

(a) the names of the caveator and the caveatee;

(b) an address in Singapore at which notices may be served on the caveator and the caveatee;

(c) nature of the interest claimed by the caveator;

(d) the grounds in support of the claim;

(e) the nature of the prohibition of the dealing in land;

(f) the lot affected by the caveat and, where that lot is comprised in a folio, the folio;

(g) where the caveat relates to only part of the land, such description of that part as will enable it to be identified to the satisfaction of the Registrar;

(h) if the caveator is a purchaser or sub-purchaser of the interest in the land, the amount of the purchase price and the date of the caveator’s contract or the date on which the caveator exercised the option to purchase the interest in the land, as the case may be;

(i) the particulars required by section 19 of the Residential Property Act 1976.

[8/2014]

(2)  A caveator may, according to the extent of the caveator’s interest, prohibit the registration under this Act of any dealing affecting the land against which the caveat is directed, either —

(a) unless the dealing is expressed to be subject to the interest claimed by the caveator; or

(b) unless the caveator or some person nominated by the caveator in the caveat has consented in writing to the registration.

[8/2014]

(3)  For the purposes of this Part, and without limiting its generality, a reference to a person claiming an interest in land includes a reference to any of the following persons:

(a) any person who has an interest in the proceeds of sale of land, not being an interest arising from a judgment or order for the payment of money;

(b) a person who has obtained an injunction in respect of an estate or interest in land.

(4)  Nothing in this section enables a caveator or a person nominated by the caveator in a caveat under subsection (2)(b) to withhold consent to any dealing which a caveatee may lawfully make.

Controller of Residential Property may lodge caveat

115A.  For the purposes of section 25 of the Residential Property Act 1976, the Controller of Residential Property (within the meaning of that Act) may, when directed by the Minister under section 25A of that Act, lodge with the Registrar a caveat over a lot in the approved form prohibiting the registration under this Act, during the period specified by the Minister in a condition imposed when granting approval under section 25 of that Act, of any dealing affecting the land against which the caveat is directed unless the Controller, or some person nominated by the Controller in the caveat, has consented in writing to such registration.

[35/2010; 8/2014]

Provisional notification of caveats

116.  Where a caveat is lodged with the Registrar and before it has been accepted by the Registrar as being in order for notification, the Registrar must —

(a) if the caveat relates to land not yet brought under the provisions of this Act — provisionally enter the particulars thereof in the Caveat Index;

(b) if the caveat relates to a manual folio — provisionally enter the particulars thereof on the folio; and

(c) if the caveat relates to a computer folio of the land‑register — provisionally enter the particulars thereof in the Caveat Index and on the folio.

Notification of caveats

117.—(1)  Where the particulars of a caveat have been provisionally entered in the Caveat Index or a folio or both, and the caveat is subsequently accepted by the Registrar as being in order for notification, the Registrar must —

(a) if the caveat relates to land not yet brought under the provisions of this Act — expeditiously sign and date the entry of the particulars of the caveat in the Caveat Index;

(b) if the caveat relates to a manual folio — expeditiously sign and date the entry of the particulars of the caveat in the folio;

(c) if the caveat relates to a computer folio — date the entry of the particulars thereof in the Caveat Index and in the computer folio,

and notify the caveatee that the caveat has been lodged and accepted by the Registrar.

(2)  When any land specified in a caveat which has been notified in the Caveat Index is brought under the provisions of this Act and the caveat is notified in the land-register, the Registrar must as soon as practicable make the appropriate entry in the Caveat Index to indicate clearly the folio created for the land.

(3)  If upon investigation it is found that a caveat does not comply with the requirements of this Act, the Registrar must give notice to the caveator of the matters in respect of which it is deficient, and if, within a period of not less than 14 days from the date of the service of the notice, the caveat is not rectified, it is deemed to have been withdrawn.

(4)  The Registrar must cancel the entry of the notification of a caveat mentioned in subsection (3) in the Caveat Index or the land‑register, as the case may be.

(5)  The Registrar need not be concerned to consider whether or not a caveator’s claim is justified.

[8/2014]

Caveats lodged before initial registration

118.—(1)  Before bringing land under the provisions of this Act, the Registrar must cause a search to be made for caveats in the Caveat Index, and upon creating a folio for that land must notify thereon any caveat appearing from the search to affect it.

(2)  In the case of a primary application or of an application for cancellation of a caution, the Registrar may, before giving effect to the application, require the applicant to get in, or otherwise to dispose of, the interest claimed under any inconsistent caveat.

Effect of caveats

119.—(1)  Subject to subsections (2) and (3), a caveat which is in order for notification in the land-register at the date of its lodgment takes effect from that date.

(2)  Where a caveat is lodged against any land which has not yet been brought under the provisions of this Act, that caveat does not operate to prohibit the registration of dealings affecting that land until it becomes registered land.

[8/2014]

(3)  For the purposes of according priority to a caveat which has been lodged under the provisions of this Act and is amended subsequent to its date of lodgment —

(a) where it is materially amended subsequent to its date of notification in the Caveat Index before the land becomes registered land, the caveat has priority in accordance with section 48 upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117; or

(b) where it is materially amended at any time after its lodgment against the relevant folio, the caveat has priority upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117.

(4)  Except as otherwise provided for in section 129(1), the Registrar must not register any dealing which is prohibited by the caveat for so long as the caveat remains effective.

[8/2014]

Effect of lodgment of a dealing affecting interest claimed in a caveat

120.—(1)  Upon lodgment of a dealing the registration of which is prohibited by a caveat, the Registrar must serve on the caveator a notice of the Registrar’s intention, at the expiration of 30 days from the date of the service of the notice, to register the dealing, and the Registrar must so register the dealing unless within the period of 30 days —

(a) an order has been obtained from the court extending the operation of the caveat for such further period as may be specified in the order or for such further periods as may be specified in subsequent orders made by the court and the order or a duly certified copy thereof is served on the Registrar; or

(b) the dealing has been uplifted or withdrawn or otherwise becomes incapable of registration.

[8/2014]

(2)  For the purpose of this section, a dealing is not deemed to have been lodged for registration until (except for the presence of a caveat) it is in order for registration.

(3)  Where, after the service of the notice under subsection (1), the dealing to which the notice relates is uplifted, or withdrawn, or otherwise becomes incapable of registration, the effect of the notice is cancelled and the caveat is restored to its former efficacy.

Lapsing of caveats

121.—(1)  A caveat lapses and ceases to affect land —

(a) at the expiration of the period of 30 days (or of such further period as the court may direct) from the date of the service of the notice given under section 120; or

(b) at the expiration of 5 years from the date of the lodgment of the caveat, or where an extension is validly claimed under section 122, at the expiration of each further 5‑year period mentioned in section 122.

(2)  Where a dealing in favour of the caveator is lodged and accepted by the Registrar, and the caveator states either personally or by the caveator’s solicitor or attorney that the interest in the land affected under the dealing is similar to that in the caveat, the dealing may be registered by the Registrar, and upon its registration, the related caveat lapses and ceases to have any effect.

(3)  Despite the absence of any statement made by the caveator or by the caveator’s solicitor or attorney that the caveator’s interest is similar to that affected under the dealing as provided in subsection (2), the Registrar may register the dealing under the following circumstances:

(a) in the case of a dealing disposing of an estate or interest in land — if the Registrar is satisfied that the estate or interest to which the caveator claims to be entitled would, on the dealing being registered, vest wholly in the caveator;

(b) in the case of an instrument of mortgage or charge — if the Registrar is satisfied that the estate or interest which the caveator claims as mortgagee or chargee is one and the same interest mortgaged or charged in the instrument of mortgage or charge and the caveator may be registered as the mortgagee or chargee.

[8/2014]

(4)  Where, after effecting service of a notice of the intention to register a dealing in accordance with section 120(1), the Registrar registers the dealing that does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates or exhaust the intended functions of the caveat, the caveat is deemed to have lapsed only to the extent necessary to permit the registration.

(5)  Where a caveat has lapsed either wholly or partially, the Registrar must enter in the Caveat Index or the land‑register (as the case may be) an appropriate notification of the lapsing.

(6)  The lapsing of a caveat under subsection (1) does not prevent the lodgment of a fresh caveat in respect of the same matter.

(7)  Where a caveat has lapsed under subsection (1)(a), any further caveat lodged in respect of the same estate or interest in land claimed under that lapsed caveat and purporting to be based on the same facts as the lapsed caveat (other than a fresh caveat lodged against any person except the caveatee named in the lapsed caveat) has no effect unless the caveator has obtained permission of the court to lodge the further caveat, and that order or a duly certified copy of that order has to accompany the further caveat when it is lodged with the Registrar.

[8/2014]

[Act 25 of 2021 wef 01/04/2022]

(8)  The Registrar need not be concerned with the validity of the further caveat mentioned in subsection (7) and if such further caveat is lodged without being accompanied by the order as mentioned in that subsection, the caveator is liable to pay compensation to any person who sustains pecuniary loss that is attributable to such an act or omission in complying with that subsection.

(9)  Subsection (1)(b) also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.

(10)  The Registrar may, after registering the dealing under subsection (3)(a) or (b), cancel the caveat.

Extension of caveats

122.—(1)  At any time before a caveat has lapsed, a caveator may lodge an extension of caveat in the approved form claiming the same interest as that shown in the caveat and where such an extension of caveat has been lodged and notified in the land‑register, the caveat does not lapse until —

(a) the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the land‑register; or

(b) where more than one extension of caveat has been lodged and notified on the land‑register before the expiration of each 5‑year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio.

