Long Title

Part I PRELIMINARY

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 of title to land freed and discharged from subsisting mortgage

10 Surrender of title to land subject to subsisting mortgage, statutory charge or caveat

11 Surrender of title to unregistered land with subsisting caveat

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

13 Collector to furnish Registrar with particulars of land upon issue of fresh 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

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

41 Death of party

42 Entries on instruments of title

43 Replacement certificates of title

44 Disposal of antecedent documents of title 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

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

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 instruments 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 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

Part X EASEMENTS

94 Interpretation of this Part

95 Licences not to be registered

96 Easements for installations

97 Registration necessary for creation of 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 inan approved 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 Release of 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

116 Provisional notification of caveats

117 Notification of caveats

118 Caveats lodged before initial registration

119 Effect of caveats

120 Effect of lodgment of an instrument 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 STATUTORY ACQUISITION 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

Part XVI POWERS OF ATTORNEY

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 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 Registrar

168 Fees and accounts

169 Offences and penalties

170 Composition of offences

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 Part I

Legislative History

Comparative Table