On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 28/03/2013.
PART VI
INSTRUMENTS
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]
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.
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 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 shares in the registered land shall be equally apportioned by the Registrar among the declarant and the remaining joint tenants.
[25/2001]
(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]
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]
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]
(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]
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.
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 of competent jurisdiction;
(e)
the proprietor under his lawfully altered name where such name is different from that registered in the land-register; or
(f)
any person empowered in that behalf, directly or indirectly, by this Act or any other written law.
(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.
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:
(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
(d)
for such other purpose as may be prescribed.
[10/2003]
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 aggregate if the seal of the corporation is affixed thereto in the presence of and attested by its secretary or other permanent officer, and by a member of the board of directors, council or other governing body of the corporation.
[10/2003]
(2) Where a seal purporting to be the seal of a corporation 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.
(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 regulating the affairs thereof shall, in addition to the modes authorised by this section, be effectual as if this section had not been enacted.
(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 aggregate if it is executed in such manner and form as may be approved by the Registrar.
[10/2003]
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]
(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, a responsible officer of the corporation shall sign the certificate.
[25/2001]
(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 an officer of any corporation, divesting or acquiring title, the Registrar may in order to satisfy himself as to the identity and capacity of the signatory require such person to appear before him.
(6) Any person who falsely certifies to the correctness of any application, dealing or caveat shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 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 application, dealing or caveat from recovering damages against the person who has certified the same.
(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, “solicitor” means a solicitor who has in force a practising certificate issued under the Legal Profession Act (Cap. 161).
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.
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;
(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; or
(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, the Registrar shall make an appropriate record of the change of address.
[25/2001]
(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 for service or place of residence or business, as the case may be;
(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]
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.
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.