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Contents

Long Title

Part I PRELIMINARY

Part II SALES AND OTHER TRANSACTIONS

Contracts for sale

General words

Covenants for title

Execution of purchase deed

Part III LEASES

Forfeiture

Part IV MORTGAGES

Leases

Sale, insurance, receiver

Action respecting mortgage

Part V STATUTORY MORTGAGE

Part VI DEVOLUTION OF LAND ON DEATH

Part VII MARRIED WOMEN, ALIENS, CORPORATIONS

Part VIII MINORS

Part IX RENTCHARGES

Part X POWERS OF ATTORNEY

Part XI CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS

Part XII POWERS

Part XIIA (Repealed)

Part XIII NOTICE

Part XIV ADOPTION OF ACT

Part XV MISCELLANEOUS

Part XVI PROCEDURE

THE SCHEDULE Forms Relating to Statutory Mortgages

Legislative History

 
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On 25/05/2013, you requested for the version in force on 25/05/2013 incorporating all amendments published on or before 25/05/2013. The closest version currently available is that of 01/08/2011.
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PART XI
CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS
Use of word “grant” unnecessary
49.
—(1)  The use of the word “grant” is not necessary in order to convey tenements or hereditaments corporeal or incorporeal.
(2)  This section shall apply to conveyances made before, on or after 1st August 1886.
Conveyance by a person to himself, etc.
50.
—(1)  All property may be conveyed by a person to himself jointly with another person, by the like means by which it might be conveyed to him by another person, and may, in like manner, be conveyed by a husband to his wife, and by a wife to her husband, alone or jointly with another person.
(2)  This section shall apply only to conveyances made on or after 1st August 1886.
Estates tail abolished
51.
—(1)  All words and expressions which on or before 1st August 1886 would have created or been deemed to create an estate tail shall create and be deemed to create an estate in fee simple.
(2)  This section shall apply only to instruments coming into operation on or after 1st August 1886.
[27 Hen.VIII.c.10.]
Estates may be conveyed by deed though not operating under Statute of Uses
52.
—(1)  Any estate or interest in land, whether in possession, remainder or reversion, may be conveyed by a simple deed, whether the deed operates under the Statute of Uses* or not.
*  The Statute of Uses was repealed as to Singapore by Ordinance 6 of 1886.
(2)  This section shall apply to deeds executed before, on or after 1st August 1886.
Conveyance to be by deed in English language
53.
—(1)  A conveyance of any estate or interest in land other than a lease for a period not exceeding 7 years at a rack rent shall be void at law unless it is by deed in the English language.
(2)  This section shall only apply to conveyances executed on or after 1st March 1994.
No conveyance to operate tortiously
54.
—(1)  No conveyance of any kind shall operate to destroy, impair or affect any estate or interest which the conveying party has no right to destroy, impair or affect or beyond the extent to which he may impair or affect it.
(2)  This section shall apply to conveyances made before, on or after 1st August 1886.
Words of limitation unnecessary
55.
—(1)  It shall not be necessary in any deed relating to land to add words of limitation to heirs when the intention is to give the absolute interest to a person and his heirs general, but a gift, grant or other conveyance of land to or in favour of any person shall be taken to give him the entire and absolute interest in the nature of an estate in fee simple unless such a construction is rendered inadmissible by the other contents of the deed.
(2)  This section shall apply to deeds executed before, on or after 1st August 1886.
Construction of supplemental or annexed deed
56.
—(1)  A deed expressed to be supplemental to a previous deed or directed to be read as an annex thereto shall, as far as may be, be read and have effect as if the deed so expressed or directed were made by way of endorsement on the previous deed or contained a full recital thereof.
(2)  This section shall apply to deeds executed before, on or after 1st August 1886.
Covenant to extend to executors, etc.
57.
—(1)  A covenant relating to freehold land shall be deemed to be made with the covenantee, his heirs and assigns, and shall have effect as if heirs and assigns were expressed.
(2)  A covenant relating to leasehold land shall be deemed to be made with the covenantee, his executors, administrators and assigns, and shall have effect as if executors, administrators and assigns were expressed.
(3)  This section shall apply only to covenants made on or after 1st August 1886.
Effect of covenant with two or more persons jointly
58.
