Land Titles Act (Chapter 157) Revised edition 2004

THE STATUTES OF THE REPUBLIC OF SINGAPORE LAND TITLES ACT (CHAPTER 157) (Original Enactment: Act 27 of 1993) REVISED EDITION 2004 (31st July 2004) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275) Informal Consolidation – version in force from 8/5/2015 CHAPTER 157 Land Titles Act ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Division into Parts 3. Reconciliation with existing laws 4. Interpretation PART II ESTABLISHMENT OF LAND TITLES REGISTRY 5. Appointment of Registrar, Deputy Registrars, Assistant Registrars and other officers 6. Seal of office 7. General powers of Registrar PART III INITIAL REGISTRATION OF TITLES Division 1 — Bringing land under the Act on alienation 8. Alienation by State 9. Surrender and reissue of title to land 10. [Repealed] 11. [Repealed] 12. Restriction on registration or notification of assurance, instrument or caveat pending issue of fresh State title 13. Collector to furnish Registrar with particulars of fresh State title 14. Power of Registrar of Deeds to refuse registration of assurances 15. Application of section 8 16. Registrar to make an entry on folio as to conclusiveness of boundaries, etc. 17. Priority of interests protected by caveats, mortgages and statutory charges registered or notified on land-register Informal Consolidation – version in force from 8/5/2015 1 2004 Ed. Section 18. Collector may refuse to accept surrender of title to land for reissue of title Division 2 — Applications and schemes to bring land under this Act 19. Bringing lands under this Act 20. Primary applications 21. Unregistered land may be brought under this Act at instance of Registrar or on registration of conveyance 22. Land may be brought under this Act upon subdivision 23. In whose name title to issue 24. Mortgages and leases 24A. Leases of flats erected on unregistered land Division 3 — Qualified titles and caveats 25. Cautions and lapsing of cautions 26. Cancellation of cautions 27. Prior encumbrances to be notified on folio PART IV REGISTRATION 28. Land-register 29. Folios of land-register 30. New folios of land-register 31. Covenants restricting subdivision of land in State titles not to apply to registered land 32. Creation of new folios of land-register on application of mortgagee or chargee 33. Contingent interests 34. Certificates of title 35. Delivery of certificates of title, etc., after registration 36. Land-register as evidence 37. Registration and priority of instruments 38. Restrictions on Registrar’s powers of registration 39. Proprietors under disability 40. Corporations and limited liability partnerships 41. Death of party 42. Entries on documents of title 43. Replacement of certificates of title, etc. 43A. Surrender of earlier certificate of title, etc., upon replacement Land Titles2004 Ed. CAP. 157 2 Informal Consolidation – version in force from 8/5/2015 Section 44. Disposal of antecedent documents or instruments following creation of folio PART V EFFECT OF REGISTRATION Division 1 — Indefeasibility and priority 45. Instruments ineffectual until registered 46. Estate of proprietor paramount 47. Exoneration from effect of notice 48. Priority determined by order of registration 49. Priority of unregistered interests Division 2 — No title by adverse possession 50. No title by adverse possession PART VI INSTRUMENTS 51. Approved forms 51A. Lodgment of instrument in electronic form 52. Registration of mortgage, charge or lease 53. Manner of holding by co-owners 54. Description of land 54A. Obtaining of lot or strata lot number 55. Memorandum of prior encumbrances 56. Proprietor must execute instrument 57. Attestation and proof of execution 58. Execution of instruments by corporations, etc. 59. Certificate of correctness 60. Address for service of notices 60A. Service of notices, etc. 61. Instruments to take effect as deeds 62. Covenants in instruments: Words of succession implied PART VII TRANSFERS 63. Form and effect of transfers 64. Transfers of land subject to mortgage or charge Land Titles3 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Section 65. Estates for life and in remainder 66. Merger of contract in transfer 67. Merger of registered interests PART VIII MORTGAGES AND CHARGES Division I — Mortgages of registered land 68. Form and effect of mortgages and charges 69. Application of Conveyancing and Law of Property Act 70. Standard covenants and conditions applicable to mortgages 71. Submortgages 72. Custody of documents of title 73. Transfers made in exercise of power of sale 74. Application of proceeds of sale 75. Entry into possession 76. Foreclosure of mortgages 77. Right to discharge 78. Discharge of mortgages and charges 79. Satisfaction of charges 80. Tacking of further advances Division 2 — Common law mortgages notified on land-register 81. Application of this Division 82. Application of sections 71 to 75 and 78 to 80 83. Mortgagee to execute transfer 84. Discharge of a mortgage, etc., notified on land-register 85. Foreclosure of mortgages notified on land-register PART IX LEASES 86. Application of this Part 87. Form and registration of leases 88. Options for renewal and for purchase 89. Leases of mortgaged land 90. Covenants against assigning and subletting 91. Surrender of leases 92. Determination of leases 93. Implied powers of lessors Land Titles2004 Ed. CAP. 157 4 Informal Consolidation – version in force from 8/5/2015 PART X EASEMENTS Section 94. Interpretation of this Part 95. Licences not to be registered 96. Easements for installations 97. Registration necessary for creation of easements 97A. Power of court to create easements 98. Implied easements for passage of water, electricity, drainage, gas and sewerage for development 99. Implied easements for right of way and other rights shown in subdivision plan 100. Extinguishment by union of tenements 101. Easements to pass on transfer without express mention 102. Contribution to repairs 103. Grant of right of way 104. Party walls 105. Variation or release of easements 105A. Power of court to vary or extinguish easements 106. Cancellation of easements PART XI TRANSMISSIONS 107. Transmission on death of proprietors in severalty 108. Dealings without transmission 109. Full number of personal representatives required 110. Transmission on bankruptcy 111. Caveats by Official Assignee 112. Bankruptcy: Effect of disclaimer, discharge and annulment 113. Effect of transmission 114. Notice of death or defeasance PART XII CAVEATS 115. Caveats may be lodged 115A. Controller of Residential Property may lodge caveat 116. Provisional notification of caveats 117. Notification of caveats 118. Caveats lodged before initial registration Land Titles5 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Section 119. Effect of caveats 120. Effect of lodgment of a dealing affecting interest claimed in a caveat 121. Lapsing of caveats 122. Extension of caveats 123. Service of notices on caveator 124. Order for security, etc. 125. Notifications for lapsing, cancellation or extension of caveats 126. Withdrawal of caveats 127. Remedies of caveatee 128. Compensation payable for wrongfully lodging caveats, etc. 129. Registration of dealings in land 130. Right to injunction not affected PART XIII WRITS AND ORDERS OF COURT 131. Interpretation of this Part 132. Writs and orders not binding unless registered 133. Dealings by judgment debtors 134. Lapsing of writs 135. Land sold in pursuance of writs 136. Withdrawal and satisfaction of writs and orders 137. Vesting orders PART XIV RESTRICTIVE COVENANTS 138. Interpretation of this Part 139. Notification of restrictions 140. Release and variation of restrictions 141. Duration of restrictions PART XV STATUTORYACQUISITION AND SALE 142. Statutory obligations 143. Compulsory acquisition of registered land 144. Sale of land for revenue or rates 145. Statutory vesting not elsewhere provided for Land Titles2004 Ed. CAP. 157 6 Informal Consolidation – version in force from 8/5/2015 PART XVI POWERS OF ATTORNEY Section 146. Interpretation of this Part 147. Registration of instruments executed by attorneys 148. Exoneration of purchasers 149. General attorneys 150. Investigation and registration fees PART XVII CIVIL RIGHTS AND REMEDIES 151. Assurance fund 152. Registrar may be summoned for refusal to register instruments, etc. 153. Registrar may state a case 154. Actions for recovery of land 155. Actions for recovery of damages 156. Procedure in actions against assurance fund 157. Protection of bona fide purchasers, Authority and Registrar 158. Limitation of actions for damages 159. Correction of errors in land-register 160. Rectification of land-register by court PART XVIII SEARCHES AND CERTIFIED COPIES 161. Searches by public 162. Official searches 163. Priority affected by final official searches 164. Certified copies: Value as evidence PART XIX MISCELLANEOUS 165. Subdivision of registered land 166. Trusts 167. Exoneration of Authority and Registrar 168. Fees and accounts 169. Offences and penalties 170. Composition of offences Land Titles7 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Section 171. Fees to be paid to Authority 172. Rules 173. Saving of rights 174. Savings 175. Validation of extensions of caveats lodged under repealed Act 176. Transitional provisions The Schedule An Act which makes provision for the registration of titles to land. [1st March 1994] PART I PRELIMINARY Short title 1. This Act may be cited as the Land Titles Act. Division into Parts 2. This Act is divided into Parts, as follows: PART I ... sections 1-4 PART II ... sections 5-7 PART III Division 1 ... sections 8-18 Division 2 ... sections 19-24A Division 3 ... sections 25-27 PART IV ... sections 28-44 PART V Division 1 ... sections 45-49 Division 2 ... section 50 PART VI ... sections 51-62 Land Titles2004 Ed. CAP. 157 8 Informal Consolidation – version in force from 8/5/2015 PART VII ... sections 63-67 PART VIII Division 1 ... sections 68-80 Division 2 ... sections 81-85 PART IX ... sections 86-93 PART X ... sections 94-106 PART XI ... sections 107 114 PART XII ... sections 115 130 PART XIII ... sections 131 137 PART XIV ... sections 138 141 PART XV ... sections 142 145 PART XVI ... sections 146 150 PART XVII ... sections 151 160 PART XVIII ... sections 161 164 PART XIX ... sections 165 176. [25/2001] 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 1st March 1994, so far as they are inconsistent Land Titles9 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 with the provisions of this Act in their application to registered land, are repealed. (2) Nothing in this Act shall affect 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 (Cap. 269) shall not apply to registered land. (4) This Act shall bind 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 same meaning as in the Registration of Deeds Act (Cap. 269); “assurance fund” means the assurance fund constituted under section 151; “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act (Cap. 301); “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”, in relation to — (a) a manual folio includes a duplicate certificate of title issued by the Registrar before or after 1st March 1994; (b) a computer folio includes a print-out of that folio bearing a facsimile of the Registrar’s seal; Land Titles2004 Ed. CAP. 157 10 Informal Consolidation – version in force from 8/5/2015 “Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act (Cap. 25); [Act 8 of 2014 wef 15/08/2014] “Collector” has the same meaning as in the Land Revenue Collection Act (Cap. 155); “competent authority”, in relation to any development or subdivision of land, means the competent authority appointed under section 5 of the Planning Act (Cap. 232) 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 Land Titles11 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or [Act 11 of 2015 wef 08/05/2015] (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 (Cap. 163A) or otherwise; [Act 8 of 2014 wef 15/08/2014] “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, and “microfilmed” shall have a corresponding meaning; “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; Land Titles2004 Ed. CAP. 157 12 Informal Consolidation – version in force from 8/5/2015 “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 (Cap. 269); “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 (Cap. 232) or under any other written law and includes the competent authority; “State title” means any grant or lease issued under the State Lands Act (Cap. 314) or State Lands Ordinance 1886 and includes a Crown grant or lease issued under the Crown Lands Ordinance 1886 at any time prior to 16th September 1963; [Act 8 of 2014 wef 15/08/2014] “subdivided building” has the same meaning as in the Land Titles (Strata) Act (Cap. 158); “unregistered land” means any land which has not yet been brought under the provisions of this Act. [17/2001; 10/2003; 30/2003] (2) [Deleted by Act 8 of 2014 wef 15/08/2014] (3) A reference to land alienated by the State shall include a reference to land alienated by the Crown at any time prior to 16th September 1963. Land Titles13 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (4) A reference in this Act to a facsimile of the Registrar’s seal shall be a reference to an official seal which is a facsimile of the seal of office referred to 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 shall include, 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 (Cap. 232). [30/2003] (6) Where by reason of any notification made by the Minister under section 21(6) of the Planning Act — (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, then for the purposes of this Act, any reference to a subdivision plan issued or approved by the competent authority shall, where applicable, be construed to mean a reference to building plans approved by the relevant authority — (i) which are endorsed with a certificate by a surveyor who is registered under the Land Surveyors Act (Cap. 156) and has in force a practising certificate issued under that Act certifying that the boundaries of all the strata lots which he 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 (ii) which contain such other certifications and particulars as may be required by the Registrar or the Chief Surveyor. [30/2003] Land Titles2004 Ed. CAP. 157 14 Informal Consolidation – version in force from 8/5/2015 PART II ESTABLISHMENT OF LAND TITLES REGISTRY Appointment of Registrar, Deputy Registrars, Assistant Registrars and other officers 5.—(1) This Act shall be administered by the Registrar of Titles who shall be appointed by the Minister and who shall 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) such officer shall, subject to the general or special directions of the Registrar or any Deputy Registrar of Titles authorised by the Registrar to act on his 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 shall have and use a seal of office having inscribed in the margin thereof the words “Registrar of Titles, Singapore”. Land Titles15 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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 shall — (a) be received in evidence; and (b) unless the contrary is shown, be 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) he may administer oaths and take statutory declarations; (b) he may enter caveats for the prevention of fraud or improper dealing whenever he 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) he may — (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 [Act 8 of 2014 wef 15/08/2014] (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 him provided that the Registrar shall permit the person who is entitled to the custody of that instrument to inspect the instrument; and (d) he may 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 respecting that land or instrument. Land Titles2004 Ed. CAP. 157 16 Informal Consolidation – version in force from 8/5/2015 (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 whomay 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. [Act 8 of 2014 wef 15/08/2014] (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 he 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. Land Titles17 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 PART III 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 1st 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 shall 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. [25/2001] (2) Any land brought under the provisions of this Act under subsection (1) shall be 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 shall be 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 1st March 1994, the Collector shall upon the issue of the relevant State title deliver the full particulars of the State title to the Registrar who shall 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. Land Titles2004 Ed. CAP. 157 18 Informal Consolidation – version in force from 8/5/2015 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 (Cap. 269) with the consent of the Collector, and the Registrar of Deeds or the Registrar, as the case may be. (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. (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. (4) Upon the creation of one or more folios for the land, the Registrar shall, where applicable, notify any subsisting mortgage, statutory charge or caveat referred to in subsection (1)(a) and (b), and cancel the previously existing folio or folios for the land. (5) Any subsisting mortgage, statutory charge or caveat referred to 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 shall be deemed to be registered or notified against the estate and interest of the proprietor of land in whose name such folio or folios are issued. [Act 8 of 2014 wef 15/08/2014] 10. [Repealed by Act 8 of 2014 wef 15/08/2014] 11. [Repealed by Act 8 of 2014 wef 15/08/2014] Land Titles19 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 — (i) no assurance or caveat in respect of the unregistered land surrendered shall be capable of being registered under the provisions of that Act; and (ii) where such assurance or caveat has been registered, the Registrar of Deeds shall have 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 shall be 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 shall have 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. [Act 8 of 2014 wef 15/08/2014] 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 Land Titles2004 Ed. CAP. 157 20 Informal Consolidation – version in force from 8/5/2015 issued by the President under section 9 shall be endorsed with a statement by the Collector that the fresh State title or titles are subject to such subsisting mortgage, statutory charge or caveat referred to in that section. [Act 8 of 2014 wef 15/08/2014] (2) Upon the issue of the fresh State title by the President for the land surrendered under section 9, the Collector shall 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. [Act 8 of 2014 wef 15/08/2014] (3) Section 27(5) and (6) shall apply, 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 their written consent thereon — (a) the Registrar of Deeds shall 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 (Cap. 269), shall cancel the registration of that assurance and any entries relating thereto; and (b) the Collector shall disregard that assurance and may issue one or more fresh State titles as if that assurance had not been made. [Act 8 of 2014 wef 15/08/2014] Land Titles21 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Application of section 8 15.