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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

 
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PART XIX
MISCELLANEOUS
Subdivision of registered land
165.
—(1)  Except as provided in this section, the Registrar shall not register any instrument affecting part of the land in a folio until he is satisfied that —
(a)
the authority for the time being charged with the duty of controlling or supervising the subdivision of the land has certified that the lawful requirements of that authority relating to subdivision have been complied with; and
(b)
the boundaries and dimensions of part of the land in a folio described in an instrument are in accordance with the final boundaries and dimensions shown in the plan lodged with and approved by the Chief Surveyor.
(2)  Where the Registrar has created a new folio pursuant to a registration of part of the land which is not conclusive as to boundaries and dimensions, he shall enter thereon a caution to that effect, and he shall cancel that caution when the boundaries and dimensions have been shown on the plan lodged with and approved by the Chief Surveyor.
(3)  No compensation shall be paid out of the assurance fund for any loss caused or occasioned by any inaccuracy of the boundaries and dimensions shown on a folio which bears a caution as is provided in subsection (2).
(4)  Nothing in this section shall prevent the entry of a caveat, nor the registration of —
(a)
an easement;
(b)
a mortgage or charge; or
(c)
any other instrument or class of instruments which may from time to time be prescribed.
[25/2001]
Trusts
166.
—(1)  A person named in an instrument as acquiring registered land in a fiduciary capacity may be described in that capacity and the instrument may disclose brief particulars of the trust relating to the consideration paid and for providing that the person named assumes liability only to the extent of an estate or interest of which he is a trustee.
(2)  The Registrar shall not enter particulars of the trust except that he may describe the person having fiduciary capacity as a trustee in a folio or the relevant instrument but the description of a person as trustee in the folio or the instrument shall not affect the operation of section 47.
(3)  Subject to the provisions of any caveat affecting the land, a registered proprietor who is a trustee shall hold the estate or interest of which he is a registered proprietor on trust for the persons and purposes to which it is applicable by virtue of the instrument creating the trust.
(4)  Any purchaser dealing with the registered land which is held in a fiduciary capacity shall not be concerned to enquire whether a dealing of that land is within the powers of the registered proprietor and the purchaser is entitled to assume that the registered proprietor has all the powers of disposition of a beneficial owner and as the absolute proprietor of the estate or interest in question.
Exoneration of Registrar
167.
—(1)  Where by any Act or instrument or by law any person is exonerated from inquiring as to any matter or fact relating to a title to, or to a power of dealing with, land, or is protected from the effect of notice of any such matter or fact, then, in registering any instrument relating to that land, the Registrar is not concerned to make any inquiry or search in relation to that land which that person need not have made, nor is the Registrar affected by any notice with which that person need not have been affected.
(2)  No action or claim shall be brought against the Authority, the Registrar or against the assurance fund in respect of a deprivation or loss arising out of any matter into which the Registrar is exonerated from inquiring.
Fees and accounts
168.  The Registrar shall be responsible for collecting such fees as are by this Act directed to be paid, and for accounting for them to the Authority, or as otherwise directed by such rules.
Offences and penalties
169.
—(1)  Any person who —
(a)
fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procuring of any certificate of title or other instrument, or of any entry in the land-register, or any alteration or erasure of, or addition to, any entry in the land-register, or in any instrument or form issued by the Registrar;
(b)
fraudulently uses, assists in fraudulently using, or is privy to the fraudulent using of any instrument or form purporting to be issued or authorised by the Registrar;
(c)
knowingly misleads or deceives any person authorised by this Act to demand explanation or information with respect to any land, or the title to any land, which is the subject of a primary application or with respect to which any instrument is proposed to be registered or notified; or
(d)
fraudulently removes from the Land Titles Registry any part of the land-register or any instrument issued by the Registrar, or causes any defacement, obliteration, mutilation, or unauthorised entry or alteration to be made thereto,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(2)  No proceeding or conviction for any act made punishable by subsection (1) shall affect any remedy which any person aggrieved or injured by that act may be entitled to against the person who committed the act or against his estate.
Composition of offences
170.
—(1)  The Registrar or any person authorised by him in writing may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000.
(2)  The Authority may, with the approval of the Minister, make rules to prescribe the offences which may be compounded.
(3)  On payment of such sum, no further proceedings shall be taken against that person in respect of the offence.
(4)  All sums collected under this section shall be paid into the funds of the Authority.
[169A
Fees to be paid to Authority
171.  All fees collected by the Registrar or the Land Titles Registry for any matter or thing done therein under this Act shall be paid into the funds of the Authority.
[170A
Rules
172.
—(1)  Subject to subsection (2), the Authority, with the approval of the Minister, may make rules not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act and, in particular, the Authority, with the approval of the Minister, may make rules —
(a)
prescribing standard covenants and conditions for mortgages limited to the rights and obligations over the mortgaged property; and
(b)
prescribing the fees to be taken in the Land Titles Registry for any matter or thing done therein under this or any other Act (including any fees that may be required to be borne by solicitors themselves relating to additional work done by the Registry in relation to instruments lodged and rejected and fresh instruments or amended instruments lodged after such date of rejection), and when and by whom such fees may be dispensed with or remitted.
