On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 31/07/2004.
PART XV
STATUTORY ACQUISITION AND SALE
142.
—(1) For the purposes of this section, “statutory obligation” means —
(a)
any charge on land; and
(b)
any order, award, determination, notification, resolution, by-law or proclamation affecting the title to or restricting or otherwise affecting the user of land or prescribing or authorising any act or thing to be done on land,
under the provisions of any written law or regulations made thereunder, and which is intended to bind successive owners of the land.
(2) A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the approved form.
(3) The Registrar shall give effect to the statutory obligation by entering a notification of the particulars thereof on the relevant folio or other instrument of title claimed to be affected by the statutory obligation, and on the instrument of title if produced for that purpose.
(4) The notification of an instrument of statutory obligation shall not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.
(5) Nothing in this section shall affect the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.
(6) A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $500 or 10% of the value of the land on which it is charged.
(7) Where any money due under a statutory obligation is in arrears, there may be added to the amount due the costs of notification of an instrument of statutory obligation.
(8) This section shall not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made under section 172.
143.
—(1) For the purposes of this section, “public authority” means the Government, the Collector, and any other person, corporation or body, authorised or empowered by any written law to acquire land compulsorily.
(2) Where registered land has been acquired by any public authority otherwise than by purchase or agreement, an instrument of acquisition in the approved form, executed by that authority or by some proper officer appointed by the authority in that behalf, may be lodged with the Registrar.
(3) The Registrar shall not be concerned to inquire into the regularity or validity of the acquisition, but upon registration thereof the estate or interest acquired shall vest in the public authority according to the tenor of the instrument of acquisition.
(4) On registration of an instrument of acquisition, the Registrar shall cancel the registration of all encumbrances including any mortgage, charge or lease thereby overreached and shall, if so requested, cancel the folio (and the certificate of title thereof if produced for that purpose) and shall create a new folio for the estate or interest not affected by the acquisition.
[10/2003]
(5) Whenever a public authority that has become the proprietor of registered land so requests, the Registrar shall endorse on the relevant folio a notification to the effect that the land has become vested in the Government as State land, and has ceased to be subject to the provisions of this Act.
144.
—(1) Where registered land is sold under —
(a)
Part II of the Land Revenue Collection Act (Cap. 155); or
the Collector or the Comptroller of Property Tax, as the case may be, may execute a transfer in the approved form, and neither the purchaser of the land nor the Registrar shall be concerned to inquire whether the provisions of the relevant Act relating to the sale or transfer have been complied with, nor otherwise to inquire into the regularity or validity of the sale or transfer.
(2) Upon registration of that transfer, the land shall vest in the transferee for the estate therein set forth, freed and discharged from all trusts, obligations, estates, interests, charges and rates that have not been entered in the memorandum of prior encumbrances in the transfer, but subject to any exceptions and reservations in the State grant.
(3) Where the existing certificate of title for the land is not presented with the transfer, the Registrar shall cancel the existing folio and shall create a new folio in favour of the transferee.
(4) Section 14(1), (2) and (4) of the Land Revenue Collection Act (Cap. 155) shall not apply to transfers in pursuance of this section.
145.
—(1) Subject to subsection (3), whenever by the operation of any Act, either directly or by reason of anything done in pursuance thereof, registered land becomes vested in some person other than the proprietor, either alone or jointly or in common with the proprietor, the Registrar shall, upon application by that person and upon such evidence as the Registrar considers sufficient, enter in the land-register a memorial of registration of the vesting.
[25/2001]
(2) This section shall not apply to any vesting for the registration of which express provision is made by this Act.
(3) Notwithstanding subsection (1), where a certificate of approval has been issued under section 14A of the Banking Act (Cap. 19) effecting a bank merger, the Registrar shall, upon application in an approved form by the bank issued with the certificate of approval and accompanied by such evidence as the Registrar considers sufficient, enter in the land-register a note of the vesting of the mortgages transferred to that bank under the provisions of the Second Schedule to the Banking Act.
[25/2001]