—(1) Section 8(2) and (3) shall apply 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. [25/2001] [Act 8 of 2014 wef 15/08/2014] (2) Section 8(4) shall apply 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 1st 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 shall — (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), he shall 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 referred to in subsection (2), the Registrar shall make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions. Land Titles2004 Ed. CAP. 157 22 Informal Consolidation – version in force from 8/5/2015 Priority of interests protected by caveats, mortgages and statutory charges 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 shall be determined as follows: (a) the priority for caveats lodged under section 115 and notified in the land-register shall 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 and subsequently notified on the folio or folios when created) shall be determined in accordance with section 48. [Act 8 of 2014 wef 15/08/2014] (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) shall apply, 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) shall 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. [Act 8 of 2014 wef 15/08/2014] 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 he 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. Land Titles23 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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. [25/2001] (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 shall be either qualified or unqualified as to title, and shall 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. [25/2001] (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 shall apply with such modifications as are necessary to that land. [25/2001] 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. [25/2001] (2) The following persons shall be 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 Land Titles2004 Ed. CAP. 157 24 Informal Consolidation – version in force from 8/5/2015 the provisions of this Act has been consented to by a majority in number of persons required to give that consent. [25/2001] (3) A primary application to bring land under the provisions of this Act shall — (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 his claim or from any person connected with the loss of those documents. [25/2001] (4) Notwithstanding 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. [25/2001] (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 shall be deemed to have power to apply to the Registrar to bring land under the provisions of this Act. [Act 8 of 2014 wef 15/08/2014] (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. [Act 8 of 2014 wef 15/08/2014] Land Titles25 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (7) The Registrar may refer any primary application to any legally qualified person for investigation of and report on the applicant’s title. [25/2001] (8) On the creation of a folio for the land, the Registrar shall 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. [25/2001] Unregistered land may be brought under this Act at instance of Registrar or on registration of conveyance 21.—(1) The Registrar may, if he thinks fit, bring under the provisions of this Act any unregistered land comprised in any conveyance registered under the Registration of Deeds Act (Cap. 269). [25/2001] (2) If the Registrar intends to bring any unregistered land under the provisions of this Act in accordance with subsection (1), the Registrar shall — (a) give notice of his 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, his documents of title or any other evidence substantiating his ownership of the land. [25/2001] (3) Where the owner of the land fails, neglects or refuses to comply with the notice under subsection (2), the Registrar shall 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 discretion deem appropriate. [25/2001] Land Titles2004 Ed. CAP. 157 26 Informal Consolidation – version in force from 8/5/2015 (4) After the Registrar has given notice under subsection (2) or (3), as the case may be, he shall bring the land specified in the notice under the provisions of this Act by creating one or more folios for that land. [25/2001] (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 his claim, the Registrar may, in his 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, his successor‑in‑title, his mortgagee or any person who has possession or control of the documents of title, and produced to the Registrar for his inspection and, if the Registrar so requires, retention. [Act 8 of 2014 wef 15/08/2014] (6) On registering a conveyance in accordance with section 7(2) of the Registration of Deeds Act (Cap. 269), the Registrar of Deeds shall forward the conveyance to the Registrar who may, if he thinks fit, bring the land comprised in the conveyance under the provisions of this Act. [25/2001] (7) The Registrar shall cancel the last deed pertaining to any land brought under the provisions of this Act in accordance with this section. [25/2001] 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 or under this Act, unless the entire parcel is brought under the provisions of this Act in accordance with Division 1 or this Division. [Act 8 of 2014 wef 15/08/2014] (2) Notwithstanding subsection (1), the Registrar of Deeds may register any assurance of the land or part thereof under the Registration of Deeds Act where the Registrar has issued to the owner a certificate exempting the land from the application of subsection (1). [Act 8 of 2014 wef 15/08/2014] Land Titles27 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (3) Subject to subsection (4), subsection (2) shall 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 before 15th May 1968. [25/2001] (4) Where the whole of the estate in an unregistered land referred to in subsection (3) comprising the subdivided building has wholly become vested or subsequently vests in the same proprietor at any time on or after 15th May 1968, subsection (2) shall apply to that unregistered land. [25/2001] In whose name title to issue 23.—(1) A folio created under this Division shall 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 [Act 8 of 2014 wef 15/08/2014] (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. [25/2001] (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. [25/2001] 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 (Cap. 269) in respect of land comprised in the folio shall, when notified on the folio, be deemed to be a mortgage registered Land Titles2004 Ed. CAP. 157 28 Informal Consolidation – version in force from 8/5/2015 under the provisions of this Act and the provisions of this Act applicable to registered mortgages shall apply to that mortgage. [25/2001] (2) Any second or subsequent conveyance by mortgage of the land in any such folio shall be deemed to be a second or subsequent mortgage registered under the provisions of this Act. [25/2001] (3) Where a folio has been created under this Division for any land — (a) subject to paragraph (b), the Registration of Deeds Act (Cap. 269) shall cease to apply to the land; (b) the Registration of Deeds Act shall continue 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. [25/2001] (4) Every folio created for any leasehold estate in land shall be subject to the rights and powers of the lessor or other proprietor of the reversion immediately expectant on the term. [25/2001] (5) Where the Registrar is unable to determine when the term of any leasehold estate in any unregistered land commences, he shall, for the purposes of bringing the land under the provisions of this Act, be entitled to assume that the term of the lease commences on the date of the lease. [25/2001] 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, 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 Land Titles29 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 the owner to produce the lease or any other documents of title in his possession for cancellation. [25/2001] (2) If the Registrar intends to issue a subsidiary certificate of title in accordance with subsection (1), the Registrar shall — (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 him of the Registrar’s decision to issue a subsidiary certificate of title for the flat. [25/2001] (3) A subsidiary certificate of title issued under this section shall, 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. [25/2001] (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, notwithstanding 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 — (i) the share in land owned by the owner; or (ii) the share in land appurtenant to the flat, [Act 8 of 2014 wef 15/08/2014] Land Titles2004 Ed. CAP. 157 30 Informal Consolidation – version in force from 8/5/2015 as the case may be. [25/2001] (5) A share in the land appurtenant to a flat comprised in a subsidiary certificate of title shall 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. [Act 8 of 2014 wef 15/08/2014] (6) Where the owner of the land has granted leases for some but not all of the flats in the building, he shall be deemed to be a proprietor of the flats which are still owned by him. [25/2001] (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 shall, except upon request, retain the certificate of title issued for the land. [Act 8 of 2014 wef 15/08/2014] (8) For the purposes of this section — (a) it shall be 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 (Cap. 158), this section shall prevail; and (c) “flat” shall have the meaning ascribed to it in section 3 of the Land Titles (Strata) Act. [25/2001] (9) This section shall also apply with the necessary modifications where — (a) subsisting leases for flats are registered under the Registration of Deeds Act (Cap. 269) 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. [25/2001] Land Titles31 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Division 3 — Qualified titles and caveats Cautions and lapsing of cautions 25.—(1) Upon the creation of a qualified folio, the Registrar shall 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 shall be so held. (2) A caution recorded on any qualified folio (whether created under this Act or the repealed Land Titles Act (Cap. 157, 1985 Ed.)) shall lapse 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 shall lapse as regards the estate or interest on the expiration of 5 years after the date of the last deed which was cancelled by the Registrar on the creation of the folio; or (b) if, immediately before the expiration 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 shall lapse — (i) on the expiration of that period; or (ii) on the expiration of 24 months after 20th August 2001*, [25/2001] whichever is the later. (3) A mortgagee or chargee shall not be regarded as a purchaser for the purposes of subsection (2). (4) When a caution lapses under subsection (2), the lapsed caution shall constitute a defunct entry and the Registrar shall, of his own *Date of commencement of section 8 of the Land Titles (Amendment) Act 2001 (Act 25 of 2001). Land Titles2004 Ed. CAP. 157 32 Informal Consolidation – version in force from 8/5/2015 motion, cause an entry to be made in respect of the lapsing of the caution. [Act 8 of 2014 wef 15/08/2014] (5) Upon the lapsing of a caution under subsection (2), the folio shall cease to be qualified and the land comprised therein shall thenceforth be 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 shall 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 he is able to — (a) deduce a title for a continuous period of not less than 12 years at the date of his application; and (b) satisfy the Registrar that there are no outstanding interests which are not notified on that folio. [10/2003] (2) Upon proof to the satisfaction of the Registrar that subsection (1) has been complied with, the Registrar shall 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 shall be 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 shall enter on a folio a notification of any caveat or other subsisting encumbrance — Land Titles33 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (a) which is apparent to him 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 attention as in this section provided. [25/2001] (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 shall enter a notification of such a caveat in that folio. [25/2001] (3) The proprietor in whose name a folio has been created shall lodge with the Registrar a statement setting out particulars of any subsisting interest affecting the land therein comprised which is known to him and which is not already notified under subsection (1) other than an interest excepted by section 46. [25/2001] (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 (Cap. 269), the Registrar may, on being satisfied that the caveat has not been withdrawn, cancelled or lapsed, enter a notification of such 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. [25/2001] (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), Land Titles2004 Ed. CAP. 157 34 Informal Consolidation – version in force from 8/5/2015 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. [25/2001] (5) An interest notified on the folio under this section is an interest within the meaning of section 46, but its notification shall 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 shall not, by reason of any provision of this Act, lose any priority which that interest would otherwise have had. PART IV REGISTRATION Land-register 28.