—(1)  A covenant, and a contract under seal, and a bond or obligation under seal, made with two or more persons jointly, to pay money or make a conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of this Act, imply, an obligation to do the act to, or for the benefit of, the survivor or survivors of them, and to, or for the benefit of, any other person to whom the right to sue on a covenant, contract, bond or obligation devolves.
(2)  This section shall extend to a covenant implied by virtue of this Act.
(3)  This section shall apply only if and as far as a contrary intention is not expressed in the covenant, contract, bond or obligation, and has effect subject to the covenant, contract, bond or obligation, and to the provisions therein contained.
(4)  This section shall apply only to a covenant, contract, bond or obligation made or implied on or after 1st August 1886.
Effect of advance on joint account
59.
—(1)  Where —
(a)
in a mortgage, or an obligation for payment of money, or a transfer of a mortgage or of such an obligation, the sum, or any part of the sum, advanced or owing is expressed to be advanced by or owing to more persons than one out of money, or as money, belonging to them on a joint account; or
(b)
a mortgage, or such an obligation, or such a transfer is made to more persons than one, jointly, and not in shares,
the mortgage money, or other money or money’s worth, for the time being due to those persons on the mortgage or obligation, shall, as between them and the mortgagor or obligor, be deemed to be and remain money or money’s worth belonging to those persons on a joint account; and the receipt in writing of the survivors or last survivor of them, or of the personal representatives of the last survivor, shall be a complete discharge for all money or money’s worth for the time being due, notwithstanding any notice to the payer of a severance of the joint account.
(2)  This section shall apply only if and so far as a contrary intention is not expressed in the mortgage, or obligation, or transfer, and has effect subject to the terms of the mortgage, or obligation, or transfer, and to the provisions therein contained.
(3)  This section shall apply only to a mortgage or obligation or transfer made on or after 1st August 1886.
Grants of easements, etc., by way of use
60.
—(1)  A conveyance of freehold land to the use that any person may have, for an estate or interest, not exceeding in duration the estate conveyed in the land, any easement, right, liberty or privilege in, or over, or with respect to that land, or any part thereof, shall operate to vest in possession in that person that easement, right, liberty or privilege, for the estate or interest expressed to be limited to him; and he, and the person deriving title under him, shall have, use and enjoy the same accordingly.
(2)  This section shall apply only to conveyances made on or after 1st August 1886.
Provision for all the estate
61.
—(1)  Every conveyance shall, by virtue of this Act, be effectual to pass all the estate, right, title, interest, claim and demand which the conveying parties respectively have in, to, or on the property conveyed, or expressed or intended so to be, or which they respectively have power to convey in, to, or on the same.
(2)  This section shall apply only if and as far as a contrary intention is not expressed in the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained.
(3)  This section shall apply only to conveyances made on or after 1st August 1886.
Restriction on executory limitations
62.
—(1)  Where there is a person entitled to land for an estate in fee or for a term of years, absolute or determinable on life or for a term of life, with an executory limitation over on default or failure of all or any of his issue, whether within or at any specified period or time or not, that executory limitation shall be or become void and incapable of taking effect if and as soon as there is living any issue who has attained the age of 21 years of the class on default or failure whereof the limitation over was to take effect.
(2)  This section shall apply only where the executory limitation is contained in an instrument coming into operation on or after 1st August 1886.
Construction of implied covenants
63.  In the construction of a covenant or proviso, or other provision, implied in a deed by virtue of this Act, words importing the singular or plural number, or the masculine gender, shall be read as also importing the plural or singular number, or as extending to the feminine gender, as the case may require.
Receipt in deed or endorsed thereon authority for payment, etc.
64.
—(1)  Where, before the appointed day, a solicitor produces a deed, having in the body thereof or endorsed thereon a receipt for consideration, the deed being executed, or the endorsed receipt being signed, by the person who is entitled to give a receipt for that consideration, the deed shall be sufficient authority to the person who is liable to pay or give the consideration for his paying or giving the consideration to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the deed.