(2)  Where an extension of caveat mentioned in subsection (1) is accepted for notification in the land‑register, the Registrar must make an appropriate notification showing clearly the relationship between the extension of caveat and the caveat affected.

(3)  The Registrar must not accept an extension of caveat for the purpose of extending the period of validity of a prior caveat unless the nature of the claim in the extension of caveat is the same as that disclosed in the caveat.

(4)  The Registrar need not be concerned to consider or enquire into the validity of each claim except to satisfy himself or herself that the claim expressed in each extension of caveat is similar to that expressed in the immediately prior caveat.

(5)  This section also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.

(6)  Where an extension of caveat is accepted for notification on the land-register, the Registrar must notify the caveatee.

Service of notices on caveator

123.—(1)  Where under this Part provision is made for the service on the caveator of a notice relating to a caveat lodged under any provision of this Part, or to any proceedings in respect of such a caveat, the notice is duly served if it is served in one of the following ways:

(a) the notice is served on the caveator personally;

(b) the notice is left at or sent by registered post to —

(i) the address specified in the caveat;

(ii) where an address has been notified to the Registrar in respect of the caveat under subsection (2), that address or, if more than one address has been notified in respect of the caveat under that subsection, the last of the addresses so notified;

(c) if the caveat was signed on behalf of the caveator by an agent other than a solicitor, the notice is left at or sent by registered post to the business or residential address in Singapore of that agent;

(d) if the caveat was signed on behalf of the caveator by a solicitor, the notice is left or sent by registered post to the office of the solicitor in Singapore;

(e) the notice is served in any other manner, whether by advertisement or otherwise, as the Registrar may direct in writing.

[8/2014]

(2)  A person entitled to withdraw a caveat lodged under this Part may, at any time before the caveat is withdrawn, notify the Registrar —

(a) using the approved form, of a change in the name of the caveator specified in the caveat; or

(b) in writing, of a change in the address specified in the caveat for service of notices,

whereupon the Registrar must record the change of name or address on the folio or in any other manner which the Registrar may direct.

[8/2014]

Order for security, etc.

124.  In any proceedings in respect of a caveat, the court may —

(a) order that the caveator give an undertaking or security that the court considers sufficient to indemnify every person against any damage that may be sustained by reason of any disposition of the property being delayed or to answer the costs of the caveatee;

(b) direct the Registrar to delay registering any instrument dealing with the land, mortgage or encumbrance during the time the order of the court provides;

(c) direct the caveator to take further proceedings by action or otherwise on the caveator’s caveat; or

(d) make any other order considered just.

Notifications for lapsing, cancellation or extension of caveats

125.  The Registrar must make the appropriate notifications in the land-register or the Caveat Index of any lapsing, cancellation or extension of any caveat when such event has taken effect.

Withdrawal of caveats

126.—(1)  A caveat may be withdrawn either wholly or as to part of the land thereby affected by an instrument of withdrawal signed —

(a) by the caveator or the caveator’s authorised agent including a solicitor acting on the caveator’s behalf;

(b) where the caveator is a natural person who has died, by his or her personal representative or the trustee of the caveator’s estate;

(c) where 2 or more caveators claim to be entitled as joint tenants to the estate or interest protected by the caveat and one or more (but not all) of them has died, by the surviving caveator or caveators;

(d) where the caveator is adjudicated a bankrupt, by the Official Assignee; or where the caveator is a corporation or a limited liability partnership and is in liquidation, and the estate or interest claimed by the caveator has become vested in the liquidator, by the liquidator;

(e) where the caveator lacks capacity within the meaning of the Mental Capacity Act 2008 —

(i) by a donee of a lasting power of attorney which is granted by the caveator under the Mental Capacity Act 2008, and under which the caveator confers on the donee authority to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or

(ii) by a deputy who is appointed or deemed to be appointed for the caveator by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or

(f) by the solicitor acting for any of the persons mentioned in paragraphs (b), (c), (d) or (e).

[21/2008; 8/2014; 16/2016]

(2)  The Registrar need not be concerned to satisfy himself or herself whether or not a solicitor who signs an instrument of a withdrawal of a caveat as solicitor for the caveator or for the person mentioned in subsection (1)(b), (c), (d) or (e) has the authority to withdraw the caveat.

(3)  An instrument of withdrawal of a caveat, which is lodged with and accepted as being in order by the Registrar, takes effect from the date of the notification in the records maintained by the Registrar, either as notified in the Caveat Index or the land‑register, as the case may be.

Remedies of caveatee

127.—(1)  At any time after the lodgment of a caveat, the caveatee may summon the caveator to attend before the court to show cause why the caveat should not be withdrawn or otherwise removed, and the court may make such order, whether in the absence of the caveator or otherwise, as seems just.

[Act 25 of 2021 wef 01/04/2022]

(2)  A caveatee who contends that a caveat has been lodged, or is being allowed to remain, vexatiously or frivolously or not in good faith, may lodge with the Registrar an application to that effect, whereupon the Registrar must give notice to the caveator that he or she intends to cancel the notification of the caveat, and the Registrar must cancel it unless within 30 days from the date of the service of the notice an order by the court to the contrary is served on the Registrar.

[8/2014]

(3)  In any case in which the Registrar, after giving the notice under subsection (2) to the caveator, does not cancel the notification of a caveat under this section, the Registrar must inform the caveatee that the Registrar has withdrawn or extended the time of the notice of intended cancellation, as the case may be.

(4)  A caveator who has been given notice under subsection (2) may, at any time during the currency of the notice, apply to the court for relief, and the court may make such order in the premises as seems just.

(5)  Subsections (2), (3) and (4) apply only to caveats affecting registered land.

(6)  For the purposes of this section, a person claiming an estate or interest in the land under another caveat is deemed to be a caveatee.

Compensation payable for wrongfully lodging caveats, etc.

128.—(1)  Any person who wrongfully, vexatiously or without reasonable cause —

(a) lodges a caveat with the Registrar;

(b) procures the lapsing of such a caveat; or

(c) being the caveator, refuses or fails to withdraw such a caveat after being requested to do so,

is liable to pay compensation to any person who sustains pecuniary loss that is attributable to an act, a refusal or a failure referred to in paragraph (a), (b) or (c).

(2)  The compensation mentioned in subsection (1) is recoverable in proceedings taken in a court by the person who claims to have sustained the pecuniary loss.

(3)  A person who is a caveator is not entitled to bring proceedings under subsection (1)(b) if that person, having had an opportunity to do so, has failed to take all reasonable steps to prevent the caveat from lapsing.

(4)  For the purposes of this section, a caveator is deemed to allow a caveat to remain without reasonable cause if the caveator fails to withdraw it within 7 days of the day on which the caveator’s right to the interest claimed terminates.

Registration of dealings in land

129.—(1)  A subsisting caveat lodged to protect any estate or interest in land does not prohibit the registration or notification of any of the following dealings in respect of the same estate or interest in the land:

(a) a change or correction in the name or particulars of a registered proprietor;

(b) a transfer of land in favour of the President by way of surrender for the purpose of reissuing one or more fresh State titles;

(c) a vesting of land under section 81 of the Housing and Development Act 1959;

(d) a statutory vesting of mortgage under section 145(3);

(e) a postponement of a mortgage or a charge, or a postponement of a registered mortgage or a registered charge;

(f) a total or partial discharge of a mortgage or a charge, or a total or partial discharge of a registered mortgage or a registered charge;

(g) a cancellation or withdrawal of the registration of a writ or an order of court under section 134 or 136;

(h) an application for a new certificate of title or subsidiary certificate of title under section 43 or as otherwise provided under this Act;

(i) an application for a certificate of title or subsidiary certificate of title for a leasehold estate comprised in a registered lease;

(j) a strata title application made under the Land Titles (Strata) Act 1967;

(k) an application for notional shares in land under section 84E of the Land Titles (Strata) Act 1967;

(l) an application made to a Strata Titles Board, or any order made by a Strata Titles Board or the court, under Part 5A of the Land Titles (Strata) Act 1967;

(m) a cancellation of the notification of an application for an order for collective sale made to a Strata Titles Board under Part 5A of the Land Titles (Strata) Act 1967;

(n) an application to cancel a Registrar’s caution prohibiting assurance of a provisional lot under section 31(3) of the Land Titles (Strata) Act 1967.

[8/2014]

(1A)  In addition, except insofar as it otherwise specifies, a subsisting caveat lodged to protect any estate or interest in land does not prohibit the registration or notification of any of the following dealings in respect of the same estate or interest in the land:

(a) a vesting pursuant to compulsory acquisition under section 143;

(b) a transfer of land sold under section 144;

(c) a transfer or lease executed by a mortgagee or chargee, or a registered mortgagee, or a registered chargee, under a mortgage or charge registered or notified and subsisting prior to the lodgment and notification of the caveat in the land‑register, pursuant to a power of sale or lease contained in the mortgage or charge or conferred on the registered mortgagee or registered chargee under this Act;

(d) a transfer of a mortgage or charge, or a registered mortgage or registered charge;

(e) a variation of a mortgage or charge, or a registered mortgage or registered charge;

(f) a transmission upon death of a registered proprietor, notice of death of one or more joint tenants, a transmission upon a registered proprietor being adjudicated a bankrupt or on the vesting in the Official Receiver of a corporation’s or limited liability partnership’s estate or interest in land upon the effective date of its winding up;

(g) easements or restrictions which are not expressly prohibited by the caveat, or any variation thereof (including an extension of the duration of restrictions under section 141);

(h) a total or partial release or extinguishment of any easements or restrictions;

(i) in relation to a lease lodged in registrable form and accepted before the lodgment of the caveat, a dealing effected by the lessee pursuant to a right conferred by the lease or by or under any existing law;

(j) a dealing effected by a lessee, mortgagee or chargee under a lease, mortgage or charge to the registration of which lease, mortgage or charge the caveator has consented or such lease, mortgage or charge has been made subject to the interest of the caveator as claimed in the caveat, being a dealing relating to the lease, mortgage or charge.