—(1) The Registrar shall cause a register (referred to in this Act as the land-register) to be maintained for the purposes of this Act. (2) The land-register shall comprise — (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 shall 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; Land Titles35 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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; [35/2010 wef 17/01/2011] (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; and [35/2010 wef 17/01/2011] (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 (Cap. 274), [35/2010 wef 17/01/2011] and by allocating a distinctive reference to the record so made. (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 he 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 him of the duplicate lease. [Act 8 of 2014 wef 15/08/2014] (4) The Registrar may, if he 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 opinion, the relative positions of those parcels can be sufficiently and conveniently shown on the plan filed with and approved by the Chief Surveyor. Land Titles2004 Ed. CAP. 157 36 Informal Consolidation – version in force from 8/5/2015 (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. [25/2001] (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 shall cancel the previously created folio and may, for the purposes of this subsection, require the production to him of any certificate of title or duplicate lease. [Act 8 of 2014 wef 15/08/2014] (8) The Registrar shall have, and shall be deemed always to have had, power to cancel in such manner as he considers proper any entry or notification in the land-register that he is satisfied does not affect the land to which the entry or notification purports to relate. (9) The Registrar shall 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 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 opinion of the Registrar, it is impracticable to make further endorsements on an existing manual folio; and (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 opinion of the Registrar, 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 Land Titles37 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 undivided share as tenant-in-common of the whole of the land in an existing folio; [Act 8 of 2014 wef 15/08/2014] (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; [Act 8 of 2014 wef 15/08/2014] (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 [Act 8 of 2014 wef 15/08/2014] (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. (3) Upon the creation of a new folio, the Registrar shall cancel the previous folio and shall 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 shall, as between him and any person with whom he has dealt, be 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 shall apply, with the necessary modifications, thereto. Land Titles2004 Ed. CAP. 157 38 Informal Consolidation – version in force from 8/5/2015 Covenants restricting subdivision of land in State titles not to apply to registered land 31. The provisions of the State Lands Act (Cap. 314) and the covenants or conditions under that Act prohibiting or restricting the division or partition of land shall not apply to registered land. [Act 8 of 2014 wef 15/08/2014] 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 his 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. [Act 8 of 2014 wef 15/08/2014] (2) Where the registered mortgagor has given his consent for the application made by his registered mortgagee, the consent shall 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 shall be endorsed on the application. (4) The Registrar shall not be concerned to enquire whether — (a) any default referred to 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. Land Titles39 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Contingent interests 33.—(1) A new folio shall 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) shall 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, shall be deemed to have contingent interests. Certificates of title 34.—(1) The Registrar may, if he 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 shall be in an approved form. (3) Every certificate of title shall bear a serial number which shall show clearly the distinctive reference allocated to the folio. (4) When the Registrar issues a certificate of title, he shall cancel any certificate of title thereby superseded and produced or is otherwise available to him. (5) Notwithstanding subsection (1) but subject to subsection (6), the Registrar shall 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) shall 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. Land Titles2004 Ed. CAP. 157 40 Informal Consolidation – version in force from 8/5/2015 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 his 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 he 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 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 shall — (a) 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) be 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 shall — (a) be received in all courts as evidence of the particulars therein set forth; and (b) be 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 Land Titles41 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 thereon is, or was at the relevant time, entitled to the estate or interest in the land therein specified and described. [Act 4 of 2012 wef 01/08/2012] (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, shall be 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 shall have 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, he shall 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 shall 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; or (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, Land Titles2004 Ed. CAP. 157 42 Informal Consolidation – version in force from 8/5/2015 except that where an instrument affects only a registered lease and no folio has been created for the land leased, it shall be 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 shall register the instruments in the order in which he 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 shall, 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 him from, the instruments. (4) Where the intentions of the parties referred to in subsection (3) appear to the Registrar to conflict, the Registrar shall 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 shall, notwithstanding any express, implied or constructive notice, be 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 shall 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 shall show the date of registration and shall 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 own motion cancel that entry. Land Titles43 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Restrictions on Registrar’s powers of registration 38.—(1) The Registrar shall 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 shall 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. [Act 8 of 2014 wef 15/08/2014] (3) The Registrar shall 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. [Act 8 of 2014 wef 15/08/2014] (4) The Registrar shall 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. [25/2001] 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, he shall 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 shall 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 shall be deemed to have the same powers of acquisition and disposition as a natural person of full age and legal capacity. Land Titles2004 Ed. CAP. 157 44 Informal Consolidation – version in force from 8/5/2015 (2) This section shall apply to all corporations whether sole or aggregate, whether created by any written law or otherwise, and to all limited liability partnerships, and notwithstanding any stipulation, restriction, or qualification imposed in the constitution of the corporation or limited liability partnership (as the case may be) or elsewhere. (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. (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. [Act 8 of 2014 wef 15/08/2014] 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 shall 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. (2) The Registrar may dispense with production of a certificate of title referred to 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 a writ of execution or order of court; (c) for the registration of a statutory charge including a charge in favour of the Central Provident Fund Board; Land Titles45 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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; [Act 8 of 2014 wef 15/08/2014] (f) for the registration of any transfer or other instrument pursuant to a writ or order of court as defined in section 131; or [Act 8 of 2014 wef 15/08/2014] (g) for the cancellation of an easement under section 106. [Act 8 of 2014 wef 15/08/2014] (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. [25/2001] [Act 8 of 2014 wef 15/08/2014] 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. (2) Every new certificate of title or new subsidiary certificate of title issued under subsection (1) shall — (a) bear a new serial number allocated by the Registrar and only subsisting instruments and entries shall be shown on the folio; Land Titles2004 Ed. CAP. 157 46 Informal Consolidation – version in force from 8/5/2015 (b) be as valid as the certificate of title, subsidiary certificate of title or duplicate lease, as the case may be, it replaces; and (c) be usable for any purpose for which that certificate of title, subsidiary certificate of title or duplicate lease it replaces might have been used. (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 him, to the Registrar in the approved form, and shall be supported by such evidence as the Registrar may require. (4) The Registrar may require an applicant to give notice of his application by publishing, within 14 days after the date of his application, at the applicant’s cost, a copy of the application in one or more local daily newspapers circulating in Singapore. (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. (6) Upon the issuance of the new certificate of title or the new subsidiary certificate of title under subsection (1), the Registrar shall 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 shall cancel the certificate of title or subsidiary certificate of title which the new certificate of title or subsidiary certificate of title replaces for all purposes notwithstanding that the replaced certificate of title or subsidiary certificate of title, as the case may be, may subsequently be recovered. (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 shall enter a notification in the original lease of the issue of the new folio, and that notification shall cancel the duplicate lease notwithstanding that the duplicate lease may subsequently be recovered. [Act 8 of 2014 wef 15/08/2014] Land Titles47 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 shall surrender it to the Registrar for custody. (2) Any person who fails to surrender to the Registrar any certificate of title, subsidiary certificate of title or duplicate lease referred to 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. [Act 8 of 2014 wef 15/08/2014] 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 opinion of the Registrar, documents or instruments lodged with the Land Titles Registry need no longer be retained, the Registrar — (a) shall return or deliver to the person from whom he received the documents or instruments or to any other person entitled thereto any documents or instruments lodged or deposited with the Registrar; and [Act 8 of 2014 wef 15/08/2014] (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. [25/2001] [Act 8 of 2014 wef 15/08/2014] Land Titles2004 Ed. CAP. 157 48 Informal Consolidation – version in force from 8/5/2015 (2) The Registrar shall not destroy any document or instrument unless with the authorisation of the National Library Board under section 14D of the National Library Board Act (Cap. 197). [Act 25 of 2012 wef 28/03/2013] [Act 8 of 2014 wef 15/08/2014] PART V 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 shall pass, or the land shall become liable as security for the payment of money (as the case may be), subject to such covenants and conditions as are set forth in the instrument and are 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 shall be construed as preventing any unregistered instrument from operating as a contract. (4) This section shall apply notwithstanding the provisions of any written law for the compulsory acquisition or other statutory vesting of land. Estate of proprietor paramount 46.—(1) Notwithstanding — (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; (b) any failure to observe the procedural requirements of this Act; and Land Titles49 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (c) any lack of good faith on the part of the person through whom he claims, any person who becomes the proprietor of registered land, whether or not he dealt with a proprietor, shall hold 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 — (i) any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State title thereof; [Act 8 of 2014 wef 15/08/2014] (ii) 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 1st 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 3C of the State Lands Act (Cap. 314); [Act 11 of 2015 wef 08/05/2015] (iii) any statutory obligation as defined in section 142; (iv) the power to correct errors conferred on the Registrar by section 159; (v) the power to rectify the land-register conferred upon the court by section 160; (vi) 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 (vii) 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 (Cap. 274) in respect of any residential property (the expressions “transfer” Land Titles2004 Ed. CAP. 157 50 Informal Consolidation – version in force from 8/5/2015 and “residential property” to have the meanings assigned by that Act). [25/2001] [Act 8 of 2014 wef 15/08/2014] (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 his agent was a party or in which he or his 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 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 in purported exercise of a statutory power or authority. (3) Nothing in this section shall confer on a proprietor claiming otherwise than as a purchaser any better title than was held by his 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, no person dealing with a proprietor or with a person who is entitled to become a proprietor shall be required or in any manner 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; Land Titles51 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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, any rule of law or equity to the contrary notwithstanding. [25/2001*] (2) For the purpose of subsection (1), the knowledge that any unregistered interest is in existence shall not of itself be imputed as fraud. (3) The protection afforded by this section shall commence at the date of the contract or other instrument evidencing such dealing. (4) Section 15(2) and (3) of the Trustees Act (Cap. 337) shall not apply to any dealing by a proprietor of registered land. [25/2001] Priority determined by order of registration 48.—(1) Except as provided in subsection (2) and section 27(6), interests appearing in the land-register shall 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 requirements of the Registrar, the priority of that instrument shall be 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. [Act 8 of 2014 wef 15/08/2014] (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. *See Transitional Provision at section 176. Land Titles2004 Ed. CAP. 157 52 Informal Consolidation – version in force from 8/5/2015 (5) Upon registration of an instrument of postponement, the interests of the parties concerned shall rank in priority in the order therein expressed except that no person holding any registered or notified interest shall be bound by such postponement unless he 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 shall give 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 shall not of itself be imputed as fraud. (3) For the purposes of this section, the lodgment of an instrument for registration under the provisions of this Act shall have 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 shall otherwise give 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 shall be 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 shall be acquired by any length of possession by virtue of the Limitation Act (Cap. 163) or otherwise, nor shall the title of any proprietor of registered land be extinguished by the operation of that Act. [S 453/95] Land Titles53 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 PART VI INSTRUMENTS Approved forms 51.