Land Titles Rules

Land Titles Act

(Chapter 157, Section 170)

Land Titles Rules

R 1

G.N. No. S 40/1994

REVISED EDITION 1999

(1st July 1999)

[1st March 1994]

PART I

PRELIMINARY

Citation

1.  These Rules may be cited as the Land Titles Rules.

Definitions

2.  In these Rules, unless the context otherwise requires —

“authorised agent” means an attorney authorised in accordance with Part XVI of the Act;

[S 481/2016 wef 03/10/2016]

“clearance certificate” means a certificate issued under section 10(2) of the Residential Property Act (Cap. 274);

[S 530/2014 wef 15/08/2014]

“identity card” means an identity card issued under the National Registration Act (Cap. 201);

“qualifying certificate” means a certificate evidencing an approval granted under section 31(3) of the Residential Property Act;

[S 530/2014 wef 15/08/2014]

“Registry” means the Land Titles Registry.

PART II

INITIAL REGISTRATION OF TITLES

Cancellation of caution as to inconclusiveness of boundaries

3.  Where the Chief Surveyor has approved as conclusive the boundaries and dimensions of any land shown in a plan filed with him, the Registrar shall —

(a) make in the appropriate part of the land-register an entry of the reference number of the plan; and

(b) cancel the caution in that part of the land-register as to the inconclusiveness of the boundaries and dimensions of that land.

Alterations or cancellation due to issue of State title, etc.

4.  Where —

(a) any caution as to the inconclusiveness of the boundaries and dimensions of any land is cancelled under rule 3(b); or

(b) a State title is issued in respect of any land which has been brought under the provisions of the Act pursuant to a Collector’s Certificate,

the Registrar may require the registered proprietor or any other person entitled to possession of a certificate of title relating to the land to produce the certificate of title for the purpose of the Registrar either cancelling the certificate of title consequent on the creation of a new edition of a folio or making a suitable alteration to the certificate of title.

Nomination on primary application

5.—(1)  Where before the issue of a certificate of title pursuant to a primary application some person other than the applicant has or will become entitled to the land therein comprised, the applicant may nominate that person as the proprietor in whose name the certificate of title should be issued.

(2)  The Registrar, if he is satisfied that the person nominated is entitled to the whole of the estate in the land as owner of the land and no other person has made any claim in writing against the land, may give effect to such nomination.

Certificate of title for leasehold estate

6.  A certificate of title issued for a leasehold estate comprised in a lease registered under the Act or the Registration of Deeds Act (Cap. 269) shall indicate the term of the lease, and the covenants and conditions subject to which the lease was made may be indicated by reference to the lease.

PART III

INSTRUMENTS

Quality and size of forms

7.—(1)  All instruments lodged for registration and any plans annexed thereto shall be clearly legible, being either typed, printed or photographically produced, and shall be in a form suitable for microfilming or imaging.

(2)  All instruments lodged for registration and any plans annexed thereto shall —

(a) be made on wide-ruled durable quality paper; and

(b) measure 30 centimetres in length by 21 centimetres in breadth (A4 size).

(c) [Deleted by S 276/2003 wef 09/06/2003]

(3)  Where an instrument lodged for registration affects part of any land, the part so affected shall be clearly delineated and hatched in the plan annexed to the instrument.

[S 530/2014 wef 15/08/2014]

(4)  Any annexure to an instrument lodged for registration shall be authenticated by the party taking under or to be bound by the instrument or by his solicitor unless the Registrar dispenses with such authentication.

Common covenants and conditions in leases or mortgages

8.—(1)  The Registrar may require that similar terms, covenants and conditions which are intended to apply to 2 or more leases issued by the same lessor, or to 2 or more mortgages created in favour of the same mortgagee, to be set out in a Memorandum of Lease or Memorandum of Mortgage (referred to in this rule as a Document), as the case may be, in the approved form.

(2)  The Document shall be filed with the Registrar prior to the lodgment of any such instrument of lease or mortgage in the Registry for registration.

(3)  The covenants and conditions set out in a Document filed with the Registrar shall bind the affected parties to every instrument of lease or mortgage which makes a reference to the Document by its number allotted by the Registrar.

(4)  The Registrar may refuse to accept for lodgment any instrument of lease or mortgage which exceeds 10 sheets and which sets out in full the terms, covenants and conditions which, in the opinion of the Registrar, should be set out in a Document to be filed with the Registrar prior to the lodgment of the instrument of lease or mortgage.

(5)  This rule shall not apply to the standard covenants and conditions for mortgages prescribed under section 172 of the Act.