[8/2014]

(2)  For the purpose of subsection (1A), where the Registrar registers a dealing that —

(a) completely disposes of the estate of the registered proprietor in the land to which the caveat relates — the caveat lapses and ceases to have any effect; or

(b) does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates — the caveat is deemed to have lapsed only to the extent necessary to permit such registration.

[8/2014]

(3)  For the purposes of subsection (2), a registration made under section 107, 110 or 114 is deemed not to dispose completely of the estate of the registered proprietor whose estate is transmitted under those sections.

(4)  In this section —

“mortgage”, “mortgagee” and “mortgagor” are as defined in section 69;

“mortgage” includes a “submortgage”, “mortgagee” includes a “submortgagee” and “mortgagor” includes a “submortgagor”;

“registered mortgage” means a mortgage registered under the Registration of Deeds Act 1988 and notified on the land-register and includes a charge so registered and notified; and a “registered mortgagee” has the corresponding meaning as in section 69.

[8/2014]

Right to injunction not affected

130.  Nothing in this Part is to be construed as preventing or restricting a caveator from applying for and obtaining from a court an injunction for the purpose of —

(a) restraining the Registrar from registering a dealing the registration of which is prohibited by the caveat; or

(b) restraining another caveator or any party to an action or suit in which the court orders the withdrawal or removal of a caveat or in which it declines to extend the currency of a caveat from lodging another caveat in the same matter.

[8/2014]

PART 13

ENFORCEMENT ORDERS AND ORDERS OF COURT

[Act 25 of 2021 wef 01/04/2022]

Interpretation of this Part

131.  In this Part, unless the context otherwise requires —

“enforcement order” means an enforcement order against land issued by a court having jurisdiction to issue such an order, and, where the context admits, includes renewal of an enforcement order and a second or subsequent enforcement order on the same judgment;

[Act 25 of 2021 wef 01/04/2022]

“order” includes any rule or decree of any court;

“Sheriff” includes any officer directed by a court to execute an enforcement order against land.

[Act 25 of 2021 wef 01/04/2022]

[Deleted by Act 25 of 2021 wef 01/04/2022]

Enforcement orders and orders not binding unless registered

132.—(1)  An enforcement order, or an order of court directing, appointing or empowering some person other than the proprietor to sell or otherwise to deal with or dispose of registered land, does not bind or affect such land until particulars of the enforcement order or order have been entered in the land‑register.

[Act 25 of 2021 wef 01/04/2022]

(2)  An entry referred to in subsection (1) constitutes a memorial of registration within the meaning of section 37.

(3)  The person seeking registration must lodge with the Registrar a duly certified copy of the enforcement order or order together with an application indicating the titles in respect of which registration is required.

[8/2014]

[Act 25 of 2021 wef 01/04/2022]

(4)  The registration of an enforcement order or an order enables the Sheriff or other person named therein to execute instruments registrable in accordance with this Act.

[Act 25 of 2021 wef 01/04/2022]

(5)  An enforcement order must not be registered unless it has been lodged for registration within 6 months of the date of its issue.

[Act 25 of 2021 wef 01/04/2022]

(6)  Where an enforcement order has been registered then, until its registration has been cancelled in accordance with this Act, a renewal of that enforcement order, or a second or subsequent enforcement order on the same judgment, must not be registered.

[Act 25 of 2021 wef 01/04/2022]

Dealings by judgment debtors

133.—(1)  The registration of an enforcement order does not prevent the lodgment of instruments executed by the judgment debtor, but any such instrument must not be registered until registration of the enforcement order has been cancelled as in this Act provided.

[Act 25 of 2021 wef 01/04/2022]

(2)  A renewal of an enforcement order, or any second or subsequent enforcement order on the same judgment, must not be registered while any instrument executed by the judgment debtor is awaiting and is otherwise in order for registration.

[Act 25 of 2021 wef 01/04/2022]

Lapsing of enforcement orders

134.—(1)  Registration of an enforcement order lapses, and the power of the Sheriff to execute registrable instruments pursuant thereto is extinguished, at the expiration of one year from the date of the registration of the enforcement order, and the land thereupon ceases to be bound thereby.

[Act 25 of 2021 wef 01/04/2022]

(2)  Subsection (1) does not prevent the registration of a renewal of an enforcement order, or of a second or subsequent enforcement order issued on the same judgment.

[Act 25 of 2021 wef 01/04/2022]

(3)  Nothing in this Act enables a judgment creditor by a succession of enforcement orders on the same judgment to bind land for an uninterrupted period exceeding one year.

[Act 25 of 2021 wef 01/04/2022]

(4)  Upon the lapsing of the registration of an enforcement order, the Registrar must, on an application made by the proprietor or of anyone claiming through the proprietor in an approved form, cancel the registration of the enforcement order.

[Act 25 of 2021 wef 01/04/2022]

(5)  The lapsing of the registration of an enforcement order does not prevent the registration of any instrument executed pursuant thereto and lodged for registration prior to such lapsing.

[Act 25 of 2021 wef 01/04/2022]

Land sold pursuant to enforcement orders

135.—(1)  The interest in registered land which may be sold in execution under an enforcement order is the interest which belongs to the judgment debtor at the date of the registration of the enforcement order.

[Act 25 of 2021 wef 01/04/2022]

(2)  For the purpose of determining the interest in land which belongs to a judgment debtor —

(a) any interest in that land purported to be created subsequent to the date of the registration of the enforcement order; and

[Act 25 of 2021 wef 01/04/2022]

(b) any interest in that land created prior to the date of the registration of the enforcement order, and not notified in the land-register nor protected by caveat at least 3 clear days before the date of the sale,

is void against a purchaser of the land at the sale in execution under the enforcement order.

[Act 25 of 2021 wef 01/04/2022]

(3)  Land must not be sold in an execution under an enforcement order until the expiration of 30 days from the date of the registration of the enforcement order.

[Act 25 of 2021 wef 01/04/2022]

(4)  Where land is sold under this section, a transfer must be lodged in favour of the purchaser, and where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and create a new folio in favour of the transferee.

[8/2014]

Withdrawal and satisfaction of enforcement orders and orders

136.—(1)  An enforcement order or order of court may be withdrawn by the judgment creditor or other person for whose benefit it was issued, and the Registrar must, upon receipt of an application made in the approved form, cancel the registration of that enforcement order or order of court.

[Act 25 of 2021 wef 01/04/2022]

(2)  Upon production to him or her of sufficient evidence of the satisfaction of an enforcement order, the Registrar must cancel the registration thereof.

[Act 25 of 2021 wef 01/04/2022]

(3)  Before registering a withdrawal or a satisfaction of an enforcement order, the Registrar may require evidence that the enforcement order has not been put in force.

[Act 25 of 2021 wef 01/04/2022]

Vesting orders

137.—(1)  In all cases where a vesting order affecting registered land would be made under the Trustees Act 1967, the court may, in accordance with section 51 of that Act, make an order appointing a person to execute such transfers or other instruments as may be necessary to give effect to the vesting.

(2)  After the registration of that order under section 132, any instrument so executed has effect as if it had been executed by such proprietors of the land intended to be dealt with thereunder as would be necessary to pass the registered title of the estate or interest in question.

PART 14

RESTRICTIVE COVENANTS

Interpretation of this Part

138.  In this Part —

“dominant land” means the land to which the benefit of a restriction is annexed;

“restriction” means a restriction on the user of registered land created expressly by a covenant other than a covenant contained in a mortgage, charge or lease;

“servient land” means the land subject to the burden of a restriction.

Notification of restrictions

139.—(1)  Any proprietor entitled to burden registered land with restrictions may do so by an instrument in the approved form and, subject to this section, the Registrar must enter a notification of the restrictions on the folio comprising the servient land.

(2)  Unless so notified a restriction does not bind assigns of the land affected thereby.

(3)  The Registrar must not enter a notification of any such instrument unless —

(a) obligations which it purports to create are negative or restrictive; and

(b) the instrument clearly indicates the dominant and servient land.

(4)  The Registrar may refuse to enter a notification of an instrument purporting to create a restriction if the obligations contained in the instrument are in part positive or affirmative.

(5)  An instrument containing a restraint on the right of a proprietor to alienate or otherwise to dispose of land must not be notified on the land‑register under this section.

(6)  The notification of an instrument containing a restriction which would not have been binding on assigns of the servient land does not give the instrument any greater operation or effect than it would have had without that notification.

(7)  The Registrar must not enter on the folio a notification of any restriction contained in an instrument executed before the servient land was brought under the provisions of this Act unless the restriction appears to be enforceable wholly or in part against assigns of that land.

(8)  The Registrar may, upon the application of the proprietor of the servient land, or of his or her own motion, cancel the notification of an instrument creating a restriction which has become unenforceable against assigns of that land, or which for any reason should not have been notified.