—(1) The forms from time to time approved by the Registrar shall 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 shall be 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. [10/2003] (2) No person shall lodge an instrument in electronic form unless he is authorised by the Registrar to do so. [10/2003] (3) Every instrument lodged in electronic form under this section shall be completed in such manner as may be required by the Registrar. [10/2003] (4) Where an instrument is lodged in electronic form under this section — (a) it shall be 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 shall not be concerned to enquire into the completeness or accuracy of the particulars as entered in the instrument and shall, on acceptance of the instrument so lodged, register the instrument in accordance with those particulars. [10/2003] Land Titles2004 Ed. CAP. 157 54 Informal Consolidation – version in force from 8/5/2015 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. [10/2003] (2) Upon registration of any mortgage, charge or lease, the Registrar shall 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 shall — (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 shall be 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 shall, unless they are described as tenants-in-common, hold the land as joint tenants; and if they are described as tenants-in-common, the shares in the registered land to be held by them shall, subject to subsection (2), be specified in the instrument. (2) Persons described as tenants-in-common shall, in the absence of any expression to the contrary, be 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 Land Titles55 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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. [25/2001] (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 shall vest 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 shall vest in the declarants as joint tenants; and (ii) the declarants and the other tenants-in-common shall 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 shall be held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant shall be 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. [Act 8 of 2014 wef 15/08/2014] Land Titles2004 Ed. CAP. 157 56 Informal Consolidation – version in force from 8/5/2015 (7) Where a joint tenant holds an estate or interest in registered land on trust, the severance of the joint tenancy shall 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 he is satisfied that the applicant is unable to produce the document of title on the basis that he is unable to procure it despite his best efforts. [25/2001] Description of land 54.—(1) Every instrument lodged for registration shall 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 (Cap. 232) 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 shall be accompanied by a plan which will enable the land to be identified with certainty. [25/2001] 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, he shall, after he has obtained the approval of the relevant authority and before he enters 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. [25/2001; 30/2003] Land Titles57 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (2) Notwithstanding section 165, the Registrar shall refuse to accept any caveat or charge or such other instrument for lodgment unless the proprietor has complied with subsection (1). [25/2001] Memorandum of prior encumbrances 55.—(1) Instruments intended to dispose of or to create any interest in registered land shall 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) shall not prevent registration of the instrument unless, in the opinion of the Registrar, 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 shall 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 shall be executed by the proprietor or proprietors thereof named in the land register at the time of registration of the instrument. (2) This section shall 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 XVI; (d) the sheriff or other officer of a court acting under a writ, order or decree of a court; [Act 8 of 2014 wef 15/08/2014] (e) the proprietor under his lawfully altered name where such name is different from that registered in the land-register; or Land Titles2004 Ed. CAP. 157 58 Informal Consolidation – version in force from 8/5/2015 (f) any person empowered in that behalf, directly or indirectly, by this Act or any other written law or by an order of court. [Act 8 of 2014 wef 15/08/2014] (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 shall 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 referred to in section 59, and — (i) where such instrument is executed in Singapore, the Registrar shall 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 shall presume that the solicitor who signed the certificate of correctness has satisfied himself that the execution of that instrument has been attested. [10/2003] (2) The Registrar may, in any case in which he 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 his respective witness to appear before him or before any person nominated by him 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: Land Titles59 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (a) for the entry, extension or withdrawal of a caveat; (b) for the registration of — (i) a writ of execution or an order of court; or (ii) the withdrawal of a writ of execution or an order of court; (c) for the cancellation of a writ of execution or order of court; or [Act 8 of 2014 wef 15/08/2014] (d) for such other purpose as may be prescribed. [10/2003] Execution of instruments by corporations, etc. 58.—(1) Subject to subsection (4), in favour of purchasers, an instrument dealing with registered land shall be 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. [Act 8 of 2014 wef 15/08/2014] (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 shall be deemed to have been executed in accordance with the requirements of this section. [Act 8 of 2014 wef 15/08/2014] (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 shall, in Land Titles2004 Ed. CAP. 157 60 Informal Consolidation – version in force from 8/5/2015 addition to the modes authorised by this section, be effectual as if this section had not been enacted. [Act 8 of 2014 wef 15/08/2014] (4) Where an instrument dealing with land (whether registered or unregistered) is an electronic instrument, it shall be 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. [10/2003] [Act 8 of 2014 wef 15/08/2014] 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. [25/2001; 10/2003] (2) The certificate by any party to the instrument shall imply representations that to the best of the signatory’s knowledge and belief and in so far as he 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. [25/2001] Land Titles61 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (3) Where — (a) a solicitor has been employed by a party to the instrument, the certificate referred to in subsection (2) shall be signed by the solicitor; or (b) a solicitor has not been employed by a party to the instrument, the party himself shall sign the certificate referred to in subsection (2) and if the party is a corporation or limited liability partnership, the certificate shall be signed by a responsible officer of the corporation or limited liability partnership, as the case may be. [Act 8 of 2014 wef 15/08/2014] (3A) Where any instrument is executed by an attorney (within the meaning of Part XVI) for a party to the instrument, the certificate by the attorney shall imply 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. [25/2001] (4) Each certificate shall 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. [25/2001; 10/2003] (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 such person to appear before him and to furnish satisfactory evidence as to his identity, capacity and authority. [Act 8 of 2014 wef 15/08/2014] (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 shall not prevent a person who may have sustained any damage or loss in consequence of errors or mistakes in any such certified instrument or Land Titles2004 Ed. CAP. 157 62 Informal Consolidation – version in force from 8/5/2015 caveat from recovering damages against the person who has certified the same. [Act 8 of 2014 wef 15/08/2014] (7) In any instrument which is registered under the provisions of this Act, any reference to “Certificate of Correctness” shall be construed as a reference to a certificate of correctness given under this section or any corresponding provision in any repealed enactment. [25/2001] (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 (Cap. 161). [Act 8 of 2014 wef 15/08/2014] 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) shall 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 his address in such prescribed manner, and the Registrar shall make an appropriate record of the change. [25/2001] (3) Section 72 of the Conveyancing and Law of Property Act (Cap. 61) shall not apply to the service on a proprietor or on a caveator of any notice authorised or required by this Act. Land Titles63 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 facsimile transmission to his address for service (within the meaning of this section) or to his last known place of residence or business in Singapore; [Act 8 of 2014 wef 15/08/2014] (b) by leaving it at his address for service (within the meaning of this section) or at his last known place of residence or business in Singapore; or [Act 8 of 2014 wef 15/08/2014] (c) by publishing a copy of the notice in one or more local daily newspapers circulating in Singapore. [25/2001] (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 his address for service. [25/2001] (3) On being notified through any prescribed method or in writing by a registered proprietor or a caveator of any change of his address for service or place of residence or business in Singapore, the Registrar shall make an appropriate record of the change of address. [25/2001] [Act 8 of 2014 wef 15/08/2014] (4) Where any notice or other document is — (a) sent by facsimile transmission in accordance with subsection (1), it shall be 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 Land Titles2004 Ed. CAP. 157 64 Informal Consolidation – version in force from 8/5/2015 for service or place of residence or business in Singapore, as the case may be; [Act 8 of 2014 wef 15/08/2014] (b) sent by pre-paid registered post, it shall be 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, notwithstanding it is returned undelivered; or (c) served by publishing a copy of it in one or more local daily newspapers circulating in Singapore, it shall be deemed to have been duly served on the person to whom it is addressed on the day of the last publication. [25/2001] (5) This section shall not apply to notices and documents to be served in proceedings in court. [25/2001] Instruments to take effect as deeds 61.—(1) Upon registration, any instrument disposing of or creating an interest in registered land shall have the effect of a deed. (2) Nothing in this Act shall prevent a party to an instrument affixing his 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 shall be deemed to be made by the covenantor and his successors in title with the covenantee and his successors in title and shall have effect as if such successors were expressly referred to therein. (2) Nothing in this section shall enlarge or extend the power of a covenantor to burden land in the hands of his successors in title. Land Titles65 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 PART VII 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, shall pass to and be vested in the transferee thereof as proprietor. (2) On the registration of any transfer of a mortgage or charge, the transferee shall become 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 (notwithstanding that 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 shall vest 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 shall be 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. Land Titles2004 Ed. CAP. 157 66 Informal Consolidation – version in force from 8/5/2015 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 shall 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 shall, upon registration of the transfer giving effect to the contract, be 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 such interests shall be evidenced by a surrender of lease, or by a discharge of mortgage or of charge, as the case may be. PART VIII MORTGAGES AND CHARGES Division I — 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. Land Titles67 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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 shall not operate as a transfer of the land mortgaged, but shall have 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 his 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 69.—(1) The provisions of Part IVof the Conveyancing and Law of Property Act (Cap. 61) shall 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 shall be deemed to be included the covenant and proviso implied by section 31 of the Conveyancing and Law of Property Act. (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 — “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. Land Titles2004 Ed. CAP. 157 68 Informal Consolidation – version in force from 8/5/2015 (4) To the extent to which any provision of the Conveyancing and Law of Property Act (Cap. 61) is inconsistent with any provision of this Act, the provisions of this Act shall 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, such prescribed covenants and conditions shall from the date of operation of the relevant rule be deemed incorporated in mortgages made on or after that date unless varied or negatived by express provision in the mortgage. [17/2001] 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 shall not be done or exercised by the mortgagor or chargor thereunder during the currency of the submortgage. (3) A submortgage shall 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 shall, as between himself and the mortgagor, be 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 his proper costs and expenses, the mortgagee shall 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. [Act 8 of 2014 wef 15/08/2014] Land Titles69 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Transfers made in exercise of power of sale 73.—(1) The Registrar shall 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 shall pass to and vest 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 his 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 (Cap. 61) of a sum to meet any prior encumbrances, shall be held by him 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, Land Titles2004 Ed. CAP. 157 70 Informal Consolidation – version in force from 8/5/2015 and the residue of the money so received shall 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 his power of sale, after discharge of prior encumbrances to which the sale is not made subject (if any), shall be held by him on trust to be applied — (a) firstly, in payment of all costs and expenses properly incurred by him 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 shall 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 shall 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 shall, as against the mortgagor or chargor and those claiming through or under him, be entitled to enter into possession of the mortgaged or charged land and to receive the rents and profits thereof. Land Titles71 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (2) The power of entry into possession conferred by this section shall 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 shall have 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 his 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 shall be sufficient discharge for any rents and profits therein expressed to be received, and any person paying them shall not be bound or concerned to inquire as to any default or other circumstance affecting the right of the person to give such notice beyond the fact of his 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 shall be deemed to have an equity of redemption; and (b) a mortgagee of registered land shall have 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 shall 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. [Act 8 of 2014 wef 15/08/2014] (3) The Registrar upon being satisfied that the court order is in order for registration shall register the order by entering a memorial of the court order in the relevant folio. Land Titles2004 Ed. CAP. 157 72 Informal Consolidation – version in force from 8/5/2015 (4) The court order when so entered in the land-register shall have 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 his obligations under a registered mortgage or charge, a mortgagor or chargor shall be entitled, subject to section 22 of the Conveyancing and Law of Property Act (Cap. 61), to obtain from the mortgagee or chargee a registrable discharge. [Act 8 of 2014 wef 15/08/2014] (2) A mortgagor or chargor shall not be 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 shall be 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 shall be registered by entering a memorial thereof on the relevant folio Land Titles73 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 whereupon the land shall be 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 1st March 1994, the Registrar shall dispense with the production of the duplicate of the relevant mortgage. [25/2001] 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 shall, 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 shall thereupon be 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 he has omitted to account. (2) The Registrar may, in his 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 shall not enter a notification of satisfaction of a charge under this section where the money unaccounted for exceeds the sum of $500. [Act 8 of 2014 wef 15/08/2014] Tacking of further advances 80.