[S 30/2012 wef 01/02/2012]

Particulars of acquiring party to be disclosed in instruments

9.—(1)  For the purpose of complying with the requirements of section 19 of the Residential Property Act (Cap. 274), every instrument under which a person acquires an estate or interest in land shall disclose —

(a) in the case of a natural person, the following particulars:

(i) where the person is a citizen of Singapore, his citizenship status and the number of his identity card;

(ii) where the person is a citizen of Singapore but has yet to be issued with an identity card, his citizenship status and the number of his birth certificate, passport or citizenship certificate;

[S 530/2014 wef 15/08/2014]

(iii) where the person is not a citizen but a permanent resident of Singapore, his citizenship, his permanent resident status and the number of his identity card (if any) or his unique identification number relating to his permanent resident status issued to him by the relevant Government department or statutory authority in Singapore; or

[S 530/2014 wef 15/08/2014]

(iv) where the person is neither a citizen nor a permanent resident of Singapore but holds a pass (issued to him by the relevant Government department or statutory authority in Singapore) assigned with a foreign identification number, his citizenship and either the foreign identification number or the number of his passport;

[S 530/2014 wef 15/08/2014]

(b) in the case of a body corporate, the following particulars:

(i) where the body corporate is formed in Singapore and registered under the Companies Act (Cap. 50) or the Limited Liability Partnerships Act (Cap. 163A), the place of formation of the body corporate, the registration number of the body corporate assigned by the Registrar of Companies or the Registrar of Limited Liability Partnerships (as the case may be) and the registered address of the body corporate in Singapore;

(ii) where the body corporate is formed outside Singapore and has a registered office or place of business in Singapore, the place of formation of the body corporate, the registration number (if any) of the body corporate assigned by the Registrar of Companies or the Registrar of Limited Liability Partnerships (as the case may be) and the address of the body corporate in Singapore for service of notices; or

(iii) where the body corporate is formed outside Singapore and has no registered office or place of business in Singapore, the place of formation of the body corporate and the address of the body corporate in Singapore for service of notices; or

[S 530/2014 wef 15/08/2014]

(c) in the case of an unincorporated body, its place of formation, and where formed in Singapore, its registration number as assigned by the relevant Government department or statutory authority in Singapore.

(2)  The Registrar may require the instrument referred to in paragraph (1) be lodged together with such other documents as the Registrar may require, including a copy of the following:

(a) in the case of a natural person, any approval of the Minister obtained by the natural person under section 25(2) of the Residential Property Act; or

(b) in the case of a body corporate, any clearance certificate or qualifying certificate obtained by the body corporate.

[S 530/2014 wef 15/08/2014]

(3)  The family name, surname or the first name of a person (where applicable) acquiring any estate or interest in land under an instrument shall be shown in the instrument in the same order as that shown in his identity card, birth certificate, passport or other document of identity, as the case may be.

Alterations to instruments

10.—(1)  [Deleted by S 276/2003 wef 09/06/2003]

(2)  [Deleted by S 276/2003 wef 09/06/2003]

(3)  Alterations of or additions to any wording in any instrument or plan shall not be made by the parties or their solicitors after the instrument has been registered.

Joint interests

11.  An instrument shall not deal with the land of 2 or more proprietors, nor be made in favour of 2 or more persons, unless such proprietors are or are about to become co-tenants.

Consideration

12.—(1)  Where consideration is expressed in an instrument to have been paid to any party, the execution of the instrument by that party shall imply an acknowledgment by him of the receipt of such consideration.

(2)  Where an approved form expresses the consideration for a transaction in a particular manner, the expression of consideration in any other manner or the omission to express any consideration at all shall not constitute a substantial departure from the approved form.

Capacity of party executing

13.  An instrument executed by any person mentioned in section 56(2) of the Act shall indicate clearly the capacity in which that person executes the instrument.

Execution by illiterate

14.  When an instrument lodged for registration has been signed by a party who appears to the Registrar to be illiterate, then, unless a certificate of correctness by a solicitor under section 59 of the Act is endorsed on the instrument, the Registrar may require the production of a certificate by some competent person that the contents of the instrument have been carefully read over and explained to the illiterate party and that the party appeared fully to understand the purport and effect thereof.

Powers of appointment

15.  A power of appointment may be created by an instrument of transfer modified as the circumstances require.

Dispensation with proof of due execution of instrument

15A.  For the purposes of section 57(3)(d) of the Act, the prescribed purposes for which the Registrar may dispense with proof of due execution of an instrument intended for registration under the Act are as follows:

(a) the registration of any order of the General Division of the High Court or a Strata Titles Board made under Part 5A of the Land Titles (Strata) Act 1967;

(b) the registration of a total or partial discharge of a mortgage or a charge;

(c) the registration of the vesting of any land in the State following the determination of a State title;

(d) the registration of a charge referred to in section 43(1) of the Building Maintenance and Strata Management Act 2004;

(e) the registration of an instrument of discharge, or an order of court, referred to in section 43(5) of the Building Maintenance and Strata Management Act 2004;

(f) the registration of any order of court made under section 97A or 105A of the Act;

(g) the registration of any transfer of a mortgage or a charge.

