On 18/06/2013,
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incorporating all amendments published on or before 18/06/2013.
The closest version currently available is that of 12/11/1993.
PART III
INITIAL REGISTRATION OF TITLES
8.
—(1) Where at any time, whether before or after the commencement of this Act, the State alienates or has alienated —
(a)
an estate in fee simple;
(b)
an estate in perpetuity; or
(c)
a leasehold estate of not less than 10 years,
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.
(2) No land shall be brought under the provisions of this Act unless the estate held under a State lease has an unexpired term of not less than 10 years on the commencement of this Act.
(3) Any land brought under the provisions of this Act pursuant to subsection (1) shall be held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the relevant State title.
(4) Pending the issue of a State title, the land brought under the provisions of this Act pursuant to 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.
(5) Where any land has been brought under the provisions of this Act pursuant to any certificate issued by the Collector before the commencement of this Act, 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.
9.
—(1) Where the President accepts the surrender of the title to land of different tenure for the reissue of one or more fresh titles of one type of tenure freed and discharged from any subsisting mortgage, the person entitled to be issued with the fresh title or titles in respect of the whole or part of the land surrendered may, with the consent of the Collector and the Registrar —
(a)
in the case where the surrender is in respect of unregistered land, create a mortgage in respect of his right, title and interest in the unregistered land prior to the issue of the fresh title by the President with the intent that the mortgage shall pro tanto be in substitution for a mortgage which was subsisting prior to the surrender of the unregistered land; or
(b)
in the case where the surrender is in respect of registered land, create a mortgage in respect of his right, title and interest in the registered land prior to the issue of a fresh title by the President with the intent that the mortgage shall pro tanto be in substitution for a mortgage which was subsisting prior to the surrender of the registered land.
(2) The following provisions shall apply to any mortgage created in respect of unregistered land in accordance with subsection (1)(a):
(a)
notwithstanding any other provision of this Act, the mortgage created in accordance with subsection (1)(a) may be registered under the provisions of the Registration of Deeds Act (Cap. 269);
(b)
where the mortgage has been registered, provisionally or otherwise, under the Registration of Deeds Act, the person claiming as mortgagee under the mortgage may lodge an application with the Registrar for that mortgage to be notified on the relevant folio when created, and the Registrar shall, if satisfied that the application is in order, pending the creation of the folio, record the application in a provisional register-book, and thereupon the mortgage shall constitute a registered mortgage to the extent that the mortgagee of the mortgage may exercise the same powers as if he were a registered mortgagee;
(c)
where the Registrar has recorded the application for the notification of the mortgage on the provisional register-book pursuant to paragraph (b), the Registrar shall notify the mortgage on the relevant folio when created;
(d)
nothing in this section shall require the Registrar to notify any mortgage created pursuant to subsection (1)(a) on the folio when created unless an application to notify the mortgage on the land-register has been lodged with and accepted by the Registrar as being in order for notification, and except in the case of fraud a purchaser dealing with the whole or part of the land at any time after the land has been brought under this Act shall not be deemed to have notice of any mortgage which has not been notified by the Registrar on the folio when created;
(e)
an assurance dealing with a mortgage referred to in subsection (1)(a) may be made with the consent of the Collector and the Registrar and may be registered under the provisions of the Registration of Deeds Act (Cap. 269); and
(f)
any assurance made in favour of a purchaser by the mortgagee exercising his power of sale under a mortgage created pursuant to subsection (1)(a) may, with the consent of the Collector, be registered under the provisions of the Registration of Deeds Act, and upon the acceptance by the Registrar of Deeds of the assurance for registration —
(i)
the purchaser from the mortgagee shall be deemed to be a successor in title of the right, title and interest in the land surrendered to the extent of the whole or part of the land conveyed to the purchaser by the mortgagee under the assurance and shall be bound by all the terms and obligations relating to the surrender of the whole or part of the land sold as if these terms and obligations have been made between the purchaser and the Collector; and
(ii)
the fresh title shall be issued to the purchaser named in the assurance registered under the Registration of Deeds Act (Cap. 269) if the Collector acting on behalf of the President is satisfied with the right, title or interest conveyed to the purchaser by the mortgagee under the assurance.