—(1) Notwithstanding any other provision of this Act, a prior mortgagee of registered land shall have the right to make further advances or give further credit or accommodation to rank in priority to subsequent mortgages — Land Titles2004 Ed. CAP. 157 74 Informal Consolidation – version in force from 8/5/2015 (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 shall 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. Land Titles75 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Division 2 — Common law mortgages notified on land-register Application of this Division 81. This Division shall apply to a mortgage which was registered under the Registration of Deeds Act (Cap. 269) 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 1st March 1994. Application of sections 71 to 75 and 78 to 80 82. Sections 71 to 75 and 78 to 80 shall 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 his power of sale, the mortgagee shall execute a transfer in the approved form for the purpose of transferring all the estate and interest in the land to the purchaser. (2) Notwithstanding the provisions of the Registration of Deeds Act (Cap. 269), a conveyance of any land executed by a mortgagee of a mortgage to which this Division applies shall not be registered under that Act. Discharge of a mortgage, etc., notified on land-register 84.—(1) No 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, shall be registered under the Registration of Deeds Act except in respect of any dealing which has been executed by any party to the relevant instrument prior to 1st March 1994. [Act 8 of 2014 wef 15/08/2014] (2) Where the Registrar of Deeds has inadvertently accepted for registration any instrument for any dealing completed after 1st March 1994, the Registrar of Deeds may cancel the registration of the instrument after having given 21 days notice to the person who Land Titles2004 Ed. CAP. 157 76 Informal Consolidation – version in force from 8/5/2015 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 1st 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 shall — (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. [Act 8 of 2014 wef 15/08/2014] (2) The Registrar, upon being satisfied that the court order is in order for registration, shall 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) shall have 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 referred to 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. Land Titles77 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 PART IX 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 shall be taken to authorise the breach of a covenant against subletting. (2) Part III of the Conveyancing and Law of Property Act (Cap. 61) shall apply, with the necessary modifications, to leases of registered land; but this Part shall 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. [Act 8 of 2014 wef 15/08/2014] (3) Nothing in this Act shall affect 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 shall 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 shall 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. Land Titles2004 Ed. CAP. 157 78 Informal Consolidation – version in force from 8/5/2015 (3) For the purposes of this section — (a) the fact that the term of a lease may be extended in pursuance of an option shall 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 shall 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 shall affect 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 shall 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 shall 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 shall not be concerned to inquire whether any unregistered interest has been created in pursuance of the option. (4) In registering or notifying the determination of a lease containing an option, the Registrar shall 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 shall not bind the mortgagee unless — (a) the lease is expressly or impliedly authorised, either by the mortgage or by law; or Land Titles79 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (b) the mortgagee consents to the lease. (2) This section shall not entitle a mortgagee to refuse to produce the document of title (if in his custody) to enable a lease by the mortgagor to be registered, but the production by a mortgagee of the document of title shall not imply a consent to the lease. [Act 8 of 2014 wef 15/08/2014] (3) When evidence is furnished to the Registrar that a mortgagee has consented to a lease by the mortgagor, the Registrar shall refer to that consent in the memorial of registration of the lease. (4) This section shall apply, with the necessary modifications, to leases executed by chargors of registered land. Covenants against assigning and subletting 90. The Registrar shall not be concerned to consider whether or not any dealing by a lessee is made in breach of a covenant against assigning or subletting. [25/2001] 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 shall 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 shall not extinguish the sublease, but the Registrar shall enter a memorial of registration of the sublease on the relevant folio, and the estate evidenced by that folio shall, to the extent and for the purpose of preserving such incidents and obligations as would otherwise have subsisted, be deemed to be the reversion expectant on the sublease. (4) An instrument of surrender shall be executed by the lessee and by any mortgagee or chargee of the term and shall be accepted by the proprietor and by any mortgagee or chargee of the reversion. Land Titles2004 Ed. CAP. 157 80 Informal Consolidation – version in force from 8/5/2015 (5) A proprietor seeking registration of a surrender by operation of law shall apply to the Registrar in the approved form and shall support his application by such evidence as the Registrar may reasonably require. [Act 8 of 2014 wef 15/08/2014] 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. [Act 8 of 2014 wef 15/08/2014] (2) An application under this section shall be supported by evidence of the happening of the event or of the lawful re-entry. (3) The Registrar may of his 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 shall be implied the following powers in the lessor: (a) that he may by himself or his agents 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 notice in writing of any defect, requiring him 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 he may by himself or his agents at all reasonable times during the term, with workmen and others and all necessary Land Titles81 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 shall be 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 him 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 shall be read subject to any written law imposing restrictions or conditions on re-entry or forfeiture or on ejectment of tenants. Land Titles2004 Ed. CAP. 157 82 Informal Consolidation – version in force from 8/5/2015 (4) Section 10 of the Conveyancing and Law of Property Act (Cap. 61) shall apply to a lease of registered land as if the powers implied by this section had been set forth or contained in the lease. PART X 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 shall 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 shall 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 shall 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 shall be deemed to have an interest in the land for the purposes of section 115. (3) An inadvertent contravention of this section shall not give to any interest a greater operation or effect than the interest would have had without registration or notification. Land Titles83 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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, shall 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 shall not be 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 3C of the State Lands Act; 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. [Act 11 of 2015 wef 08/05/2015] (2) An instrument of transfer which reserves out of the land transferred an easement appurtenant to other land of the transferor shall, upon registration, be effective as a regrant of the easement to the transferor without execution of the instrument by the transferee. (3) The instrument creating an easement shall 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 shall 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. Land Titles2004 Ed. CAP. 157 84 Informal Consolidation – version in force from 8/5/2015 (5) An easement shall be registered by the entry of a memorial thereof on the folio for the servient tenement. (6) A notification of the easement shall 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 shall 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 (referred to in this section as 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. (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. (3) An order made under subsection (1) shall specify the nature and terms of the easement and such of the particulars referred to in section 97(3) as are appropriate. Land Titles85 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (4) The costs of the proceedings are payable by the applicant, unless the court otherwise orders. (5) An easement created under this section shall 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. (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. [Act 8 of 2014 wef 15/08/2014] Implied easements for passage of water, electricity, drainage, gas and sewerage for development 98.—(1) There shall be implied in respect of each lot of land which forms part of the same development (referred to hereinafter as the lot) — (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 shall be 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 referred to in subsection (1) effective shall be 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 shall appear necessary but the proprietor of the dominant tenement shall make good any damage caused to the servient tenement. Land Titles2004 Ed. CAP. 157 86 Informal Consolidation – version in force from 8/5/2015 (4) In respect of all the easements implied by this section, there shall also be 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 shall bind any successor in title enjoying the benefit of the easements except that such a covenant shall not be implied where the proprietor of any lot is able to show that he is entitled to enjoy the easements free from the liability to contribute. (5) Subsection (4) shall not render any person liable to contribute to expenditure incurred at a time before he became, or after he ceased to be, a proprietor of the tenement to which the liability is attached. (6) Unity of seisin of 2 or more lots shall not destroy the easements implied by this section but on the cessation of such unity, they shall continue in full force and effect as if the seisin had never been united. (7) The easements implied by this section shall be enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) shall 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 (Cap. 232) 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. [30/2003] [Act 8 of 2014 wef 15/08/2014] Land Titles87 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 1st March 1994 and the subdivision plan has been submitted to the competent authority, there shall be 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 wef 31/03/2005] (1A) The easements which shall be 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 wef 31/03/2005] (2) All ancillary rights and obligations reasonably necessary to make the easements referred to in subsection (1A) effective shall be implied. [37/2004 wef 31/03/2005] (3) In respect of all the easements implied by this section, there shall also be 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 shall bind 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 shall bind only the registered proprietors of the lots on which party walls have been erected. Land Titles2004 Ed. CAP. 157 88 Informal Consolidation – version in force from 8/5/2015 (4) Subsection (3) shall not render any person liable to contribute to expenditure incurred at a time before he became, or after he ceased to be, a proprietor of the lot to which the liability is attached. (5) The easements implied by this section shall be enforceable without any memorial or notification on the folios, and accordingly section 97(5) and (6) shall not apply thereto. (6) Unity of seisin of 2 or more lots shall not destroy the easements implied by this section but on the cessation of such unity, they shall continue in full force and effect as if the seisin had never been united. (7) The easements implied by this section shall not apply to the lots in an estate where subdivision approval was given by the competent authority prior to 1st 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 (Cap. 232), 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; [37/2004 wef 31/03/2005] “lot”means a parcel of land forming part of an estate to which the Chief Surveyor has allotted a survey lot number and also Land Titles89 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 described as a “plot” in a subdivision plan submitted to the competent authority. [3/98] [37/2004 wef 31/03/2005] [Act 8 of 2014 wef 15/08/2014] 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 shall be 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 shall, 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, the Registrar shall, as soon as he becomes aware of that amalgamation, cancel the registration and notification of the easement. (3) For the purposes of this section, parcels of land shall not 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 shall pass 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 shall not pass to the transferee, registration of the transfer shall operate 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, shall continue to be appurtenant to every part of the dominant tenement notwithstanding severance. Land Titles2004 Ed. CAP. 157 90 Informal Consolidation – version in force from 8/5/2015 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 shall bind any successor in title to that party as if the successor had been a party to the original covenant. (2) This section shall not render any person liable to contribute to expenditure incurred at a time before he became, or after he 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 shall cease from the time at which he 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” shall have the same effect as if there had been inserted in lieu thereof the words respectively contained in Parts I and II of the Schedule. (2) The expressions referred to in subsection (1) shall 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 same meaning as in section 2 of the Conveyancing and Law of Property Act (Cap. 61), and it 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 Land Titles91 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 shall operate to create such easements accordingly. (3) Upon the registration of the conveyance creating any party wall, the Registrar shall 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. [Act 8 of 2014 wef 15/08/2014] (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. [Act 8 of 2014 wef 15/08/2014] 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. (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 (Cap. 232), 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. Land Titles2004 Ed. CAP. 157 92 Informal Consolidation – version in force from 8/5/2015 (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. (4) An order made under subsection (1) shall not vary or extinguish wholly or in part an easement until an instrument in the approved form has been registered. [Act 8 of 2014 wef 15/08/2014] Cancellation of easements 106.