Release and variation of restrictions

140.—(1)  The burden of a restriction may be released wholly or in part, and the obligation created by a restriction may be varied, by an instrument in the approved form executed by the proprietor for the time being of the dominant land and by any person having a registered interest in that land.

(2)  Upon application by the proprietor of the servient land, the Registrar must enter a notification of that instrument on the relevant folio.

(3)  Where the dominant land is not under the provisions of this Act, the Registrar need not be concerned to investigate the title to that land.

(4)  The entry of a notification of an instrument of release or variation does not give the instrument any greater operation or effect than it would have had without such entry.

(5)  Without prejudice to subsection (1), upon the application of any person interested in land affected by a restriction, the court has power, by order, wholly or partially, to extinguish or vary the restriction, upon being satisfied —

(a) that by reason of a change of use of the land affected, as approved by planning permission within the meaning of the Planning Act 1998, the continued existence of the restriction will impede the development of the land for public or private purposes; or

(b) that the proposed extinguishment or variation will not materially injure the person entitled to the benefit of the restriction.

[8/2014]

(6)  An order extinguishing or varying a restriction under subsection (5) may direct the applicant to pay to any person entitled to the benefit of the restriction such sum by way of compensation as the court may think just to award under one, but not both, of the following heads:

(a) a sum to make up for any loss or disadvantage suffered by that person in consequence of the extinguishment or variation;

(b) a sum to make up for any effect which the restriction had at the time when it was imposed in reducing the consideration then received for the land affected by it.

(7)  On an application to the court under subsection (5), the court is to give any necessary directions as to the persons who are or who are not to be admitted (as appearing to be entitled to the benefit of the restriction) to oppose the application.

(8)  Any order made under subsection (5) is binding on all persons whether ascertained or of full age and capacity or not, then entitled, or thereafter capable of becoming entitled, to the benefit of any restriction which is extinguished, varied or dealt with, and whether those persons are parties to the proceedings or have been served with notice or not.

(9)  An order may be made under subsection (5) notwithstanding that any instrument which is alleged to impose the restriction intended to be extinguished, varied or dealt with may not have been produced to the court and the court may act on such evidence as it may think sufficient.

(10)  For the purposes of subsection (5), the court may dispense with personal service and may order service to be effected by an advertisement in any one or more daily newspapers or in such other manner as the court thinks fit.

(11)  The Registrar must enter on the relevant folio a notification of any order of court extinguishing wholly or in part a restriction already notified thereon, or varying the provisions of such a restriction, if the order or a duly certified copy thereof is produced to him or her for that purpose and upon entry of the notification, the restriction is extinguished or varied to that extent.

[8/2014]

Duration of restrictions

141.—(1)  Unless extended in the manner provided by this section, a restriction (other than a restriction mentioned in subsection (2)) ceases to be enforceable against assigns of the servient land at the expiry of 20 years from the date of entry of a notification thereof on the land‑register.

(2)  Where a restriction was created before bringing the servient land under the provisions of this Act and the owner of the servient land is not the covenantor, the restriction ceases (unless extended in the manner provided by this section) to be enforceable against the owner or assigns of the servient land at —

(a) the expiry of 20 years from the date of creation of the restriction;

(b) the expiry of 5 years from the date of entry of a notification thereof on the land‑register; or

(c) the expiry of 24 months from 20 August 2001,

whichever expires the latest.

(3)  A notification on the land‑register in respect of any restriction must be cancelled by the Registrar after the restriction ceases to be enforceable under subsection (1) or (2).

[8/2014]

(4)  A restriction which has not become unenforceable may from time to time be extended by an instrument in the approved form executed by any person having an interest in the dominant land and entitled to the benefit of the restriction, and the Registrar must notify any such extension on each folio on which the restriction is notified, and on the document of title if produced for that purpose.

[8/2014]

(5)  Each instrument of extension may prolong the duration of a restriction for a period of 10 years from the date on which the instrument of extension has been notified in the land-register.

(6)  Where for any reason (other than the expiration of the period referred to in subsection (1) and of any extension of that period) a restriction would have become unenforceable, an instrument of extension does not prolong the duration of the restriction beyond the time for which it would otherwise have enured.

(7)  Where the dominant land is not under the provisions of this Act, the Registrar, for the purpose of entering a notification of any instrument of extension executed by a person claiming to have an interest in that land, need not be concerned to investigate the title to that land.

(8)  A notification of any instrument of extension mentioned in subsection (7) does not prolong the duration of the restriction unless the person executing the instrument of extension was, at the relevant time, entitled to the interest which the person claimed to have.

(9)  Any restriction extended under this section enures for the benefit of every person who, during the period of the extension, is entitled to an interest in the dominant land.

PART 15

STATUTORY ACQUISITION AND SALE

Statutory obligations

142.—(1)  For the purposes of this section, “statutory obligation” means —

(a) any charge on land; and

(b) any order, award, determination, notification, resolution, by‑law or proclamation affecting the title to or restricting or otherwise affecting the user of land or prescribing or authorising any act or thing to be done on land,

under the provisions of any written law or regulations made thereunder, and which is intended to bind successive owners of the land.

(2)  A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the approved form.

(3)  The Registrar must give effect to the statutory obligation by entering a notification of the particulars thereof on the relevant folio or other document of title claimed to be affected by the statutory obligation, and on the document of title if produced for that purpose.

[8/2014]

(4)  The notification of an instrument of statutory obligation does not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.

(5)  Nothing in this section affects the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.

(6)  A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $500 or 10% of the value of the land on which it is charged.

(7)  Where any money due under a statutory obligation is in arrears, there may be added to the amount due the costs of notification of an instrument of statutory obligation.

(8)  This section does not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made under section 172.

Compulsory acquisition of registered land

143.—(1)  For the purposes of this section, “public authority” means the Government, the Collector, and any other person, corporation or body, authorised or empowered by any written law to acquire land compulsorily.

(2)  Where registered land has been acquired by any public authority otherwise than by purchase or agreement, an instrument of acquisition in the approved form, executed by that authority or by an officer appointed by the authority in that behalf, may be lodged with the Registrar.

[8/2014]

(3)  The Registrar need not be concerned to inquire into the regularity or validity of the acquisition, but upon registration thereof the estate or interest acquired vests in the public authority according to the tenor of the instrument of acquisition.

(4)  On registration of an instrument of acquisition, the Registrar must cancel the registration of all encumbrances including any mortgage, charge or lease thereby overreached and must, if so requested, cancel the folio (and the certificate of title thereof if produced for that purpose) and must create a new folio for the estate or interest not affected by the acquisition.

(5)  Whenever a public authority that has become the proprietor of registered land so requests, the Registrar must endorse on the relevant folio a notification to the effect that the land has become vested in the Government as State land, and has ceased to be subject to the provisions of this Act.

Sale of land for revenue or rates

144.—(1)  Where registered land is sold under —

(a) Part 2 of the Land Revenue Collection Act 1940; or

(b) section 39 of the Property Tax Act 1960,

the Collector or the Comptroller of Property Tax (as the case may be) may execute a transfer in the approved form, and neither the purchaser of the land nor the Registrar need be concerned to inquire whether the provisions of the relevant Act relating to the sale or transfer have been complied with, nor otherwise to inquire into the regularity or validity of the sale or transfer.

(2)  Upon registration of that transfer, the land vests in the transferee for the estate therein set forth, freed and discharged from all trusts, obligations, estates, interests, charges and rates that have not been entered in the memorandum of prior encumbrances in the transfer, but subject to any subsisting exceptions, reservations, covenants and conditions contained or implied in the State title.

[8/2014]

(3)  Where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and must create a new folio in favour of the transferee.

(4)  Section 14(1), (2) and (4) of the Land Revenue Collection Act 1940 does not apply to transfers pursuant to this section.

Statutory vesting not elsewhere provided for

145.—(1)  Subject to subsection (3), whenever by the operation of any Act, either directly or by reason of anything done in pursuance thereof, registered land becomes vested in some person other than the proprietor, either alone or jointly or in common with the proprietor, the Registrar must, upon application by that person and upon such evidence as the Registrar considers sufficient, enter in the land‑register a memorial of registration of the vesting.

(2)  This section does not apply to any vesting for the registration of which express provision is made by this Act.

(3)  Despite subsection (1), where a certificate of approval has been issued under section 14A of the Banking Act 1970 effecting a bank merger, the Registrar must, upon application in an approved form by the bank issued with the certificate of approval and accompanied by such evidence as the Registrar considers sufficient, enter in the land‑register a notification of the vesting of the mortgages transferred to that bank under the provisions of the Second Schedule to the Banking Act 1970.

[8/2014]

PART 16

POWERS OF ATTORNEY

Interpretation of this Part

146.  In this Part, “attorney” means any person appointed by an instrument under seal to act as the agent for or on behalf of a principal in relation to transactions with registered land, whether the agent is called attorney, receiver, broker, factor or otherwise and, where the context admits, “power” means the instrument by which an attorney is appointed.

Registration of instruments executed by attorneys

147.—(1)  On lodgment for registration of any instrument executed by an attorney, the Registrar may require the power of attorney or a duly certified copy thereof to be exhibited to him or her, and in case of doubt, or where the Registrar suspects impropriety, may require the execution of the power to be proved.

[8/2014]

(2)  Where a power of attorney has been deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886, no further proof of execution is required by the Registrar.