[S 30/2024 wef 01/02/2024]

PART IV

LODGMENT FOR REGISTRATION

Lodgment in person

16.  Instruments that relate to a manual folio or as the Registrar may direct shall be lodged for registration in person.

Time and place for lodgment

17.  Instruments that relate to a manual folio or such other instruments as directed by the Registrar shall be lodged for registration at the Registry from 8.30 a.m. to 1 p.m. every day except on a Saturday, Sunday or public holiday or between such other hours as the Registrar may direct.

[S 276/2003 wef 09/06/2003]

[S 530/2014 wef 15/08/2014]

Accompanying documents and particulars, etc.

18.—(1)  An instrument for registration that relates to a manual folio or as the Registrar may direct shall be lodged together with a lodgment form containing the following particulars:

(a) the signature, name and address of the person by whom the instrument is lodged or that of the solicitor acting on his behalf;

(b) a schedule of all instruments listed in order of priority for registration;

(c) a schedule of all documents lodged with the instruments;

(d) the name, identity card particulars and signature of the person authorised to collect the instrument after registration;

(e) the code assigned by the Registry to the law firm for the purpose of these Rules and the stamp of the law firm; and

(f) any other particulars as may be required by the Registrar.

(2)  A lodgment form shall accompany —

(a) each instrument if lodged singly; or

(b) each set of related instruments.

Requirement for signature

18A.  An instrument that does not purport to dispose of or to create an interest in registered land, and that is intended to be lodged other than in the form of an electronic record, must be signed —

(a) for an application to notify an order of court mentioned in rule 32(1) — by the person for whose benefit the order of court has been made or the authorised agent of that person;

(b) for a caveat or an extension of the caveat — by the caveator or the authorised agent of the caveator;

(c) for an application to register an enforcement order or an order of court mentioned in rule 38(1) or for an application to withdraw or cancel such registration — by the applicant or the applicant’s authorised agent;

(d) for a notification of an application for an order for a collective sale made under Part 5A of the Land Titles (Strata) Act 1967, and a cancellation of such notification — by the authorised representatives mentioned in section 84A(2) of that Act or the authorised agent of the authorised representatives;

(e) for an application to register an order of court or an order of a Strata Titles Board (as the case may be) made pursuant to an application for an order for a collective sale under Part 5A of the Land Titles (Strata) Act 1967 — by the authorised representatives mentioned in section 84A(2) of that Act or the authorised agent of the authorised representatives; or

(f) for any other instrument that does not purport to dispose of or to create an interest in registered land — by the applicant or the applicant’s authorised agent.

[S 30/2024 wef 01/02/2024]

Refusal to accept for lodgment

19.—(1)  The Registrar may refuse to accept an instrument presented for lodgment if —

(a) it is not accompanied by a cheque or authorisation for payment of the appropriate fees specified in the Schedule;

[S 530/2014 wef 15/08/2014]

(b) it is not accompanied by the relevant document of title and all other documents required by the Act, these Rules or the Registrar for registration or notification of the instrument;

[S 530/2014 wef 15/08/2014]

(c) it is not substantially in an approved form; or

(d) it does not comply with any requirement made, with respect to the instrument, by or under the Act or these Rules.

(2)  Notwithstanding that an instrument may have been accepted for lodgment by the Registrar, an instrument shall be deemed not to have been lodged if the cheque or authorisation for payment of the appropriate fees specified in the Schedule is subsequently dishonoured.

[S 530/2014 wef 15/08/2014]

Unreasonable delay in complying with requisitions

20.—(1)  Where, in the opinion of the Registrar, there has been unreasonable delay in complying with any requisition made by him in connection with an instrument (other than a caveat) lodged for registration or notification —

(a) he may reject the instrument or, if the instrument is lodged in a set of related instruments, the set of instruments without refunding the fee or fees paid in respect thereof after giving to the person having conduct of the matter 14 days’ notice in writing of his intention to do so; and

[S 530/2014 wef 15/08/2014]

(b) after rejecting the instrument or set of instruments, as the case may be, he shall proceed to cancel the particulars of the instrument or instruments entered on the land-register and other records of the Registry and thereafter return the instrument or set of instruments to the person who lodged it.

(2)  Where a caveat is deemed to have been withdrawn by reason of section 117(3) of the Act, the Registrar shall not be obliged to refund the fee paid in respect of the caveat.

(3)  For the purpose of paragraph (1), a delay shall not be considered unreasonable unless —

(a) it has continued for more than 14 days from the date of the requisition by the Registrar; and

(b) no satisfactory explanation of the delay has been furnished to the Registrar.