—(1) The Registrar shall cancel the registration or notification of an easement upon proof to his 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, he 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. Land Titles93 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 PART XI 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 shall 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 shall 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, in his discretion, register a transmission application by the Public Trustee acting in his capacity under section 6 of the Public Trustee Act (Cap. 260) 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) in pursuance of a devise in the will of the proprietor; (ii) in exercise of a power of appropriation of the assets of the proprietor; (iii) in pursuance of an appointment of new trustees of the proprietor; Land Titles2004 Ed. CAP. 157 94 Informal Consolidation – version in force from 8/5/2015 (iv) by way of distribution under the intestacy of the proprietor; or (v) in pursuance of a contract entered into by the proprietor in his 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) Notwithstanding 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 shall 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 shall 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 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 shall enter on the folio a memorial of registration in accordance with section 37. [Act 8 of 2014 wef 15/08/2014] Land Titles95 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (1A) The Official Assignee shall make such application as referred to in subsection (1) before exercising his rights under the Bankruptcy Act (Cap. 20) to sell the property. [25/2001] (2) Notwithstanding the provisions of any written law relating to bankruptcy for the time being in force, the vesting of registered land pursuant to proceedings thereunder shall be 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, he may lodge a caveat under section 115. [Act 8 of 2014 wef 15/08/2014] Bankruptcy: Effect of disclaimer, discharge and annulment 112. Notwithstanding 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, shall operate to divest the Official Assignee of registered land of which he is the proprietor until he 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. [Act 8 of 2014 wef 15/08/2014] 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, shall pass to and be vested in the person so registered as proprietor; and (b) that person shall hold the land in trust for the persons and purposes for which it is applicable by law; but for the purpose Land Titles2004 Ed. CAP. 157 96 Informal Consolidation – version in force from 8/5/2015 of any dealing under the provisions of this Act, and notwithstanding the fact that his description may indicate a fiduciary capacity, he shall be 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 satisfaction of such a death, the Registrar shall 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, he may apply for such registration in the approved form. (4) Section 29 of the Estate Duty Act (Cap. 96) shall apply to registered land, and upon the death of a joint tenant or a life tenant of registered land, the Commissioner of Estate Duties shall not be required to register any instrument of charge claiming an interest in the land for estate duty payable. PART XII 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 shall include the following particulars: Land Titles97 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (a) the name 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; [Act 8 of 2014 wef 15/08/2014] (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 he exercised the option to purchase the interest in the land, as the case may be; and (i) the particulars required by section 19 of the Residential Property Act (Cap. 274). (2) A caveator may, according to the extent of his 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 him in the caveat has consented in writing to such registration. [Act 8 of 2014 wef 15/08/2014] (3) For the purposes of this Part, and without limiting its generality, a reference to a person claiming an interest in land shall include 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; and Land Titles2004 Ed. CAP. 157 98 Informal Consolidation – version in force from 8/5/2015 (b) a person who has obtained an injunction in respect of an estate or interest in land. [25/2001] (4) Nothing in this section shall enable a caveator or a person nominated by him in a caveat under subsection (2)(b) to withhold his 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 (Cap. 274), 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 him in the caveat, has consented in writing to such registration. [35/2010 wef 17/01/2011] [Act 8 of 2014 wef 15/08/2014] 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 shall — (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. Land Titles99 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 shall — (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 shall 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 shall 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 shall be deemed to have been withdrawn. (4) The Registrar shall cancel the entry of the notification of a caveat referred to in subsection (3) in the Caveat Index or the land-register, as the case may be. (5) The Registrar shall not be concerned to consider whether or not a caveator’s claim is justified. [Act 8 of 2014 wef 15/08/2014] Land Titles2004 Ed. CAP. 157 100 Informal Consolidation – version in force from 8/5/2015 Caveats lodged before initial registration 118.—(1) Before bringing land under the provisions of this Act, the Registrar shall cause a search to be made for caveats in the Caveat Index, and upon creating a folio for that land shall 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 shall take 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 shall not operate to prohibit the registration of dealings affecting that land until it becomes registered land. [Act 8 of 2014 wef 15/08/2014] (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 shall have 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 shall have priority upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117. Land Titles101 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (4) Except as otherwise provided for in section 129(1), the Registrar shall not register any dealing which is prohibited by the caveat for so long as the caveat remains effective. [Act 8 of 2014 wef 15/08/2014] 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 shall serve on the caveator a notice of his intention, at the expiration of 30 days from the date of the service of the notice, to register the dealing, and he shall 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 [Act 8 of 2014 wef 15/08/2014] (b) the dealing has been uplifted or withdrawn or otherwise becomes incapable of registration. (2) For the purpose of this section, a dealing shall not be 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 shall be restored to its former efficacy. Lapsing of caveats 121.—(1) A caveat shall lapse and cease 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 Land Titles2004 Ed. CAP. 157 102 Informal Consolidation – version in force from 8/5/2015 section 122, at the expiration of each further 5-year period referred to 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 his 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 shall lapse and cease to have any effect. (3) Notwithstanding the absence of any statement made by the caveator or by his solicitor or attorney that his 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; and (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. [Act 8 of 2014 wef 15/08/2014] (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 shall be 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 shall 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) shall not prevent the lodgment of a fresh caveat in respect of the same matter. Land Titles103 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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 leave 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. [Act 8 of 2014 wef 15/08/2014] (8) The Registrar shall not be concerned with the validity of the further caveat referred to in subsection (7) and if such further caveat is lodged without being accompanied by the order as mentioned in that subsection, the caveator shall be 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) shall also apply 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 shall 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 Land Titles2004 Ed. CAP. 157 104 Informal Consolidation – version in force from 8/5/2015 of the last extension of caveat which was accepted and notified on the folio. (2) Where an extension of caveat referred to in subsection (1) is accepted for notification in the land-register, the Registrar shall make an appropriate notification showing clearly the relationship between the extension of caveat and the caveat affected. (3) The Registrar shall 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 shall not be concerned to consider or enquire into the validity of each claim except to satisfy himself that the claim expressed in each extension of caveat is similar to that expressed in the immediately prior caveat. (5) This section shall also apply 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 shall 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; Land Titles105 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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; [Act 8 of 2014 wef 15/08/2014] (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; and (e) the notice is served in any other manner, whether by advertisement or otherwise, as the Registrar may direct in writing. (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 shall record the change of name or address on the folio or in any other manner which the Registrar may direct. [Act 8 of 2014 wef 15/08/2014] 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 his caveat; or Land Titles2004 Ed. CAP. 157 106 Informal Consolidation – version in force from 8/5/2015 (d) make any other order considered just. Notifications for lapsing, cancellation or extension of caveats 125. The Registrar shall 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 his authorised agent including a solicitor acting on his behalf; (b) where the caveator is a natural person who has died, by his 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; [Act 8 of 2014 wef 15/08/2014] (e) by the person or the deputy appointed or deemed to be appointed for such person by the High Court under the Mental Capacity Act 2008, with power in relation to the management and care of the estate or interest claimed in the caveat; or [21/2008 wef 01/03/2010] (f) by the solicitor acting for any of the persons mentioned in paragraphs (b), (c), (d) or (e). (2) The Registrar shall not be concerned to satisfy himself 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 Land Titles107 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 subsection (1)(b), (c), (d) and (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, shall take 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, either ex parte or otherwise, as seems just. (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 shall give notice to the caveator that he intends to cancel the notification of the caveat, and he shall 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. [Act 8 of 2014 wef 15/08/2014] (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, he shall inform the caveatee that he 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) shall 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 shall be deemed to be a caveatee. Land Titles2004 Ed. CAP. 157 108 Informal Consolidation – version in force from 8/5/2015 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, shall be 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 referred to in subsection (1) shall be 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 shall not be 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 shall be deemed to allow a caveat to remain without reasonable cause if he fails to withdraw it within 7 days of the day on which his 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 65G of the Housing and Development Act (Cap. 129); Land Titles109 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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 (Cap. 158); (k) an application for notional shares in land under section 84E of the Land Titles (Strata) Act; (l) an application made to a Strata Titles Board, or any order made by a Strata Titles Board or the court, under Part VA of the Land Titles (Strata) Act; (m) a cancellation of the notification of an application for an order for collective sale made to a Strata Titles Board under Part VA of the Land Titles (Strata) Act; (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. [Act 8 of 2014 wef 15/08/2014] (1A) In addition, except in so far 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; Land Titles2004 Ed. CAP. 157 110 Informal Consolidation – version in force from 8/5/2015 (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, in pursuance of 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. [Act 8 of 2014 wef 15/08/2014] Land Titles111 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (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 shall lapse and cease 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 shall be deemed to have lapsed only to the extent necessary to permit such registration. [Act 8 of 2014 wef 15/08/2014] (3) For the purposes of subsection (2), a registration made under section 107, 110 or 114 shall be 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”; [Act 8 of 2014 wef 15/08/2014] “registered mortgage” means a mortgage registered under the Registration of Deeds Act (Cap. 269) 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. Right to injunction not affected 130. Nothing in this Part shall 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 [Act 8 of 2014 wef 15/08/2014] (b) restraining another caveator or any party to an action or suit in which the court orders the withdrawal or removal of a caveat Land Titles2004 Ed. CAP. 157 112 Informal Consolidation – version in force from 8/5/2015 or in which it declines to extend the currency of a caveat from lodging another caveat in the same matter. PART XIII WRITS AND ORDERS OF COURT Interpretation of this Part 131. In this Part, unless the context otherwise requires — “order” includes any rule or decree of any court; “Sheriff” includes any officer directed by a court to levy execution on land; “writ” means a writ of execution issued out of any court having jurisdiction to levy execution against land, and, where the context admits, includes renewal of a writ and a second or subsequent writ on the same judgment. Writs and orders not binding unless registered 132.—(1) A writ of execution, 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, shall not bind or affect such land until particulars of the writ or order have been entered in the land-register. (2) An entry referred to in subsection (1) shall constitute a memorial of registration within the meaning of section 37. (3) The person seeking registration shall lodge with the Registrar a duly certified copy of the writ or order together with an application indicating the titles in respect of which registration is required. [10/2003] [Act 8 of 2014 wef 15/08/2014] (4) The registration of a writ or an order shall enable the Sheriff or other person named therein to execute instruments registrable in accordance with this Act. (5) A writ shall not be registered unless it has been lodged for registration within 6 months of the date of its issue. Land Titles113 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (6) Where a writ has been registered then, until its registration has been cancelled in accordance with this Act, a renewal of that writ, or a second or subsequent writ on the same judgment, shall not be registered. Dealings by judgment debtors 133.—(1) The registration of a writ shall not prevent the lodgment of instruments executed by the judgment debtor, but any such instrument shall not be registered until registration of the writ has been cancelled as in this Act provided. (2) A renewal of a writ, or any second or subsequent writ on the same judgment, shall not be registered while any instrument executed by the judgment debtor is awaiting and is otherwise in order for registration. Lapsing of writs 134.—(1) Registration of a writ shall lapse, and the power of the Sheriff to execute registrable instruments pursuant thereto shall be extinguished, at the expiration of one year from the date of the registration of the writ, and the land thereupon shall cease to be bound thereby. (2) Subsection (1) shall not prevent the registration of a renewal of a writ, or of a second or subsequent writ issued on the same judgment. (3) Nothing in this Act shall enable a judgment creditor by a succession of writs on the same judgment to bind land for an uninterrupted period exceeding one year. (4) Upon the lapsing of the registration of a writ, the Registrar shall, on an application made by the proprietor or of anyone claiming through him in an approved form, cancel the registration of the writ. (5) The lapsing of the registration of a writ shall not prevent the registration of any instrument executed pursuant thereto and lodged for registration prior to such lapsing. Land Titles2004 Ed. CAP. 157 114 Informal Consolidation – version in force from 8/5/2015 Land sold in pursuance of writs 135.