138. In this Part —
“restriction” means a restriction on the user of registered land created expressly by a covenant other than a covenant contained in a mortgage, charge or lease;
“dominant land” means the land to which the benefit of a restriction is annexed;
“servient land” means the land subject to the burden of a restriction.
—(1) Any proprietor entitled to burden registered land with restrictions may do so by an instrument in the approved form and, subject to this section, the Registrar shall enter a notification of the restrictions on the folio comprising the servient land. Unless so notified a restriction shall not bind assigns of the land affected thereby.
(2) The Registrar shall not enter a notification of any such instrument unless —
obligations which it purports to create are negative or restrictive; and
the instrument clearly indicates the dominant and servient land.
(3) The Registrar may refuse to enter a notification of an instrument purporting to create a restriction if the obligations contained in the instrument are in part positive or affirmative.
(4) An instrument containing a restraint on the right of a proprietor to alienate or otherwise to dispose of land shall not be notified on the land-register pursuant to this section.
(5) The notification of an instrument containing a restriction which would not have been binding on assigns of the servient land shall not give the instrument any greater operation or effect than it would have had without that notification.
(6) The Registrar shall not enter on the folio a notification of any restriction contained in an instrument executed before the servient land was brought under the provisions of this Act unless the restriction appears to be enforceable wholly or in part against assigns of that land.
(7) The Registrar may, upon the application of the proprietor of the servient land, or of his own motion, cancel the notification of an instrument creating a restriction which has become unenforceable against assigns of that land, or which for any reason should not have been notified.
—(1) The burden of a restriction may be released wholly or in part, and the obligation created by a restriction may be varied, by an instrument in the approved form executed by the proprietor for the time being of the dominant land and by any person having a registered interest in that land; and, upon application by the proprietor of the servient land, the Registrar shall enter a notification of that instrument on the relevant folio.
(2) Where the dominant land is not under the provisions of this Act, the Registrar shall not be concerned to investigate the title to that land.
(3) The entry of a notification of an instrument of release or variation shall not give the instrument any greater operation or effect than it would have had without such entry.
(4) Without prejudice to subsection (1), upon the application of any person interested in land affected by a restriction, the court shall have power, by order, wholly or partially, to extinguish or vary the restriction, upon being satisfied —
that by reason of a change of user of the land affected, as approved by the competent authority or the Minister, as the case may be, under the Planning Act (Cap. 232) or any rules made thereunder, the continued existence of the restriction will impede the development of the land for public or private purposes; or
that the proposed extinguishment or variation will not materially injure the person entitled to the benefit of the restriction.
(5) An order extinguishing or varying a restriction under subsection (4) may direct the applicant to pay to any person entitled to the benefit of the restriction such sum by way of compensation as the court may think just to award under one, but not both, of the following heads:
a sum to make up for any loss or disadvantage suffered by that person in consequence of the extinguishment or variation; or
a sum to make up for any effect which the restriction had at the time when it was imposed in reducing the consideration then received for the land affected by it.
(6) On an application to the court under subsection (4), the court shall give any necessary directions as to the persons who are or who are not to be admitted (as appearing to be entitled to the benefit of the restriction) to oppose the application.
(7) Any order made under subsection (4) is binding on all persons whether ascertained or of full age and capacity or not, then entitled, or thereafter capable of becoming entitled, to the benefit of any restriction which is extinguished, varied or dealt with, and whether those persons are parties to the proceedings or have been served with notice or not.
(8) An order may be made under subsection (4) notwithstanding that any instrument which is alleged to impose the restriction intended to be extinguished, varied or dealt with may not have been produced to the court and the court may act on such evidence as it may think sufficient.
(9) For the purposes of subsection (4), the court may dispense with personal service and may order service to be effected by an advertisement in any one or more daily newspapers or in such other manner as the court thinks fit.
(10) The Registrar shall enter on the relevant folio a notification of any order of court extinguishing wholly or in part a restriction already notified thereon, or varying the provisions of such a restriction, if the order or an office copy thereof is produced to him for that purpose and upon entry of the notification, the restriction is extinguished or varied pro tanto.
—(1) Unless extended in the manner provided by this section, a restriction shall cease to be enforceable against assigns of the servient land at the expiration of 20 years from the date of entry of a notification thereof on the land-register, and the Registrar shall cancel that notification.
(2) A restriction which has not become unenforceable may from time to time be extended by an instrument in the approved form executed by any person having an interest in the dominant land and entitled to the benefit of the restriction, and the Registrar shall notify any such extension on each folio on which the restriction is notified.
(3) Each instrument of extension may prolong the duration of a restriction for a period of 10 years from the date on which the instrument of extension has been notified in the land-register.
(4) Where for any reason (other than the expiration of the period referred to in subsection (1) and of any extension of that period) a restriction would have become unenforceable, an instrument of extension shall not prolong the duration of the restriction beyond the time for which it would otherwise have enured.
(5) Where the dominant land is not under the provisions of this Act, the Registrar, for the purpose of entering a notification of any instrument of extension executed by a person claiming to have an interest in that land, shall not be concerned to investigate the title to that land; but such a notification shall not prolong the duration of the restriction unless the person executing the instrument of extension was, at the relevant time, entitled to the interest which he claimed to have.
(6) Any restriction extended pursuant to this section shall enure for the benefit of every person who, during the period of the extension, is entitled to an interest in the dominant land.