(2)  The Authority may make rules regulating the practice of the Land Titles Registry in relation to matters arising under this Act.
(3)  All rules made under this Act shall be presented to Parliament as soon as possible after publication in the Gazette.
[170
Saving of rights
173.  For the avoidance of doubt, it is hereby declared that nothing in this Act shall affect the rights conferred on the Public Utilities Board by section 6 of and the Second Schedule to the Public Utilities Act (Cap. 261) and by section 4 of the Sewerage and Drainage Act (Cap. 294) and the Commissioner of Building Control by sections 27, 28, 29 and 32 of the Street Works Act (Cap. 320A).
[171
[26/95; 10/99; 25/2001]
Savings
174.
—(1)  A reference in this Act to land brought under the provisions of this Act shall include a reference to land which has been brought under the provisions of the repealed Land Titles Act (Cap. 157, 1985 Ed.* ) (referred to in this Part as the repealed Act).
*  The Land Titles Act (Cap. 157, 1985 Ed.) was repealed by the Land Titles Act 1993 (Act 27 of 1993) with effect from 1st March 1994.
(2)  Any register, instrument, index or other document maintained under the repealed Act shall be continued to be maintained under the corresponding provision of this Act.
(3)  In so far as any entry in a register or instrument was made or other thing whatsoever was done under any provision of the repealed Act, that entry or thing shall have effect as if made or done under the corresponding provision of this Act.
(4)  A reference to a caveat in this Act shall include a reference to a caveat lodged and notified in a folio or the Caveat Index under the provisions of the repealed Act.
(5)  Any caveat lodged under the repealed Act may, unless it has lapsed or been removed or cancelled in accordance with the provisions of the repealed Act before 1st March 1994, be extended in accordance with the provisions of this Act.
(6)  Any application, instrument or caveat lodged for registration under the provisions of the repealed Act before 1st March 1994 and whose registration was not completed before that date shall, where applicable, be deemed to be an application, instrument or caveat lodged for registration under a corresponding provision of this Act.
(7)  Where at any time before 1st March 1994 a person —
(a)
was in adverse possession of any registered land; and
(b)
has lodged an application for a possessory title to the land under the provisions of the repealed Act and the application has not been withdrawn but is on that date pending in the Land Titles Registry,
the application shall be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.
(8)  Where at any time before 1st March 1994 a person —
(a)
was in adverse possession of any registered land; and
(b)
was entitled to lodge an application for a possessory title to the land under the provisions of the repealed Act which were in force immediately before that date,
he may, within 6 months of that date make an application to court for an order to vest the title in him or lodge an application for a possessory title to the land and the application shall be dealt with in accordance with the provisions of the repealed Act in force immediately before that date.
(9)  Section 87 shall not prevent the registration of leases for a term not exceeding 7 years which were executed before 1st March 1994 and any such lease may be registered under the provisions of the repealed Act as if those provisions were never repealed.
(10)  A person who, immediately before 1st March 1994, held office as the Registrar of Titles, Deputy Registrar of Titles or Assistant Registrar of Titles shall continue to hold such office as if he had been appointed under section 5.
(11)  Any written law or other document referring to the repealed Act shall, as far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to this Act.
(12)  Except as expressly provided in this section, nothing in this section shall be taken as prejudicing the operation of section 16 of the Interpretation Act (Cap. 1) (which relates to the effect of repeals).
[172
Validation of extensions of caveats lodged under repealed Act
175.
—(1)  Where at any time before 1st March 1994 a caveat was notified on a folio or the Caveat Index under the provisions of Part XI of the repealed Act and an extension of caveat was notified on the folio or Caveat Index in respect of the same matter dealt with by the caveat notwithstanding that the repealed Act did not provide for caveats to be extended, the caveat shall not lapse until —
(a)
the expiration of a period of 5 years commencing from the date of the lodgment of the extension of caveat which was accepted and notified on the folio or Caveat Index; or
(b)
where more than one extension of caveat has been lodged and notified on the folio or Caveat Index before the expiry of each 5-year period from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index, the expiration of a period of 5 years from the date of the lodgment of the last extension of caveat which was accepted and notified on the folio or Caveat Index.
(2)  Subsection (1) shall not apply to a caveat where an order has been made by a court before 1st March 1994 in respect of the validity or priority of the caveat.
[173
Transitional provisions
176.  The amendment to section 47 made by section 15 of the Land Titles (Amendment) Act 2001 (Act 25 of 2001) shall not affect any person who dealt with a proprietor or who was entitled to be a proprietor under any contract or any other instrument evidencing the dealing in land that is dated before 20th August 2001.
[25/2001]