—(1) The interest in registered land which may be sold in execution under a writ shall be the interest which belongs to the judgment debtor at the date of the registration of the writ. (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 writ; and (b) any interest in that land created prior to the date of the registration of the writ, and not notified in the land-register nor protected by caveat at least 3 clear days before the date of the sale, shall be void against a purchaser of the land at the sale in execution under the writ. (3) Land shall not be sold in an execution under a writ until the expiration of 30 days from the date of the registration of the writ. (4) Where land is sold under this section, a transfer shall 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 shall cancel the existing folio and create a new folio in favour of the transferee. [Act 8 of 2014 wef 15/08/2014] Withdrawal and satisfaction of writs and orders 136.—(1) A writ or order of court may be withdrawn by the judgment creditor or other person for whose benefit it was issued, and the Registrar shall, upon receipt of an application made in the approved form, cancel the registration of that writ or order of court. (2) Upon production to him of sufficient evidence of the satisfaction of a writ, the Registrar shall cancel the registration thereof. (3) Before registering a withdrawal or a satisfaction of a writ, the Registrar may require evidence that the writ has not been put in force. Land Titles115 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Vesting orders 137.—(1) In all cases where a vesting order affecting registered land would be made under the Trustees Act (Cap. 337), the court shall, 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. [25/2001] (2) After the registration of that order under section 132, any instrument so executed shall have 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 XIV 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 shall enter a notification of the restrictions on the folio comprising the servient land. (2) Unless so notified a restriction shall not bind assigns of the land affected thereby. (3) The Registrar shall not enter a notification of any such instrument unless — Land Titles2004 Ed. CAP. 157 116 Informal Consolidation – version in force from 8/5/2015 (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 shall 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 shall not give the instrument any greater operation or effect than it would have had without that notification. (7) The Registrar shall 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 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 shall 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 shall not be concerned to investigate the title to that land. Land Titles117 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (4) The entry of a notification of an instrument of release or variation shall 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 shall have 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, the continued existence of the restriction will impede the development of the land for public or private purposes; or [Act 8 of 2014 wef 15/08/2014] (b) that the proposed extinguishment or variation will not materially injure the person entitled to the benefit of the restriction. [3/98] (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; or (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 shall 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 Land Titles2004 Ed. CAP. 157 118 Informal Consolidation – version in force from 8/5/2015 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 shall 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 for that purpose and upon entry of the notification, the restriction is extinguished or varied to that extent. [Act 8 of 2014 wef 15/08/2014] Duration of restrictions 141.—(1) Unless extended in the manner provided by this section, a restriction (other than a restriction referred to in subsection (2)) shall cease 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. [25/2001] (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 shall (unless extended in the manner provided by this section) cease 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 Land Titles119 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (c) the expiry of 24 months from 20th August 2001* , [25/2001] whichever expires the latest. (3) A notification on the land‑register in respect of any restriction shall be cancelled by the Registrar after the restriction ceases to be enforceable under subsection (1) or (2). [Act 8 of 2014 wef 15/08/2014] (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 shall notify any such extension on each folio on which the restriction is notified, and on the document of title if produced for that purpose. [Act 8 of 2014 wef 15/08/2014] (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 shall 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, shall not be concerned to investigate the title to that land. (8) A notification of any instrument of extension referred to in subsection (7) shall 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 he claimed to have. (9) Any restriction extended under this section shall enure for the benefit of every person who, during the period of the extension, is entitled to an interest in the dominant land. *Date of commencement of section 28 of the Land Titles (Amendment) Act 2001 (Act 25 of 2001). Land Titles2004 Ed. CAP. 157 120 Informal Consolidation – version in force from 8/5/2015 PART XV STATUTORYACQUISITION 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 shall 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. [Act 8 of 2014 wef 15/08/2014] (4) The notification of an instrument of statutory obligation shall 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 shall affect 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. Land Titles121 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (8) This section shall 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. [Act 8 of 2014 wef 15/08/2014] (3) The Registrar shall not be concerned to inquire into the regularity or validity of the acquisition, but upon registration thereof the estate or interest acquired shall vest in the public authority according to the tenor of the instrument of acquisition. (4) On registration of an instrument of acquisition, the Registrar shall cancel the registration of all encumbrances including any mortgage, charge or lease thereby overreached and shall, if so requested, cancel the folio (and the certificate of title thereof if produced for that purpose) and shall create a new folio for the estate or interest not affected by the acquisition. [10/2003] (5) Whenever a public authority that has become the proprietor of registered land so requests, the Registrar shall 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 II of the Land Revenue Collection Act (Cap. 155); or (b) section 39 of the Property Tax Act (Cap. 254), Land Titles2004 Ed. CAP. 157 122 Informal Consolidation – version in force from 8/5/2015 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 shall 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. [25/2001; 10/2003] (2) Upon registration of that transfer, the land shall vest 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. [Act 8 of 2014 wef 15/08/2014] (3) Where the existing certificate of title for the land is not presented with the transfer, the Registrar shall cancel the existing folio and shall create a new folio in favour of the transferee. (4) Section 14(1), (2) and (4) of the Land Revenue Collection Act (Cap. 155) shall not apply to transfers in pursuance of 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 shall, 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. [25/2001] (2) This section shall not apply to any vesting for the registration of which express provision is made by this Act. (3) Notwithstanding subsection (1), where a certificate of approval has been issued under section 14A of the Banking Act (Cap. 19) effecting a bank merger, the Registrar shall, 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 Land Titles123 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 transferred to that bank under the provisions of the Second Schedule to the Banking Act. [25/2001] [Act 8 of 2014 wef 15/08/2014] PART XVI 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, and in case of doubt, or where he suspects impropriety, may require the execution of the power to be proved. [Act 8 of 2014 wef 15/08/2014] (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 (Cap. 61), no further proof of execution shall be 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; or (b) that a duly certified copy delivered out of the Supreme Court under section 48 of the Conveyancing and Law of Property Land Titles2004 Ed. CAP. 157 124 Informal Consolidation – version in force from 8/5/2015 Act be lodged in the Land Titles Registry for inspection or for permanent record. [Act 8 of 2014 wef 15/08/2014] (4) As between an attorney and any purchaser from him of registered land, and notwithstanding any agreement or stipulation to the contrary, there shall be implied an undertaking by the attorney to comply, at his own expense (or that of his 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 shall be 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 shall not be concerned to inquire as to whether or not any such notice was received. (2) This section shall not operate to prolong the duration of a power which is expressed to terminate on a specified day, nor shall it validate any act of the attorney done after that day. (3) An attorney who purports to act in exercise of a power after he has received notice of its revocation shall be liable to the same penalties as if he 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 shall prejudice the right of a principal to recover damages from, or to institute other proceedings against, an agent who has exceeded his authority. General attorneys 149.—(1) Where in a power the attorney is described as the “general attorney” of the principal, the attorney shall 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 shall apply only — (a) to powers executed within Singapore; and Land Titles125 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (b) to powers executed outside Singapore which are expressed to be made in pursuance of this section. (3) The generality of the authority of an attorney who has been appointed a “general attorney” shall not be restricted by reason of the fact that the instrument appointing him also confers specific powers. (4) A general attorney may be appointed in relation to one or more specified items of property, and his authority as general attorney, and the exoneration conferred by this section, shall be 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 shall be 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 shall be void. (3) Where an attorney proves to the satisfaction of the Registrar that the power under which he 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. [Act 8 of 2014 wef 15/08/2014] PART XVII CIVIL RIGHTS AND REMEDIES Assurance fund 151.—(1) From the fees which are collected by the Registrar under this Act, the Authority shall set apart the proportion prescribed from Land Titles2004 Ed. CAP. 157 126 Informal Consolidation – version in force from 8/5/2015 time to time by rules made under this Act to constitute an assurance fund, from which shall be paid — (a) any sum necessary to compensate claimants under section 155; and (b) such other disbursements as are directed or authorised to be paid, or expressed to be recoverable, from that fund. [17/2000] (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 shall 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 shall be charged on and paid out of the Consolidated Fund. (5) The assurance fund shall not be 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, 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 hand the grounds of his refusal; and (b) if he thinks fit, summon the Registrar to appear before the court to substantiate and uphold the grounds of his refusal. (2) Such a summons shall be issued under the hand of a judge of the court and served upon the Registrar at least 6 clear days before the day Land Titles127 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 appointed for hearing the complaint of that person, and at the hearing, counsel for the Registrar shall have 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 shall make such order in the circumstances as the case may require, and the Registrar shall 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 shall 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 may state a case for the opinion of the court, and the court may give its judgment thereon, and that judgment shall be 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 leave, 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, shall be paid out of the assurance fund. Actions for recovery of land 154.—(1) No action of ejectment or other action for the recovery of registered land shall lie 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 Land Titles2004 Ed. CAP. 157 128 Informal Consolidation – version in force from 8/5/2015 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. [Act 8 of 2014 wef 15/08/2014] (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 shall 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, shall be 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 his 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 shall take into consideration the fact that the claimant’s own neglect, default or incaution may have caused or contributed to the deprivation, loss or Land Titles129 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 damage, and in any such case may withhold or abate damages or compensation accordingly. (3) No compensation shall 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. [25/2001] (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 shall be 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 his land under any of the provisions of this Act shall be 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 shall be 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 shall be 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 shall, not less than 14 days before the commencement of the action, serve notice of his claim on the Registrar as nominal defendant, stating the grounds on which his claim is made and the amount claimed. Land Titles2004 Ed. CAP. 157 130 Informal Consolidation – version in force from 8/5/2015 (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, he shall pay, in addition to his own costs, the costs of the Registrar in defending the action. (3) If in any such action the plaintiff recovers final judgment against the Registrar, then the court shall 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 shall be — (a) paid to the person recovering them; and (b) charged to the account of the assurance fund. (4) In all other cases, the Registrar’s costs shall be payable by the plaintiff. (5) Notwithstanding 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) Notwithstanding anything in this Act, no purchaser who has become a proprietor shall be subject to action for the recovery of land or of money on the plea that his vendor, or any predecessor in title, may have acted in bad faith. (2) Neither the Authority, the Registrar nor any person acting under it or his 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. [17/2001] [Act 8 of 2014 wef 15/08/2014] Land Titles131 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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 referred to 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, notwithstanding that 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) Notwithstanding this section, the Authority may, with the approval of the Minister, waive any immunity of the assurance fund hereinbefore conferred. [17/2001] Correction of errors in land-register 159.