(3) The following provisions shall apply to any mortgage created in respect of registered land pursuant to subsection (1)(b):
(a)
pending the issue of the fresh title, the mortgagee of a substituted mortgage referred to in subsection (1)(b) may lodge with the Registrar an application to notify the substituted mortgage on the existing folio and when the application is found to be in order, the Registrar shall notify the substituted mortgage on the existing folio notwithstanding the completion of the surrender to the State; and
(b)
the substituted mortgage shall for the purposes of this section be deemed to be a mortgage registered under this Act and the provisions of Part VIII shall apply thereto.
(4) Upon the creation of one or more folios for the land, the Registrar shall notify the substituted mortgage on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land.
10. Without prejudice to section 9, where the President agrees to accept the surrender of title to land for the issue of one or more fresh titles, the President may do any or all of the following:
(a)
where the surrender is of the title to land of one type of tenure for the reissue of one or more fresh titles with similar tenure, accept the surrender of the title to the land subject to any subsisting mortgage with the consent of the mortgagee and the Registrar; and
(b)
accept the surrender of the title to the land subject to any subsisting statutory charge in favour of the Central Provident Fund Board or caveat notified under this Act with the consent of the Registrar.
11.
—(1) Where the title to any unregistered land with any subsisting caveat registered under the Registration of Deeds Act (Cap. 269) is to be surrendered to the President for the reissue of one or more fresh titles, the owner of the land shall —
(a)
serve by registered post a notice on each caveator —
(i)
informing him of the intention to surrender the land and that the surrender may be accepted 3 weeks after service of the notice on him; and
(ii)
advising him, if he has not already done so, to lodge with the Registrar a caveat in accordance with section 115 in respect of his interest in the land; and
(b)
after serving every such notice, forthwith file a statutory declaration with the Registrar containing evidence of such service.
(2) Upon the expiration of 3 weeks after the notice under subsection (1) is served in accordance with that subsection or, where more than one notice is served, after the last notice is so served, the Registrar, on being satisfied that the notice has been duly served, shall endorse his consent on the surrender.
(3) Upon the endorsement of the consent of the Registrar on the surrender, the surrender may be accepted by the President and when the surrender is accepted for provisional registration after it is lodged in the Registry of Deeds, the land comprised in the surrender shall be freed and discharged of any subsisting caveat registered against the land as at the date of the surrender.
(4) Upon the provisional registration of the surrender by the Registrar of Deeds, the respective interests protected by each of the caveats affected shall cease to be an interest claimed against the land or any part thereof notwithstanding that the surrender may not have been finally registered by the Registrar of Deeds.
(5) After the acceptance of the surrender for provisional registration, the Registrar of Deeds shall expeditiously finalise the registration of the surrender and enter in the Index to Caveat maintained for the purposes of the Registration of Deeds Act (Cap. 269) that all registration entries of the caveats subsisting immediately prior to the date of the surrender are cancelled.
(6) When the President has accepted the surrender and the Registrar of Deeds has notified the Collector that the surrender has been finally registered pursuant to subsection (5), the fresh title may be issued by the President.
12.
—(1) Except for a mortgage created under section 9, the assurances referred to in subsection (2)(e) and (f) thereof or a discharge of a statutory charge in favour of the Central Provident Fund Board, no assurance or caveat in respect of the unregistered land surrendered to the President pursuant to section 9, 10 or 11 shall be capable of being registered under the provisions of the Registration of Deeds Act and the Registrar of Deeds shall have the power to refuse the registration of that assurance or caveat when presented for registration and, in the case where that assurance or caveat has been registered, the Registrar of Deeds shall have the power to cancel the registration of that assurance or caveat and any entries relating thereto.
(2) Except for a mortgage created pursuant to section 9 or a discharge of a statutory charge in favour of the Central Provident Fund Board or an extension or withdrawal of a caveat notified under this Act, no instrument in respect of the registered land surrendered to the President pursuant to section 9 or 10 shall be capable of being registered or notified under the provisions of this Act and the Registrar shall have the power to refuse the registration or notification of such instrument when presented for registration or notification and where such instrument has been registered or notified, the Registrar shall have the power to cancel the registration or notification of such instrument and any entries relating thereto.
13.
—(1) The fresh title to be issued by the President for any land surrendered pursuant to section 9 or 10 shall be endorsed with a statement that the State title is subject to the mortgage, statutory charge or caveat, if any, referred to in section 10.
(2) Upon the issue of the fresh title by the President for the land surrendered pursuant to section 9, 10 or 11, the Collector shall furnish to the Registrar such particulars of the land 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 new folios for the land and 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.
