Singapore Government
Link to AGC Website
Home | Search | Browse | Results | My Preferences
 
Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT OF LAND TITLES REGISTRY

Part III INITIAL REGISTRATION OF TITLES

Division 1 — Bringing land under the Act on alienation

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

Division 3 — Qualified titles and caveats

Part IV REGISTRATION

Part V EFFECT OF REGISTRATION

Division 1 — Indefeasibility and priority

Division 2 — No title by adverse possession

Part VI INSTRUMENTS

Part VII TRANSFERS

Part VIII MORTGAGES AND CHARGES

Division I — Mortgages of registered land

Division 2 — Common law mortgages notified on on land-register

Part IX LEASES

Part X EASEMENTS

Part XI TRANSMISSIONS

Part XII CAVEATS

Part XIII WRITS AND ORDERS OF COURT

Part XIV RESTRICTIVE COVENANTS

Part XV STATUTORY ACQUISITION AND SALE

Part XVI POWERS OF ATTORNEY

Part XVII CIVIL RIGHTS AND REMEDIES

Part XVIII SEARCHES AND CERTIFIED COPIES

Part XIX MISCELLANEOUS

THE SCHEDULE Part I

Legislative History

Comparative Table

 
Slider
Left Corner
Print   Link to In-Force Version
On 28/08/2014, you requested the version as published on or before 28/08/2014.
Slider
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
(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 grant or State lease thereof;
(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;
(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 relating instrument by section 24 of the Residential Property Act (Cap. 274) in respect of any residential property (the expressions “transfer” and “residential property” to have the meanings assigned by that Act).
(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;
(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.
2  See Transitional Provision at section 176.
(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.
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)  Subject to section 11, interests notified on the folio may include mortgages, charges (including statutory charges) and leases registered in the Registry of Deeds.
(4)  Any interest registered or notified in the land-register may, by an instrument of postponement in the approved form, be postponed to any other interest so registered or notified.
(5)  Upon registration of an instrument of postponement, the interests of the parties concerned 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]