(3)  Before registering any instrument executed by an attorney, the Registrar may require either —

(a) that the power of attorney or a true copy thereof be deposited in the Registry of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886; or

(b) that a duly certified copy delivered out of the Supreme Court under section 48 of the Conveyancing and Law of Property Act 1886 be lodged in the Land Titles Registry for inspection or for permanent record.

[8/2014]

(4)  As between an attorney and any purchaser from the attorney of registered land, and despite any agreement or stipulation to the contrary, there is implied an undertaking by the attorney to comply, at the attorney’s own expense (or that of the attorney’s principal), with all reasonable requirements of the Registrar made under this section.

Exoneration of purchasers

148.—(1)  In favour of a purchaser of registered land claiming through an instrument executed by an attorney, the power under which the attorney purports to act is presumed to be in full force and effect at the time of such execution unless the purchaser, prior to completion of the purchase, has received notice of the revocation of the power, and the Registrar need not be concerned to inquire as to whether or not any such notice was received.

(2)  This section does not operate to prolong the duration of a power which is expressed to terminate on a specified day, nor does it validate any act of the attorney done after that day.

(3)  An attorney who purports to act in exercise of a power after the attorney has received notice of its revocation is liable to the same penalties as if the attorney had made a statutory declaration that, at the time of so purporting to act, the power had not been revoked.

(4)  Nothing in this section prejudices the right of a principal to recover damages from, or to institute other proceedings against, an agent who has exceeded the agent’s authority.

General attorneys

149.—(1)  Where in a power the attorney is described as the “general attorney” of the principal, the attorney is to be presumed by purchasers of registered land to have power to do all things the doing of which could lawfully be delegated by the principal.

(2)  This section applies only —

(a) to powers executed within Singapore; and

(b) to powers executed outside Singapore which are expressed to be made pursuant to this section.

(3)  The generality of the authority of an attorney who has been appointed a “general attorney” is not restricted by reason of the fact that the instrument appointing the attorney also confers specific powers.

(4)  A general attorney may be appointed in relation to one or more specified items of property, and the attorney’s authority as general attorney, and the exoneration conferred by this section, is restricted to those items.

Investigation and registration fees

150.—(1)  Any purchaser of registered land from an attorney who is not a “general attorney” within the meaning of section 149 is entitled to be paid by the attorney —

(a) the sum of $100 towards the costs of investigating title; and

(b) any additional registration fee which may be prescribed for instruments executed by attorneys.

(2)  Any agreement, condition or stipulation in contravention of this section is void.

(3)  Where an attorney proves to the satisfaction of the Registrar that the power under which the attorney acts is likely to be used in a series or course of similar transactions, and that complications are not likely to arise in the interpretation of the power, the Registrar may, by an endorsement on the power or a duly certified copy thereof, exempt all transactions or any particular kind or kinds of transactions from this section, and thereupon, for the duration and within the limits of that exemption, additional fees or costs as prescribed by this section are not payable.

[8/2014]

PART 17

CIVIL RIGHTS AND REMEDIES

Assurance fund

151.—(1)  From the fees which are collected by the Registrar under this Act, the Authority must set apart the proportion prescribed from time to time by rules made under this Act to constitute an assurance fund, from which are to be paid —

(a) any sum necessary to compensate claimants under section 155; and

(b) any other disbursements that are directed or authorised to be paid, or expressed to be recoverable, from that fund.

(2)  The Registrar may authorise payment from the assurance fund of any claim for compensation not exceeding $1,000.

(3)  A claim for compensation exceeding $1,000 may be paid from the assurance fund only on the authority in writing of the Minister or on a determination by the court.

(4)  If the amount to the credit of the assurance fund is inadequate to meet any claim, the deficiency is charged on and paid out of the Consolidated Fund.

(5)  The assurance fund is not liable to compensate any person suffering loss, damage or deprivation occasioned by the breach by a proprietor of any trust.

Registrar may be summoned for refusal to register instruments, etc.

152.—(1)  If, upon the application of any person to have land brought under the provisions of this Act, or to have any instrument registered or notified, or to have any certificate of title or other instrument issued, or to have performed or done by the Registrar any act or duty which by this Act is prescribed to be performed or done by him or her, the Registrar refuses to comply therewith, or if that person is dissatisfied with any requisition made or direction given by the Registrar which the Registrar refuses to withdraw, the person may —

(a) require the Registrar to set forth in writing under his or her hand the grounds of his or her refusal; and

(b) if the person thinks fit, summon the Registrar to appear before the court to substantiate and uphold the grounds of his or her refusal.

(2)  Such a summons is to be issued under the hand of a judge of the court and served upon the Registrar at least 6 clear days before the day appointed for hearing the complaint of that person, and at the hearing, counsel for the Registrar has the right of reply.

(3)  The court may, if any question of fact is involved, direct an issue to be tried to decide that fact, and the court may make such order in the circumstances as the case may require, and the Registrar must obey that order.

(4)  Upon any summons or proceedings under this section, the court may make such order as to costs and expenses as it thinks just, and any costs or expenses to be paid by the Registrar are to be paid out of the assurance fund.

Registrar may state a case

153.—(1)  Whenever any question of difficulty arises with regard to the performance of the duties, or the exercise of the functions, of the Registrar, he or she may state a case for the opinion of the court, and the court may give its judgment thereon, and that judgment is binding on the Registrar.

(2)  In order that a case stated under this section may be fully argued, the court may, upon the application of the Registrar, or of any person interested in the subject matter of the case, or of any other person or body to whom the court may give permission, certify that a question of public importance is involved and that the costs of the suit, or of some of the persons appearing in the suit, are to be paid out of the assurance fund.

[Act 25 of 2021 wef 01/04/2022]

Actions for recovery of land

154.—(1)  No action of ejectment or other action for the recovery of registered land lies or may be sustained against the proprietor thereof except in the case of —

(a) a mortgagee against a mortgagor in default;

(b) a chargee against a chargor in default;

(c) a lessor against a lessee in default;

(d) a person deprived of land by fraud against the person who has become registered as proprietor of the land by fraud, or against any person claiming through that proprietor otherwise than as a purchaser; or

(e) a re-entry or forfeiture upon breach of a covenant or condition contained or implied in a State title.

[8/2014]

(2)  In any action under this section, the court may make such order for the cancellation of any folio or of any entry therein, or for the recovery of possession of the land, as the circumstances of the case may require.

(3)  In any action based on fraudulent deprivation, the court may make an order for payment of damages either in addition to or in substitution for an order for the recovery of land.

(4)  On making an order under this section, the court is to have regard to any improvements which may have been made to the land subsequently to the deprivation, and to the conduct of the parties, and may, if it sees fit, put the successful party on terms of paying compensation.

(5)  For the purposes of this section, any unlawful acquisition of land, whether by a person purporting to act under statutory authority or otherwise, is deemed to be fraudulent.

Actions for recovery of damages

155.—(1)  Subject to subsection (3), any person who is deprived of land or sustains loss or damage through any omission, mistake or misfeasance of the Registrar, or any member of the Registrar’s staff, in the bringing of the land under the provisions of this Act or in the registration of any instrument, and who is barred by this Act from bringing any action for the recovery of land, proceeds of the sale of land, moneys secured by a registered mortgage or interests protected by a caveat notified on a folio, may bring an action for the recovery of damages against the assurance fund.

(2)  In any action for the recovery of damages or compensation, whether for deprivation or for error or otherwise, the court is to take into consideration the fact that the claimant’s own neglect, default or incaution may have caused or contributed to the deprivation, loss or damage, and in any such case may withhold or abate damages or compensation accordingly.

(3)  No compensation is to be paid out of the assurance fund under any circumstances for any loss, damage or deprivation occasioned by —

(a) the issue of a qualified folio for the land brought under the provisions of this Act;

(b) any incorrect description of the parcels, the boundaries or dimensions (including area) of any land provided by the Chief Surveyor or any incorrect particulars of the alienation of the land forwarded by the Collector to the Registrar; or

(c) any incorrect description or lack of description of the parcels or dimensions (including area) of any land or a strata lot where no survey has been carried out.

(4)  For the purposes of this section, any person who may bring an action for the recovery of land, proceeds of sale of land or moneys secured by a registered mortgage or charge, or interests protected by a caveat notified on a folio is deemed not to have been deprived of the land or suffered any loss or damage, as the case may be.

(5)  Any person in respect of whom a folio has been created for the person’s land under any of the provisions of this Act is deemed to be the person by whom the land comprised in that folio was brought under the provisions of this Act and who derived benefit therefrom.

(6)  On receipt of a notice, the Registrar is entitled to appear in any such action and may offer to compensate any party to the action out of the assurance fund.

(7)  On any such offer being made, further action is limited to determination of the compensation to be paid.

Procedure in actions against assurance fund

156.—(1)  Any person intending to claim against the assurance fund must, not less than 14 days before the commencement of the action, serve notice of the person’s claim on the Registrar as nominal defendant, stating the grounds on which the person’s claim is made and the amount claimed.

(2)  The Registrar may tender in settlement of the claim the amount claimed or any lesser amount, and if the claimant rejects that tender and fails later to recover damages exceeding the amount tendered by 20% of that amount, the claimant must pay, in addition to the claimant’s own costs, the costs of the Registrar in defending the action.

(3)  If in any such action the claimant recovers final judgment against the Registrar, then the court is to certify the fact of the judgment and the amount of damages and costs recovered, and the amount of those damages and (except as provided in subsection (2)) those costs must be —

(a) paid to the person recovering them; and

(b) charged to the account of the assurance fund.