(3) Section 27(5) and (6) shall, mutatis mutandis, apply to the mortgage, statutory charge or caveat notified on the relevant folio pursuant to subsection (2).
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 titles as if that assurance had not been made.
15.
—(1) Section 8(2) to (4) shall apply to any land brought under the provisions of this Act pursuant to the issue of fresh title by the State after the surrender of an existing title.
(2) Section 8(5) 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 the commencement of this Act.
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 pursuant to 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, and upon the cancellation of the caution the Registrar shall make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions.
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 pursuant to section 9, 10 or 11, with subsisting mortgages, statutory charges and caveats registered or notified on the land-register, the priority of these mortgages, charges and caveats shall be determined as follows:
(a)
the priority for caveats lodged pursuant to section 115 and notified in the land-register shall be determined in accordance with section 119; and
(b)
the priority for mortgages and statutory charges (including those instruments registered under the Registration of Deeds Act (Cap. 269) and subsequently notified on the folio when created) shall be determined in accordance with section 48.
(2) Where any instrument (including a mortgage, charge or caveat) was materially amended pending its final registration or notification in the land-register, as the case may be, section 48(1) shall, mutatis mutandis, apply to the determination of its priority in accordance with this section.
(3) The respective priorities of mortgages, charges and caveats as determined in subsection (1) shall apply only to those mortgages, 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 title to the land or part thereof.
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.
19.
—(1) Land not subject to the provisions of this Act may be brought under its provisions.
(2) Subject to this section, a primary application may be made by —
(a)
a person entitled whether at law or in equity to an estate in fee simple or in perpetuity in the land to which the application relates; or
(b)
a person entitled either at law or in equity to a leasehold estate having an unexpired term of not less than 10 years on the date of the lodgment of the application in the land to which the application relates.
(3) The Registrar shall not entertain an application made by —
(a)
a mortgagor, unless the mortgagee has consented thereto; or
(b)
a trustee, unless he has the power to sell the land or unless the application is consented to by a majority in number of such of the beneficiaries as are sui juris at the date of the application.
(4) A primary application shall be made in the approved form and shall be accompanied by such evidence and documents of title as the Registrar may require.
(5) The Registrar may approve or reject an application to bring land under the provisions of this Act.
(6) The Registrar may, in his discretion, refer any primary application to any legally qualified person for investigation of and report upon the applicant’s title, and having regard to —
(a)
the report of the legally qualified person; and
(b)
the evidence of identity and location of the land,
the Registrar shall approve or reject the application.
(7) Where any primary application is approved by the Registrar, the Registrar shall bring the land under the provisions of this Act by creating one or more folios for the land and notify thereon, in such a manner as to preserve their priority, such particulars as he 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.
(8) Where, in an application under this section, the evidence of title does not justify the creation of an unqualified folio, the Registrar may create a qualified folio for the land to which section 25 shall apply.
(9) Unless expressly prohibited by the terms of its memorandum of association, charter or other constitution, any corporation, whether sole or aggregate, shall be deemed to have power to apply to the Registrar to bring land under the provisions of this Act, and the application may be made on behalf of the corporation by its managing director, manager, secretary or by an attorney appointed in that behalf by the corporation under its common seal.
(10) Where the Registrar creates a folio 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 registered mortgage under the provisions of this Act and the provisions of this Act applicable to registered mortgages shall apply to that mortgage and all the rights and powers vested in the mortgagee and the obligations of the mortgagor to that mortgage shall, notwithstanding this section, continue to be in force as between the mortgagee and the mortgagor.
(11) When a folio has been created pursuant to this section, then, except as provided in subsection (12), the Registration of Deeds Act (Cap. 269) shall cease to apply to the land therein comprised and the Registrar of Deeds shall cause an appropriate entry or endorsement to that effect to be made in the register kept under that Act.
(12) The Registration of Deeds Act shall continue to apply to any documents relating to any trust, probate and letters of administration and any settlement created under any instrument which were subsisting in the land comprised in a qualified folio immediately before the date of the creation of the folio provided that such document shall not in any manner purport to convey, mortgage or discharge any estate or interest in land comprised in such a folio and the Registrar of Deeds shall have the power to refuse to register any such document which is contrary to this subsection.
(13) A folio, qualified or unqualified as to title, created under this section may, if the circumstances so require, be qualified as to the boundaries and dimensions of the land therein comprised, and section 165 shall, mutatis mutandis, apply thereto.