(2)  Where, on or after the appointed day, a solicitor produces a deed, having in the body thereof or endorsed thereon a receipt for consideration, the deed being executed, or the endorsed receipt being signed, by the person who is entitled to give a receipt for that consideration, the deed shall be sufficient authority to the person who is liable to pay or give the consideration —
(a)
if the consideration is in the form of money, for his tendering to the solicitor any cashiers’ orders, cheques or other similar physical payment instruments pertaining to the payment of the consideration; or
(b)
if the consideration is in any other form, for his giving the consideration to the solicitor,
without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the deed.
(3)  In this section, “appointed day” means the date of commencement of section 2(a) of the Conveyancing (Miscellaneous Amendments) Act 2011.
Receipt in deed sufficient
65.  A receipt for consideration money or securities in the body of a deed shall be a sufficient discharge for the same to the person paying or delivering the same, without any further receipt for the same being endorsed on the deed.
Consideration expressed in instrument authority for payment, etc.
65A.
—(1)  Where, before the appointed day, a solicitor produces an instrument as defined in the Land Titles Act (Cap. 157) in which consideration is expressed and which has been executed by the person in whose favour the consideration is payable or has been paid or is partly payable and partly paid, that instrument shall be sufficient authority to the person who is liable to pay or give the consideration for his paying or giving the consideration to the solicitor, without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the instrument.
(2)  Where, on or after the appointed day, a solicitor produces an instrument as defined in the Land Titles Act in which consideration is expressed and which has been executed by the person in whose favour the consideration is payable or has been paid or is partly payable and partly paid, that instrument shall be sufficient authority to the person who is liable to pay or give the consideration —
(a)
if the consideration is in the form of money, for his tendering to the solicitor any cashiers’ orders, cheques or other similar physical payment instruments pertaining to the payment of the consideration; or
(b)
if the consideration is in any other form, for his giving the consideration to the solicitor,
without the solicitor producing any separate or other direction or authority in that behalf from the person who executed or signed the instrument.
(3)  In this section, “appointed day” means the date of commencement of section 2(b) of the Conveyancing (Miscellaneous Amendments) Act 2011.
Receipt in deed or endorsed evidence for subsequent purchaser
66.
—(1)  A receipt for consideration money or other consideration in the body of a deed or endorsed thereon shall, in favour of a subsequent purchaser not having notice that the money or other consideration thereby acknowledged to be received was not in fact paid or given, wholly or in part, be sufficient evidence of the payment or giving of the whole amount thereof.
(2)  This section shall apply to deeds executed before, on or after 1st August 1886.
Severance of tenancy in common and joint tenancy
66A.
—(1)  Tenants in common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by a deed of declaration that they hold the estate or interest in their respective shares in the land as joint tenants of the entire estate or interest thereof.
(2)  Upon the making of the deed of declaration referred to in subsection (1) —
(a)
where all the tenants in common of the entire estate or interest in the land are the declarants — the estate or interest which they held in their respective shares as tenants in common immediately before the making of such deed shall vest in them as joint tenants; or
(b)
where not all the tenants in common of the entire estate or interest in the land are the declarants —
(i)
the estate or interest which the declarants held in their respective shares as tenants in common immediately before the making of such deed 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.
(3)  Without prejudice to any rule or principle of law relating to severance of a joint tenancy, a joint tenant may sever a joint tenancy of an estate or interest in land by a deed of declaration and by serving a copy of the deed of declaration personally or by registered post on the other joint tenants.
(4)  Upon the making of the deed of declaration and the service of the deed of declaration pursuant to subsection (3), the respective estates and interests in the 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.
(5)  Where a joint tenant holds an estate or interest in 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.