[Act 25 of 2021 wef 01/04/2022]

(4)  In all other cases, the Registrar’s costs are payable by the claimant.

[Act 25 of 2021 wef 01/04/2022]

(5)  Despite anything to the contrary in section 155, any person deprived of land to a value of not more than $1,000, or sustaining loss or damage of not more than that amount, may claim against the assurance fund in the first instance and the Registrar may settle or compound the claim.

Protection of bona fide purchasers, Authority and Registrar

157.—(1)  Despite anything in this Act, no purchaser who has become a proprietor may be subject to action for the recovery of land or of money on the plea that the purchaser’s vendor, or any predecessor in title, may have acted in bad faith.

[8/2014]

(2)  Neither the Authority, the Registrar nor any person acting under the Authority’s or the Registrar’s authority shall be personally liable in respect of any action, suit or proceeding in respect of any act or matter in good faith done or omitted to be done in the administration of this Act.

Limitation of actions for damages

158.—(1)  No action under section 155 shall lie unless such action is commenced within 12 years from the date on which the deprivation occurred or the loss or damage was sustained.

(2)  Where an action for deprivation, loss or damage has been commenced against any person within the period of 12 years mentioned in subsection (1), an action against the assurance fund for the same cause may be commenced within one year after the discontinuance of the former action, even though the period of 12 years may have expired.

(3)  Any person under the disability of infancy or mental incapacity may bring such an action within 12 years of the date on which the disability ceases.

(4)  Despite this section, the Authority may, with the Minister’s approval, waive any immunity of the assurance fund conferred by this Act.

Correction of errors in land-register

159.—(1)  The Registrar may, upon such evidence as appears to him or her sufficient, correct errors and omissions in the land‑register.

(2)  Without limiting subsection (1), the Registrar, of his or her own motion, or at the request of the aggrieved proprietor, may —

(a) correct any folio which is erroneous because of the entry of a misspelt name, or of the inclusion of land already included in a prior folio, or of the wrong description of parcels or of the boundaries or dimensions (including the area) of the land;

(b) correct any erroneous entry or endorsement in the land‑register;

(c) add to the land-register any matter which has been erroneously omitted; or

(d) where it is not practicable to make corrections to any folio, cancel the folio and create a new folio with the corrections made thereon.

(3)  Any correction to a manual folio must be made in such manner as to leave the erroneous matter legible and show the date the correction was made and must be authenticated by the Registrar’s signature or initials and any correction to a computer folio must be made in such manner as to show the exact nature of the correction and the date of the correction.

(4)  In any case in which the Registrar corrects the land‑register, he or she must have regard to any improvements to the land which may have been made since the occurrence of the error and, where 2 or more titles are involved, he or she may correct that folio, entry or endorsement which in his or her opinion involves the least loss to the assurance fund.

(5)  Any person who, having dealt on the faith of an erroneous registration, has suffered loss or damage by the exercise of the power conferred on the Registrar by this section is, subject to section 158, entitled to be compensated from the assurance fund for the land of which the person has been deprived and for any improvement made thereon by the person or by any predecessor in title, and may bring an action for the recovery of such compensation.

(6)  Any person having custody of a certificate of title, subsidiary certificate of title or duplicate lease required for correction may be summoned by the Registrar to deliver that certificate of title, subsidiary certificate of title or duplicate lease to the Registrar, and upon that person refusing or neglecting to do so, the Registrar may apply to the court for an order requiring that person to show cause why the certificate of title, subsidiary certificate of title or duplicate lease should not be so delivered, and the court may make such order as the circumstances of the case require.

[8/2014]

(7)  When any person so summoned neglects or refuses to show cause, or to deliver up the certificate of title, subsidiary certificate of title or duplicate lease, as directed by the court, the Registrar may, if the circumstances of the case so require, issue a new certificate of title or a new subsidiary certificate of title in the same manner, and having the same effect, as provided by section 43 in the case of certificates of title, subsidiary certificates of title or duplicate leases which have been lost, mislaid, destroyed or that are being improperly or wrongfully withheld.

[8/2014]

(8)  In this section, “correction” includes cancellation and the addition of matter which has been omitted.

(9)  For the purposes of section 158, time does not run against any person entitled to compensation for loss or damage by reason of a correction under this section until the Registrar has given the person notice that the correction has been made.

Rectification of land-register by court

160.—(1)  Subject to subsection (2), the court may order rectification of the land-register by directing that any registration be cancelled or amended in any of the following cases:

(a) where 2 or more persons have, by mistake, been registered as proprietors of the same registered estate or interest in the land comprised in a folio;

(b) where the court is satisfied that any registration or notification of an instrument has been obtained through fraud, omission or mistake;

(c) where the court has declared that any instrument which purports to pass any estate or interest in any residential property within the meaning of the Residential Property Act 1976 is void under section 24 of that Act.

(2)  The land-register must not be rectified so as to affect the registered estate or interest of a proprietor who is in possession unless that proprietor is a party or privy to the omission, fraud or mistake in consequence of which the rectification is sought, or has caused that omission, fraud or mistake or substantially contributed thereto by that proprietor’s act, neglect or default.

(3)  Subsection (2) does not apply in the circumstances referred to in subsection (1)(c).

PART 18

SEARCHES AND CERTIFIED COPIES

Searches by public

161.—(1)  Subject to this section, any person may, upon payment of the prescribed fee, have access to the land‑register for the purpose of inspection and search on such days and during such hours and subject to such conditions as may be prescribed.

(2)  Subject to subsection (3), a search made does not extend to original instruments except those evidencing the current proprietorship and subsisting encumbrances.

(3)  Where instruments and related documents have been microfilmed or imaged by the Registrar, any person making a search must not be permitted to inspect at the Land Titles Registry the original instruments forming part of the land‑register or filed with the Registrar but may apply for a microprint or a print‑out of such instruments.

[8/2014]

(4)  A search extends only to such electronic instruments as the Registrar may determine.

Official searches

162.—(1)  Any person may apply in the approved form for an official search in the land‑register to be made on the person’s behalf.

(2)  Upon receipt of such an application, the Registrar must cause a diligent search to be made, and must issue a certificate of the result of that search to the person requiring it.

(3)  Any purchaser for whom or on whose behalf an official search is obtained, and who suffers loss or damage by reason of any error in, or omission from, that official search, may recover compensation from the assurance fund.

(4)  A solicitor for whom or on whose behalf an official search has been obtained is not answerable for any loss or damage which may arise from any error in, or omission from, that official search.

(5)  An official search must be sent by registered post, or delivered manually or by fax to the applicant as the applicant may require.

Priority affected by final official searches

163.—(1)  The Registrar may issue a final official search to any person who wishes to close the land‑register, and who satisfies the Registrar (whether by production of an acknowledgment from the proprietor or otherwise) that the person is a purchaser of the land in respect of which the search is required.

(2)  The Registrar must make an entry in the land‑register of the day and hour of posting, fax or manual delivery of a final official search.

(3)  Upon an entry made under subsection (2), no instrument affecting the land to which the search relates (other than an instrument in favour of the applicant) which is lodged for registration within the period of 7 days next ensuing upon the entry may be registered or notified until the expiration of that period, or until the registration of an instrument in favour of the applicant, whichever is the earlier.

(4)  Upon the expiration of that period of 7 days, or upon registration of the instrument in favour of the applicant (whichever is the earlier), instruments affecting the land to which the final official search relates must be registered or notified in the manner directed by section 37.

(5)  A person who has obtained a final official search is not entitled to obtain any further final official search relating to the same land until the expiration of 8 days from the time of posting, fax or delivery of the final official search.

Certified copies: Value as evidence

164.—(1)  Subject to subsection (4), the Registrar, upon payment of the prescribed fee, must furnish to any person applying for it a certified copy of any instrument registered under the provisions of this Act, or which is in his or her custody and is the subject of a notification on the land-register.

(2)  Every such certified copy signed by the Registrar and sealed with his or her seal shall be received in evidence in any court, or before any person having by law or by consent of parties authority to receive evidence, as prima facie proof of all the matters contained in or entered on the original instrument.

(3)  A print-out of any information (other than computer folios) stored in a computer in the Land Titles Registry issued by the Registrar and bearing a facsimile of the Registrar’s seal shall be received in evidence in any court, or before any person having authority by law or by consent of parties to receive evidence, as prima facie proof of all the matters contained in or entered on any instrument filed in the Land Titles Registry.

[4/2012]

(4)  Subsection (1) applies only to such electronic instruments as the Registrar may determine.

PART 19

MISCELLANEOUS

Subdivision of registered land

165.—(1)  Except as provided in this section, the Registrar must not register any instrument affecting part of the land in a folio until he or she is satisfied that the boundaries and dimensions of part of the land in a folio described in an instrument are in accordance with the final boundaries and dimensions shown in the plan lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.

[37/2004]

(2)  Where the Registrar has created a new folio pursuant to a registration of part of the land which is not conclusive as to boundaries and dimensions, the Registrar must enter thereon a caution to that effect, and must cancel that caution when the boundaries and dimensions have been shown on the plan lodged with and approved by the Chief Surveyor.

(3)  No compensation is to be paid out of the assurance fund for any loss caused or occasioned by any inaccuracy of the boundaries and dimensions shown on a folio which bears a caution as is provided in subsection (2).