20. When land has been brought under the provisions of this Act pursuant to a primary application, the Registrar shall —
(a)
upon the creation of a folio unqualified as to title, cancel all assurances lodged to support the primary application in so far as they relate to the registered land, and retain in his possession or under his control such assurances as have been wholly cancelled; and
(b)
upon the creation of a folio qualified as to title, cancel the last conveyance passing title to the person who is recorded in the folio as the registered proprietor of the land comprised in the folio.
Registrar may bring land under this Act when conveyance is registered under Registration of Deeds Act
21.
—(1) Upon the endorsement on any conveyance registered under the Registration of Deeds Act (Cap. 269) of the certificate required by section 7(2) of that Act, the Registrar of Deeds shall forward the conveyance to the Registrar who may deliver it to the person entitled thereto, or he may elect to bring the land comprised therein under the provisions of this Act by creating a qualified folio for the land.
(2) The Registrar shall not bring the land comprised in a conveyance referred to in subsection (1) under the provisions of this Act unless the conveyance purports to convey —
(a)
an estate in fee simple (whether at law or in equity);
(b)
an estate in perpetuity created by a statutory land grant; or
(c)
an estate held under a lease from the State having an unexpired term of not less than 10 years on the date the Registrar received the conveyance from the Registrar of Deeds.
(3) Subject to the provisions of this Division, the land comprised in a qualified folio shall be held and may be dealt with by the proprietor therein named in the same manner and subject to the same exceptions as similar tenure comprised in the folios which are not qualified as to title.
(4) Section 19(10), (11) and (12) shall, mutatis mutandis, apply to a qualified folio created under this section.
(5) The Registrar shall cancel any conveyance pertaining to any land which is brought under the provisions of this Act pursuant to this section.
(6) In this section, “conveyance” includes assignment and other assurance made by deed, deed of assent or settlement of an estate or interest in land or on any other dealing which disposes of wholly any freehold or leasehold estate referred to in subsection (2).
Registrar may bring land under this Act after examining instruments registered under Registration of Deeds Act
22.
—(1) Notwithstanding section 19, the Registrar may, after examining the instruments registered under the Registration of Deeds Act (Cap. 269) or copies thereof, elect to bring the land comprised therein under the provisions of this Act by creating a qualified folio for the entire parcel of land or, where there are several parcels of land or the land has been subdivided and each part thereof has been allotted with a separate survey lot number, by creating a separate folio for each survey lot.
(2) The Registrar shall not bring any land under the provisions of this Act unless —
(a)
the estate in the land is comprised in a State title for —
(i)
an estate in fee simple;
(ii)
an estate in perpetuity; or
(iii)
a leasehold estate having an unexpired term of not less than 10 years on the date of the commencement of the examination of the records referred to in subsection (1); or
(b)
the reversionary interest in the land is vested in the State and a lease has been issued by the owner of an estate in the land comprised in a State title, such leasehold title having an unexpired term of not less than 10 years on the date of the commencement of the examination of the records referred to in subsection (1).
(3) The Registrar may give notice of his intention to bring any parcel of land under the provisions of this Act by inserting a notice in one or more newspapers and such a notice may set out particulars of the name of the owner and his last recorded address as shown in the Registry of Deeds where the Registrar is unable to obtain all the necessary particulars from the owner himself.
(4) Sections 19(10), (11) and (12) and 21(5) shall, mutatis mutandis, apply to the land comprised in the qualified folio.
23.
—(1) Where the owner of any estate or interest in unregistered land has obtained permission under the Planning Act (Cap. 232) or any other written law to develop or subdivide his land before or after the commencement of this Act, he shall, for the purpose of dealing with the unregistered land or any part thereof, produce to the Registrar all the title deeds necessary for deducing a good title to the land.
(2) The Registrar, on receipt of the title deeds, may —
(a)
give a written direction to the owner of the land to surrender his title to the President for the reissue of a new title;
(b)
bring the land under the provisions of this Act by creating a folio, qualified or unqualified as to title, for the land; or
(c)
issue to the owner a certificate to the effect that this section shall not apply to the title held by him.
(3) Where the title to the land has been surrendered to the President pursuant to subsection (2)(a), the President shall, upon being satisfied with the title of the owner and on payment by the owner of all costs and expenses of or consequent to the surrender, proceed with the alienation of the appropriate estate of the land in accordance with the terms of the surrender.