—(1) The Registrar may, upon such evidence as appears to him sufficient, correct errors and omissions in the land-register. (2) Without prejudice to the generality of the powers under subsection (1), the Registrar, of his own motion, or at the request of the aggrieved proprietor, may — (a) correct any folio which is erroneous because of the entry of a mis-spelt 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. Land Titles2004 Ed. CAP. 157 132 Informal Consolidation – version in force from 8/5/2015 (3) Any correction to a manual folio shall be made in such manner as to leave the erroneous matter legible and show the date the correction was made and shall be authenticated by the Registrar’s signature or initials and any correction to a computer folio shall 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 shall 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 may correct that folio, entry or endorsement which in his 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 shall, subject to section 158, be entitled to be compensated from the assurance fund for the land of which he has been deprived and for any improvement made thereon by him 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 him, 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. [Act 8 of 2014 wef 15/08/2014] (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 Land Titles133 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 lost, mislaid, destroyed or that are being improperly or wrongfully withheld. [Act 8 of 2014 wef 15/08/2014] (8) In this section, “correction” includes cancellation and the addition of matter which has been omitted. (9) For the purposes of section 158, time shall 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 him 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; or (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 (Cap. 274) is void under section 24 of that Act. (2) The land-register shall 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 his act, neglect or default. (3) Subsection (2) shall not apply in the circumstances referred to in subsection (1)(c). Land Titles2004 Ed. CAP. 157 134 Informal Consolidation – version in force from 8/5/2015 PART XVIII 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 shall 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 shall 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 shall apply for a microprint or a print-out of such instruments. [10/2003] [Act 8 of 2014 wef 15/08/2014] (4) A search shall extend only to such electronic instruments as the Registrar may determine. [10/2003] Official searches 162.—(1) Any person may apply in the approved form for an official search in the land-register to be made on his behalf. (2) Upon receipt of such an application, the Registrar shall cause a diligent search to be made, and shall 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. Land Titles135 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (5) An official search shall be sent by registered post, or delivered manually or by facsimile transmission to the applicant as he 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 he is a purchaser of the land in respect of which the search is required. (2) The Registrar shall make an entry in the land-register of the day and hour of posting, facsimile transmission 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 shall 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 shall 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, facsimile transmission 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, shall 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 custody and is the subject of a notification on the land register. [10/2003] Land Titles2004 Ed. CAP. 157 136 Informal Consolidation – version in force from 8/5/2015 (2) Every such certified copy signed by the Registrar and sealed with his 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. [Act 4 of 2012 wef 01/08/2012] (4) Subsection (1) shall apply only to such electronic instruments as the Registrar may determine. [10/2003] PART XIX MISCELLANEOUS Subdivision of registered land 165.—(1) Except as provided in this section, the Registrar shall not register any instrument affecting part of the land in a folio until he 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 (Cap. 25). [37/2004 wef 31/03/2005] (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, he shall enter thereon a caution to that effect, and he shall 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 shall be paid out of the assurance fund for any loss caused or occasioned by any inaccuracy of the boundaries and Land Titles137 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 dimensions shown on a folio which bears a caution as is provided in subsection (2). (4) Nothing in this section shall prevent the entry of a caveat, nor the registration of — (a) an easement; (aa) a lease referred to in section 4(2)(a) or (b) of the Planning Act; [Act 8 of 2014 wef 15/08/2014] (b) a mortgage or charge; or (c) any other instrument or class of instruments which may from time to time be prescribed. [25/2001] 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 he is a trustee. (2) The Registrar shall not enter particulars of the trust except that he 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 shall not affect the operation of section 47. (3) Subject to the provisions of any caveat affecting the land, a registered proprietor who is a trustee shall hold the estate or interest of which he is a registered proprietor 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 shall 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. Land Titles2004 Ed. CAP. 157 138 Informal Consolidation – version in force from 8/5/2015 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 is not 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. (2) No action or claim shall 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. [17/2001] [Act 8 of 2014 wef 15/08/2014] Fees and accounts 168. The Registrar shall be 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 such rules. [17/2001] 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; [Act 8 of 2014 wef 15/08/2014] (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 Land Titles139 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 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. [Act 8 of 2014 wef 15/08/2014] (2) No proceeding or conviction for any act made punishable by subsection (1) shall affect any remedy which any person aggrieved or injured by that act may be entitled to against the person who committed the act or against his estate. Composition of offences 170.—(1) The Registrar or any person authorised by him in writing may, in his discretion, 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. [17/2001] (2) The Authority may, with the approval of theMinister, make rules to prescribe the offences which may be compounded. [17/2001] (3) On payment of such sum, no further proceedings shall be taken against that person in respect of the offence. [17/2001] (4) All sums collected under this section shall be paid into the funds of the Authority. [169A [17/2001] Land Titles2004 Ed. CAP. 157 140 Informal Consolidation – version in force from 8/5/2015 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 shall be paid into the funds of the Authority. [170A [17/2001] 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. [17/2001] (2) The Authority may make rules regulating the practice of the Land Titles Registry in relation to matters arising under this Act. [17/2001] (3) All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette. [170 Saving of rights 173. For the avoidance of doubt, it is hereby declared that nothing in this Act shall affect the rights conferred on the Public Utilities Board by section 6 of and the Second Schedule to the Public Utilities Act Land Titles141 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 (Cap. 261) and by section 4 of the Sewerage and Drainage Act (Cap. 294) and the Commissioner of Building Control by sections 27, 28, 29 and 32 of the Street Works Act (Cap. 320A). [171 [26/95; 10/99; 25/2001] Savings 174.—(1) A reference in this Act to land brought under the provisions of this Act shall include a reference to land which has been brought under the provisions of the repealed Land Titles Act (Cap. 157, 1985 Ed.*) (referred to in this Part as the repealed Act). (2) Any register, instrument, index or other document maintained under the repealed Act shall be continued to be maintained under the corresponding provision of this Act. (3) In so far 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 shall have effect as if made or done under the corresponding provision of this Act. (4) A reference to a caveat in this Act shall include 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 1st 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 1st March 1994 and whose registration was not completed before that date shall, where applicable, be deemed to be an application, instrument or caveat lodged for registration under a corresponding provision of this Act. (7) Where at any time before 1st March 1994 a person — (a) was in adverse possession of any registered land; and *The Land Titles Act (Cap. 157, 1985 Ed.) was repealed by the Land Titles Act 1993 (Act 27 of 1993) with effect from 1st March 1994. Land Titles2004 Ed. CAP. 157 142 Informal Consolidation – version in force from 8/5/2015 (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 shall be dealt with in accordance with the provisions of the repealed Act in force immediately before that date. (8) Where at any time before 1st 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, he may, within 6 months of that date make an application to court for an order to vest the title in him or lodge an application for a possessory title to the land and the application shall be dealt with in accordance with the provisions of the repealed Act in force immediately before that date. (9) Section 87 shall not prevent the registration of leases for a term not exceeding 7 years which were executed before 1st 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 1st March 1994, held office as the Registrar of Titles, Deputy Registrar of Titles or Assistant Registrar of Titles shall continue to hold such office as if he had been appointed under section 5. (11) Any written law or other document referring to the repealed Act shall, as far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to this Act. (12) Except as expressly provided in this section, nothing in this section shall be taken as prejudicing the operation of section 16 of the Interpretation Act (Cap. 1) (which relates to the effect of repeals). [172 Land Titles143 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 Validation of extensions of caveats lodged under repealed Act 175.—(1) Where at any time before 1st 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 shall 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) shall not apply to a caveat where an order has been made by a court before 1st March 1994 in respect of the validity or priority of the caveat. [173 Transitional provisions 176. The amendment to section 47 made by section 15 of the Land Titles (Amendment) Act 2001 (Act 25 of 2001) shall 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 20th August 2001. [25/2001] Land Titles2004 Ed. CAP. 157 144 Informal Consolidation – version in force from 8/5/2015 THE SCHEDULE Section 103(1) PART I 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 him, 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 II 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 him, to go, pass, and repass, on foot, at all times and for all purposes, without animals or vehicles, to and from that dominant tenement. Land Titles145 CAP. 157 2004 Ed. Informal Consolidation – version in force from 8/5/2015 LEGISLATIVE HISTORY LAND TITLES ACT (CHAPTER 157) This Legislative History is provided for the convenience of users of the Land Titles Act. It is not part of the Act. 1. Act 27 of 1993 — Land Titles Act 1993 Date of First Reading : 16 November 1992 (Bill No. 36/92 published on 17 November 1992) Date of Second Reading : 18 January 1993 Date Committed to Select Committee : Parl 3 of 1993 presented to Parliament on 18 August 1993 Date of Third Reading : 30 August 1993 Date of commencement : 1 March 1994 2. 1994 Revised Edition — Land Titles Act Date of operation : 30 December 1994 3. Act 26 of 1995 — Public Utilities Act 1995 (Consequential amendments made by) Date of First Reading : 25 May 1995 (Bill No. 20/95 published on 26 May 1995) Date of Second and Third Readings : 7 July 1995 Date of commencement : 1 October 1995 4. Act 3 of 1998 — Planning Act 1998 (Consequential amendments made by) Date of First Reading : 19 November 1997 (Bill No. 18/97 published on 20 November 1997) Date of Second and Third Readings : 14 January 1998 Date of commencement : 1 April 1998 Informal Consolidation – version in force from 8/5/2015 5. Act 17 of 2001 — Singapore Land Authority Act 2001 (Consequential amendments made by) Date of First Reading : 5 March 2001 (Bill No. 17/2001 published on 7 March 2001) Date of Second and Third Readings : 19 April 2001 Date of commencement : 1 June 2001 6. Act 25 of 2001 — Land Titles (Amendment) Act 2001 Date of First Reading : 11 July 2001 (Bill No. 23/2001 published on 12 July 2001) Date of Second and Third Readings : 25 July 2001 Date of commencement : 20 August 2001 7. Act 10 of 2003 — Land Titles (Amendment) Act 2003 Date of First Reading : 20 March 2003 (Bill No. 8/2003 published on 21 March 2003) Date of Second and Third Readings : 24 April 2003 Date of commencement : 9 June 2003 8. Act 30 of 2003 — Planning (Amendment) Act 2003 (Consequential amendments made by) Date of First Reading : 16 October 2003 (Bill No. 27/2003 published on 17 October 2003) Date of Second and Third Readings : 11 November 2003 Date of commencement : 10 December 2003 (section 6) 9. 2004 Revised Edition — Land Titles Act Date of operation : 31 July 2004 10. Act 37 of 2004 — Land Surveyors (Amendment) Act 2004 (Consequential amendments made to Act by) Date of First Reading : 1 September 2004 (Bill No. 36/2004 published on 2 September 2004) Date of Second and Third Readings : 21 September 2004 ii Informal Consolidation – version in force from 8/5/2015 Date of commencement : 31 March 2005 11. Act 21 of 2008 — Mental Health (Care and Treatment) Act 2008 (Consequential amendments made to Act by) Date of First Reading : 21 July 2008 (Bill No. 11/2008 published on 22 July 2008) Date of Second and Third Readings : 16 September 2008 Date of commencement : 1 March 2010 12. Act 35 of 2010 — Residential Property (Amendment) Act 2010 (Consequential amendments made to Act by) Date of First Reading : 18 October 2010 (Bill No. 30/2010 published on 18 October 2010) Date of Second and Third Readings : 22 November 2010 Date of commencement : 17 January 2011 13. Act 4 of 2012 — Evidence (Amendment) Act 2012 (Consequential amendments made to Act by) Date of First Reading : 16 January 2012 (Bill No. 2/2012 published on 16 January 2012) Date of Second and Third Readings : 14 February 2012 Date of commencement : 1 August 2012 14. Act 25 of 2012— Statutes (Miscellaneous Amendments) (No. 2) Act 2012 Date of First Reading : 10 September 2012 (Bill No. 23/2012 published on 10 September 2012) Date of Second and Third Readings : 15 October 2012 Date of commencement : 28 March 2013 15. Act 8 of 2014 — Land Titles (Amendment) Act 2014 Date of First Reading : 20 January 2014 (Bill No. 4/2014 published on 20 January 2014) Date of Second and Third Readings : 17 February 2014 Date of commencement : 15 August 2014 iii Informal Consolidation – version in force from 8/5/2015 16. Act 11 of 2015 — State Lands (Amendment) Act 2015 Date of First Reading : 12 February 2015 (Bill No. 6/2015 published on 12 February 2015) Date of Second and Third Readings : 13 March 2015 Date of commencement : 8 May 2015 iv Informal Consolidation – version in force from 8/5/2015 COMPARATIVE TABLE LAND TITLES ACT (CHAPTER 157) The following provisions in the 1994 Revised Edition of the Land Titles Act have been renumbered by the Law Revision Commissioners in this 2004 Revised Edition. This Comparative Table is provided for the convenience of users. It is not part of the Land Titles Act. 2004 Ed. 1994 Ed. 8—(1) 8—(1) — (2) (Deleted by Act 25/2001) (2), (3) and (4) (3), (4) and (5) 16—(1) 16—(1) (2) and (3) (2) 20—(1) to (4) 20—(1) to (4) (5) and (6) (5) (7) and (8) (6) and (7) 47—(1) and (2) 47—(1) (3) and (4) (2) and (3) 48—(1) and (2) 48—(1) (3), (4), (5) and (6) (2), (3), (4) and (5) 49—(1) and (2) 49—(1) and (2) (3) and (4) (3) (5) (4) 60—(1) and (2) 60—(1) and (2) — (3) (Deleted by Act 25/2001) (3) (4) 76—(1) 76—(1) (2), (3) and (4) (2) 85—(1) 85—(1) Informal Consolidation – version in force from 8/5/2015 2004 Ed. 1994 Ed. (2) and (3) (2) (4) (3) 100—(1) and (2) 100—(1) (3) (2) 117—(1) and (2) 117—(1) and (2) (3) and (4) (3) (5) (4) 121—(1) to (5) 121—(1) to (5) (6) and (7) (6) (8), (9) and (10) (7), (8) and (9) 132—(1) and (2) 132—(1) (3), (4), (5) and (6) (2), (3), (4) and (5) 134—(1), (2) and (3) 134—(1) (4) and (5) (2) and (3) 139—(1) and (2) 139—(1) (3), (4), (5), (6), (7) and (8) (2), (3), (4), (5), (6) and (7) 140—(1) and (2) 140—(1) (3), (4), (5) and (6) (2), (3), (4) and (5) (7), (8), (9), (10) and (11) (6), (7), (8), (9) and (10) 141—(1) 141—(1) (2) (1A) (3) (1B) (4) to (6) (2) to (4) (7) and (8) (5) (9) (6) 142—(1) 142—(1) (2) and (3) (2) (4) to (8) (3) to (7) ii Informal Consolidation – version in force from 8/5/2015 2004 Ed. 1994 Ed. 156—(1) and (2) 156—(1) and (2) (3) and (4) (3) (5) (4) 158—(1) and (2) 158—(1) (3) and (4) (2) and (3) 163—(1) 163—(1) (2) and (3) (2) (4) and (5) (3) and (4) 166—(1) and (2) 166—(1) and (2) (3) and (4) (3) 170 169A 171 170A 172—(1) 170—(1) (2) (1A) (3) (2) 173 171 174 172 175 173 176 (Taken from section 35 of Act 25/2001) — iii Informal Consolidation – version in force from 8/5/2015