(4)  Nothing in this section prevents the entry of a caveat, nor the registration of —

(a) an easement;

(aa) a lease mentioned in section 4(2)(a) or (b) of the Planning Act 1998;

(b) a mortgage or charge; or

(c) any other instrument or class of instruments which may from time to time be prescribed.

[8/2014]

Trusts

166.—(1)  A person named in an instrument as acquiring registered land in a fiduciary capacity may be described in that capacity and the instrument may disclose brief particulars of the trust relating to the consideration paid and for providing that the person named assumes liability only to the extent of an estate or interest of which the person is a trustee.

(2)  The Registrar must not enter particulars of the trust except that he or she may describe the person having fiduciary capacity as a trustee in a folio or the relevant instrument but the description of a person as trustee in the folio or the instrument does not affect the operation of section 47.

(3)  Subject to the provisions of any caveat affecting the land, a registered proprietor of an estate or interest who is a trustee holds the estate or interest on trust for the persons and purposes to which it is applicable by virtue of the instrument creating the trust.

(4)  Any purchaser dealing with the registered land which is held in a fiduciary capacity need not be concerned to enquire whether a dealing of that land is within the powers of the registered proprietor and the purchaser is entitled to assume that the registered proprietor has all the powers of disposition of a beneficial owner and as the absolute proprietor of the estate or interest in question.

Exoneration of Authority and Registrar

167.—(1)  Where by any Act or instrument or by law any person is exonerated from inquiring as to any matter or fact relating to a title to, or to a power of dealing with, land, or is protected from the effect of notice of any such matter or fact, then, in registering any instrument relating to that land, the Registrar need not be concerned to make any inquiry or search in relation to that land which that person need not have made, nor is the Registrar affected by any notice with which that person need not have been affected.

[8/2014]

(2)  No action or claim may be brought against the Authority, the Registrar or against the assurance fund in respect of a deprivation or loss arising out of any matter into which the Registrar is exonerated from inquiring.

Fees and accounts

168.  The Registrar is responsible for collecting such fees as are by this Act directed to be paid, and for accounting for them to the Authority, or as otherwise directed by rules made under this Act.

Offences and penalties

169.—(1)  Any person who —

(a) fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procuring of any certificate of title or other instrument, or of any entry in the land‑register, or any alteration or erasure of, or addition to, any entry in the land‑register, or in any instrument or form issued by the Registrar;

(b) fraudulently uses, assists in fraudulently using, or is privy to the fraudulent usage of any instrument or form purporting to be issued or authorised by the Registrar;

(c) knowingly misleads or deceives any person authorised by this Act to demand explanation or information with respect to any land, or the title to any land, which is the subject of a primary application or with respect to which any instrument is proposed to be registered or notified; or

(d) fraudulently removes from the Land Titles Registry any part of the land‑register or any instrument issued by the Registrar, or causes any defacement, obliteration, mutilation, or unauthorised entry or alteration to be made thereto,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 3 years or to both.

[8/2014]

(2)  No proceeding or conviction for any act made punishable by subsection (1) affects any remedy which any person aggrieved or injured by that act may be entitled to against the person who committed the act or against the person’s estate.

Composition of offences

170.—(1)  The Registrar or any person authorised by the Registrar in writing may compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000.

(2)  The Authority may, with the approval of the Minister, make rules to prescribe the offences which may be compounded.

(3)  On payment of the sum, no further proceedings are to be taken against that person in respect of the offence.

(4)  All sums collected under this section must be paid into the funds of the Authority.

Fees to be paid to Authority

171.  All fees collected by the Registrar or the Land Titles Registry for any matter or thing done therein under this Act must be paid into the funds of the Authority.

Rules

172.—(1)  Subject to subsection (2), the Authority, with the approval of the Minister, may make rules not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular, the Authority, with the approval of the Minister, may make rules —

(a) prescribing standard covenants and conditions for mortgages limited to the rights and obligations over the mortgaged property; and

(b) prescribing the fees to be taken in the Land Titles Registry for any matter or thing done therein under this or any other Act (including any fees that may be required to be borne by solicitors themselves relating to additional work done by the Registry in relation to instruments lodged and rejected and fresh instruments or amended instruments lodged after such date of rejection), and when and by whom such fees may be dispensed with or remitted.

(2)  The Authority may make rules regulating the practice of the Land Titles Registry in relation to matters arising under this Act.

(3)  All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.

Saving of rights

173.  To avoid doubt, it is declared that nothing in this Act affects the rights conferred on the Public Utilities Board by section 6 of and the Second Schedule to the Public Utilities Act 2001 and by section 4 of the Sewerage and Drainage Act 1999 and the Commissioner of Building Control by sections 27, 28, 29 and 32 of the Street Works Act 1995.

Savings

174.—(1)  A reference in this Act to land brought under the provisions of this Act includes a reference to land which has been brought under the provisions of the repealed Land Titles Act (Cap. 157, 1985 Revised Edition) (called in this Part the repealed Act).

(2)  Any register, instrument, index or other document maintained under the repealed Act continues to be maintained under the corresponding provision of this Act.

(3)  Insofar as any entry in a register or instrument was made or other thing whatsoever was done under any provision of the repealed Act, that entry or thing has effect as if made or done under the corresponding provision of this Act.

(4)  A reference to a caveat in this Act includes a reference to a caveat lodged and notified in a folio or the Caveat Index under the provisions of the repealed Act.

(5)  Any caveat lodged under the repealed Act may, unless it has lapsed or been removed or cancelled in accordance with the provisions of the repealed Act before 1 March 1994, be extended in accordance with the provisions of this Act.

(6)  Any application, instrument or caveat lodged for registration under the provisions of the repealed Act before 1 March 1994 and whose registration was not completed before that date is, where applicable, deemed to be an application, instrument or caveat lodged for registration under a corresponding provision of this Act.

(7)  Where at any time before 1 March 1994 a person —

(a) was in adverse possession of any registered land; and

(b) has lodged an application for a possessory title to the land under the provisions of the repealed Act and the application has not been withdrawn but is on that date pending in the Land Titles Registry,

the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.

(8)  Where at any time before 1 March 1994 a person —

(a) was in adverse possession of any registered land; and

(b) was entitled to lodge an application for a possessory title to the land under the provisions of the repealed Act which were in force immediately before that date,

the person may, within 6 months of that date make an application to court for an order to vest the title in the person or lodge an application for a possessory title to the land and the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.

(9)  Section 87 does not prevent the registration of leases for a term not exceeding 7 years which were executed before 1 March 1994 and any such lease may be registered under the provisions of the repealed Act as if those provisions were never repealed.

(10)  A person who, immediately before 1 March 1994, held office as the Registrar of Titles, Deputy Registrar of Titles or Assistant Registrar of Titles continues to hold such office as if he or she had been appointed under section 5.

(11)  Any written law or other document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring, or as including a reference, to this Act.

(12)  Except as expressly provided in this section, nothing in this section is to be taken as prejudicing the operation of section 16 of the Interpretation Act 1965 (which relates to the effect of repeals).

Validation of extensions of caveats lodged under repealed Act

175.—(1)  Where at any time before 1 March 1994 a caveat was notified on a folio or the Caveat Index under the provisions of Part XI of the repealed Act and an extension of caveat was notified on the folio or Caveat Index in respect of the same matter dealt with by the caveat notwithstanding that the repealed Act did not provide for caveats to be extended, the caveat does not lapse until —

(a) the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the folio or Caveat Index; or

(b) where more than one extension of caveat has been lodged and notified on the folio or Caveat Index before the expiry of each 5‑year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index.

(2)  Subsection (1) does not apply to a caveat where an order has been made by a court before 1 March 1994 in respect of the validity or priority of the caveat.

Transitional provisions

176.  The amendment to section 47 made by section 15 of the Land Titles (Amendment) Act 2001 (Act 25 of 2001) does not affect any person who dealt with a proprietor or who was entitled to be a proprietor under any contract or any other instrument evidencing the dealing in land that is dated before 20 August 2001.

THE SCHEDULE

Section 103(1)

Part 1

Right of Carriage Way

  Full and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement, and every person authorised by any such person, to go, pass, and repass, at all times and all purposes, with or without animals or vehicles or both, to and from that dominant tenement.

Part 2

Right of Footway

  Full and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement, and every person authorised by any such person, to go, pass, and repass, on foot, at all times and for all purposes, without animals or vehicles, to and from that dominant tenement.

LEGISLATIVE HISTORY

Land Titles Act 1993

 

This Legislative History is a service provided by the Law Revision Commission on a best-efforts basis. It is not part of the Act.

Pictorial Overview of Predecessor Acts

Legislative History Details

PART 1
LAND TITLES ACT
(CHAPTER 157, 1985 REVISED EDITION)

1.  

Ordinance 21 of 1956—Land Titles Ordinance, 1956

Bill

:

4/1956

First Reading

:

25 May 1955

Second Reading

:

24 August 1955

Select Committee Report

:

Sessional Paper No. L.A. 3 of 1956

Notice of Amendments

:

7 June 1956

Third Reading

:

7 June 1956

Commencement

:

24 March 1959 (Part I)

1 December 1960 (Parts II to XVIII except section 114)

1 December 1970 (section 114)

Note:

This Ordinance was amended by the Legislative Assembly (Presentation of Subsidiary Legislation) Ordinance, 1958 (Ordinance 31 of 1958) before it came into force.

2.  

G.N. No. S 223/1959—Singapore Constitution (Modification of Laws) Order, 1959

Commencement

:

3 June 1959

3.  