(4) Sections 8 to 16 shall, mutatis mutandis, apply to any land alienated by the President pursuant to subsection (3).
(5) Upon the creation of a qualified folio for the land under subsection (2)(b), the Registrar shall cancel any conveyance relating to the land comprised in that folio.
(6) Section 19(10), (11) and (12) shall, mutatis mutandis, apply to the land comprised in the qualified folio issued under this section.
(7) On the production to the Registrar of Deeds of a certificate issued by the Registrar pursuant to subsection (2)(c), an assurance of the whole or any part of any land referred to in such a certificate may be registered under the provisions of the Registration of Deeds Act (Cap 269).
(8) Subject to subsection (1), where any unregistered land comprises any subdivided building or where the owner has notified the Registrar in writing that any building to be erected thereon is intended to be dealt with in parts after subdivision approval therefor has been granted under the Planning Act (Cap. 232), the Registrar shall —
(a)
proceed under subsection (2)(a); or
(b)
proceed under subsection (2)(b),
except that in any case where the Registrar is unable to proceed under paragraph (a) or (b), he may, in his discretion, proceed under subsection (2)(c).
(9) This section shall not apply to —
(a)
a leasehold title having an unexpired term of less than 10 years on the date the title deeds are produced to the Registrar pursuant to subsection (1); or
(b)
unregistered land where permission for the subdivision of any building erected thereon was granted by the authority for the time being charged with the responsibility of controlling or supervising the subdivision of land and an assurance of part of that subdivided building was registered under the provisions of the Registration of Deeds Act (Cap. 269) before 15th May 1968 except where the whole of the estate in the unregistered land comprising the subdivided building has wholly become vested or subsequently vests in the same proprietor at any time on or after 15th May 1968, this section shall apply to that unregistered land.
(10) Subject to subsections (2)(c) and (9) —
(a)
no assurance of any unregistered land or any part thereof to which subsection (1) applies shall be registered under the Registration of Deeds Act; and
(b)
upon receipt from the competent authority under the Planning Act of a notice in writing or of an approved plan relating to the grant of permission to develop or subdivide any unregistered land or building, the whole or part of which is dealt with under any assurance, the Registrar of Deeds may refuse to register that assurance when presented for registration.
24. A qualified folio created pursuant to this Division may, if the circumstances so require, be qualified as to the boundaries and dimensions of the land therein comprised, and section 165 shall, mutatis mutandis, apply thereto.
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) In favour of any purchaser of an entire estate or interest in any land comprised in a qualified folio who is registered as the proprietor in the qualified folio, a caution entered on the qualified folio whether before or after the commencement of this Act lapses, in respect of that estate or interest, on the expiration of 5 years from the date of the last conveyance which was cancelled by the Registrar upon the creation of the qualified folio.
(3) A mortgagee or chargee shall not be regarded as a purchaser for the purposes of subsection (2).
(4) When a caution lapses pursuant to subsection (2), the lapsed caution shall constitute a defunct entry and the Registrar shall, after the lodgment of an application in the approved form made by the proprietor of the land cause an entry to be made in respect of the lapsing of the caution.
(5) Upon the lapsing of a caution pursuant to 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.
(7) For the purposes of subsection (2), “conveyance” has the same meaning as in section 21(6).
26.
—(1) Where the Registrar has entered a caution on a qualified folio pursuant to section 25, the proprietor of the land comprised in that folio may apply to the Registrar in the approved form for the cancellation of the caution if he is able to deduce a title for a continuous period of not less than 12 years at the date of his application and is able to satisfy the Registrar that there are no outstanding interests which are not notified on that folio.
(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.
27.
—(1) The Registrar shall enter on a qualified folio a notification of any caveat or other subsisting encumbrance —
(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.
(2) Any person claiming an interest in land which was subsisting at the date of the creation of a qualified 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 pursuant to section 115, and the Registrar shall enter a notification of such a caveat in that folio.
(3) The proprietor in whose name a qualified 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 pursuant to subsection (1) other than an interest excepted by section 46 and any interest claimed under a caveat under the Registration of Deeds Act (Cap. 269) notwithstanding that the land at the time when the interest arose was unregistered land, and the Registrar shall enter a notification of that interest on that folio.
(4) The proprietor named in a qualified 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 pursuant to subsection (3),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(5) An interest notified on the folio pursuant to 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 pursuant to this section shall not, by reason of any provision of this Act, lose any priority which that interest would otherwise have had.