Ordinance 72 of 1959—Transfer of Powers (No. 2) Ordinance, 1959

(Amendments made by section 2 read with the First Schedule to the above Ordinance)

Bill

:

31/1959

First Reading

:

22 September 1959

Second Reading

:

11 November 1959

Notice of Amendments

:

11 November 1959

Third Reading

:

11 November 1959

Commencement

:

20 November 1959 (section 2 read with the First Schedule)

4.  

G.N. No. S (N.S.) 177/1959—Singapore Constitution (Modification of Laws) (No. 3) Order, 1959

Commencement

:

20 November 1959

5.  

G.N. No. S (N.S.) 179/1959—Singapore Constitution (Modification of Laws) (No. 5) Order, 1959

Commencement

:

20 November 1959

6.  

Ordinance 4 of 1961—Land Titles (Amendment) Ordinance, 1961

Bill

:

127/1961

First Reading

:

1 March 1961

Second and Third Readings

:

22 March 1961

Commencement

:

30 March 1961

7.  

G.N. Sp. No. S 47/1963—State Laws (Modification) (No. 3) Order 1963

Commencement

:

16 September 1963

8.  

Act 37 of 1970—Land Titles (Amendment) Act, 1970

Bill

:

32/1970

First Reading

:

22 July 1970

Second Reading

:

2 September 1970

Notice of Amendments

:

2 September 1970

Third Reading

:

2 September 1970

Commencement

:

1 December 1970

9.  

1970 Revised Edition—Land Titles Act (Chapter 276)

Operation

:

31 August 1971

10.  

Act 18 of 1976—Residential Property Act, 1976

(Amendments made by section 31(2) of the above Act)

Bill

:

33/1975

First Reading

:

29 July 1975

Second Reading

:

19 August 1975

Select Committee Report

:

Parl. 2 of 1976

Notice of Amendments

:

3 September 1976

Third Reading

:

3 September 1976

Commencement

:

11 September 1973 (section 31(2))

11.  

Act 39 of 1973—Land Titles (Amendment) Act, 1973

Bill

:

18/1973

First Reading

:

19 March 1973

Second and Third Readings

:

11 July 1973

Commencement

:

15 September 1973

12.  

Act 23 of 1982—Land Titles (Strata) (Amendment) Act, 1982

(Amendments made by section 13 of the above Act)

Bill

:

13/1982

First Reading

:

27 July 1982

Second and Third Readings

:

31 August 1982

Commencement

:

15 October 1982 (section 13)

13.  

1985 Revised Edition—Land Titles Act (Chapter 157)

Operation

:

30 March 1987

PART 2
LAND TITLES ACT 1993
(2020 REVISED EDITION)

14.  

Act 27 of 1993—Land Titles Act 1993

Bill

:

36/1992

First Reading

:

16 November 1992

Second Reading

:

18 January 1993

Select Committee Report

:

Parl. 3 of 1993

Third Reading

:

30 August 1993

Commencement

:

1 March 1994

15.  

1994 Revised Edition—Land Titles Act (Chapter 157)

Operation

:

15 March 1994

16.  

Act 26 of 1995—Public Utilities Act 1995

(Amendments made by section 131(3) read with paragraph 5 of the Fourth Schedule to the above Act)

Bill

:

20/1995

First Reading

:

25 May 1995

Second and Third Readings

:

7 July 1995

Commencement

:

1 October 1995 (section 131(3) read with paragraph 5 of the Fourth Schedule)

17.  

G.N. No. S 453/1995—Revised Edition of the Laws (Rectification) (No. 2) Order 1995

Operation

:

15 March 1994

18.  

G.N. No. S 92/1997—Revised Edition of the Laws (Rectification) Order 1997

Operation

:

15 March 1994

19.  

Act 3 of 1998—Planning Act 1998

(Amendments made by section 65 read with item (6) of the Second Schedule to the above Act)

Bill

:

18/1997

First Reading

:

19 November 1997

Second Reading

:

14 January 1998

Notice of Amendments

:

14 January 1997

Third Reading

:

14 January 1997

Commencement

:

1 April 1998 (section 65 read with item (6) of the Second Schedule)

20.  

Act 17 of 2001—Singapore Land Authority Act 2001

(Amendments made by section 38(1) read with item (10) of the Fourth Schedule to the above Act)

Bill

:

17/2001

First Reading

:

5 March 2001

Second and Third Readings

:

19 April 2001

Commencement

:

1 June 2001 (section 38(1) read with item (10) of the Fourth Schedule)

21.  

Act 25 of 2001—Land Titles (Amendment) Act 2001

Bill

:

23/2001

First Reading

:

11 July 2001

Second and Third Readings

:

25 July 2001

Commencement

:

20 August 2001

22.  

Act 10 of 2003—Land Titles (Amendment) Act 2003

Bill

:

8/2003

First Reading

:

20 March 2003

Second and Third Readings

:

24 April 2003

Commencement

:

9 June 2003

23.  

Act 30 of 2003—Planning (Amendment) Act 2003

(Amendments made by section 20 read with item (2) of the Schedule to the above Act)

Bill

:

27/2003

First Reading

:

16 October 2003

Second and Third Readings

:

11 November 2003

Commencement

:

10 December 2003 (section 20 read with item (2) of the Schedule)

24.  

2004 Revised Edition—Land Titles Act (Chapter 157)

Operation

:

31 July 2004

25.  

Act 37 of 2004—Land Surveyors (Amendment) Act 2004

(Amendments made by section 17 read with item (2) of the Schedule to the above Act)

Bill

:

36/2004

First Reading

:

1 September 2004

Second and Third Readings

:

21 September 2004

Commencement

:

31 March 2005 (section 17 read with item (2) of the Schedule)

26.  

Act 21 of 2008—Mental Health (Care and Treatment) Act 2008

(Amendments made by section 23 read with item (25) of the Second Schedule to the above Act)

Bill

:

11/2008

First Reading

:

21 July 2008

Second and Third Readings

:

15 September 2008

Commencement

:

1 March 2010 (section 23 read with item (25) of the Second Schedule)

27.  

Act 35 of 2010—Residential Property (Amendment) Act 2010

(Amendments made by section 23 of the above Act)

Bill

:

30/2010

First Reading

:

18 October 2010

Second and Third Readings

:

22 November 2010

Commencement

:

17 January 2011 (section 23)

28.  

Act 4 of 2012—Evidence (Amendment) Act 2012

(Amendments made by section 22(2) of the above Act)

Bill

:

2/2012

First Reading

:

16 January 2012

Second and Third Readings

:

14 February 2012

Commencement

:

1 August 2012 (section 22(2))

29.  

Act 25 of 2012—Statutes (Miscellaneous Amendments) (No. 2) Act 2012

(Amendments made by section 5 of the above Act)

Bill

:

23/2012

First Reading

:

10 September 2012

Second and Third Readings

:

15 October 2012

Commencement

:

28 March 2013 (section 5)

30.  

Act 8 of 2014—Land Titles (Amendment) Act 2014

Bill

:

4/2014

First Reading

:

20 January 2014

Second and Third Readings

:

17 February 2014

Commencement

:

15 August 2014

31.  

Act 11 of 2015—State Lands (Amendment) Act 2015

(Amendments made by section 8 of the above Act)

Bill

:

6/2015

First Reading

:

12 February 2015

Second and Third Readings

:

13 March 2015

Commencement

:

8 May 2015 (section 8)

32.  

Act 16 of 2016—Statutes (Miscellaneous Amendments) Act 2016

(Amendments made by section 14 of the above Act)

Bill

:

15/2016

First Reading

:

14 April 2016

Second and Third Readings

:

9 May 2016

Commencement

:

10 June 2016 (section 14)

33.  

Act 40 of 2018—Insolvency, Restructuring and Dissolution Act 2018

(Amendments made by section 485 of the above Act)

Bill

:

32/2018

First Reading

:

10 September 2018

Second and Third Readings

:

1 October 2018

Commencement

:

30 July 2020 (section 485)

34.  

2020 Revised Edition—Land Titles Act 1993

Operation

:

31 December 2021

35.  

Act 25 of 2021—Courts (Civil and Criminal Justice) Reform Act 2021

(Amendments made by Part 7 of the above Act)

Bill

:

18/2021

First Reading

:

26 July 2021

Second and Third Readings

:

14 September 2021

Commencement

:

1 April 2022

36.  

Act 42 of 2022—State Lands Protection Act 2022

(Amendments made by the above Act)

Bill

:

35/2022

First Reading

:

7 November 2022

Second and Third Readings

:

30 November 2022

Commencement

:

1 November 2024

37.  

Act 25 of 2024—Land Surveyors (Amendment) Act 2024

Bill

:

21/2024

First Reading

:

2 July 2024

Second and Third Readings

:

6 August 2024

Commencement

:

1 October 2025

Abbreviations

	(updated on 29 August 2022)
G.N.	Gazette Notification
G.N. Sp.	Gazette Notification (Special Supplement)
L.A.	Legislative Assembly
L.N.	Legal Notification (Federal/Malaysian)
M.	Malaya/Malaysia (including Federated Malay States, Malayan Union, Federation of Malaya and Federation of Malaysia)
Parl.	Parliament
S	Subsidiary Legislation
S.I.	Statutory Instrument (United Kingdom)
S (N.S.)	Subsidiary Legislation (New Series)
S.S.G.G.	Straits Settlements Government Gazette
S.S.G.G. (E)	Straits Settlements Government Gazette (Extraordinary)