On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 31/07/2004.
8.
—(1) Where at any time, whether before or after 1st March 1994, the State alienates or has alienated —
(a)
an estate in fee simple;
(b)
an estate in perpetuity; or
(c)
a leasehold estate,
in any land, the Collector shall furnish to the Registrar such particulars of the alienation in such manner as may be required by the Registrar to enable the Registrar to bring the land under the provisions of this Act by creating one or more folios for that land.
[25/2001]
(2) Any land brought under the provisions of this Act under subsection (1) shall be held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the relevant State title.
(3) Pending the issue of a State title, the land brought under the provisions of this Act under this section shall be held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the State title executed in escrow by the grantee or lessee of the land.
(4) Where any land has been brought under the provisions of this Act pursuant to any certificate issued by the Collector before 1st March 1994, the Collector shall upon the issue of the relevant State title deliver the full particulars of the State title to the Registrar who shall create a new edition of the relevant folio or make necessary alterations to the land-register to show the particulars of the State title and the boundaries and dimensions of the land and indicate whether the boundaries and dimensions are conclusive.
9.
—(1) Where the President accepts the surrender of the title to land of different tenure for the reissue of one or more fresh titles of one type of tenure freed and discharged from any subsisting mortgage, the person entitled to be issued with the fresh title or titles in respect of the whole or part of the land surrendered may, with the consent of the Collector and the Registrar —
(a)
in the case where the surrender is in respect of unregistered land, create a mortgage in respect of his right, title and interest in the unregistered land prior to the issue of the fresh title by the President with the intent that the mortgage shall to that extent be in substitution for a mortgage which was subsisting prior to the surrender of the unregistered land; or
(b)
in the case where the surrender is in respect of registered land, create a mortgage in respect of his right, title and interest in the registered land prior to the issue of a fresh title by the President with the intent that the mortgage shall to that extent be in substitution for a mortgage which was subsisting prior to the surrender of the registered land.
(2) The following provisions shall apply to any mortgage created in respect of unregistered land under subsection (1)(a):
(a)
notwithstanding any other provision of this Act, the mortgage created under subsection (1)(a) may be registered under the provisions of the Registration of Deeds Act (Cap. 269);
(b)
where the mortgage has been registered, provisionally or otherwise, under the Registration of Deeds Act —
(i)
the person claiming as mortgagee under the mortgage may lodge an application with the Registrar for that mortgage to be notified on the relevant folio when created; and
(ii)
the Registrar shall, if satisfied that the application is in order, pending the creation of the folio, record the application in a provisional register-book,
and thereupon the mortgage shall constitute a registered mortgage to the extent that the mortgagee of the mortgage may exercise the same powers as if he were a registered mortgagee;
(c)
where the Registrar has recorded the application for the notification of the mortgage on the provisional register-book under paragraph (b), the Registrar shall notify the mortgage on the relevant folio when created;
(d)
nothing in this section shall require the Registrar to notify any mortgage created under subsection (1)(a) on the folio when created unless an application to notify the mortgage on the land-register has been lodged with and accepted by the Registrar as being in order for notification;
(e)
except in the case of fraud, a purchaser dealing with the whole or part of the land at any time after the land has been brought under this Act shall not be deemed to have notice of any mortgage which has not been notified by the Registrar on the folio when created;
(f)
an assurance dealing with a mortgage referred to in subsection (1)(a) may be made with the consent of the Collector and the Registrar and may be registered under the provisions of the Registration of Deeds Act (Cap. 269); and
(g)
any assurance made in favour of a purchaser by the mortgagee exercising his power of sale under a mortgage created under subsection (1)(a) may, with the consent of the Collector, be registered under the provisions of the Registration of Deeds Act, and upon the acceptance by the Registrar of Deeds of the assurance for registration —
(i)
the purchaser from the mortgagee shall be deemed to be a successor in title of the right, title and interest in the land surrendered to the extent of the whole or part of the land conveyed to the purchaser by the mortgagee under the assurance and shall be bound by all the terms and obligations relating to the surrender of the whole or part of the land sold as if these terms and obligations have been made between the purchaser and the Collector; and
(ii)
the fresh title shall be issued to the purchaser named in the assurance registered under the Registration of Deeds Act (Cap. 269) if the Collector acting on behalf of the President is satisfied with the right, title and interest conveyed to the purchaser by the mortgagee under the assurance.
(3) The following provisions shall apply to any mortgage created in respect of registered land under subsection (1)(b):
(a)
pending the issue of the fresh title, the mortgagee of a substituted mortgage referred to in subsection (1)(b) may lodge with the Registrar an application to notify the substituted mortgage on the existing folio and when the application is found to be in order, the Registrar shall notify the substituted mortgage on the existing folio notwithstanding the completion of the surrender to the State; and
(b)
the substituted mortgage shall for the purposes of this section be deemed to be a mortgage registered under this Act and the provisions of Part VIII shall apply thereto.
(4) Upon the creation of one or more folios for the land, the Registrar shall notify the substituted mortgage on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land.
10. Without prejudice to section 9, where the President agrees to accept the surrender of title to land for the reissue of one or more fresh titles, the President may do all or any of the following:
(a)
where the surrender is of the title to land of one type of tenure for the reissue of one or more fresh titles with similar tenure, accept the surrender of the title to the land subject to any subsisting mortgage with the consent of the mortgagee and the Registrar; and
(b)
accept the surrender of the title to the land subject to any subsisting statutory charge in favour of the Central Provident Fund Board or caveat notified under this Act with the consent of the Registrar.
11.
—(1) Where the title to any unregistered land with any subsisting caveat registered under the Registration of Deeds Act (Cap. 269) is to be surrendered to the President for the reissue of one or more fresh titles, the owner of the land shall —
(a)
serve by registered post a notice on each caveator —
(i)
informing him of the intention to surrender the land and that the surrender may be accepted 3 weeks after service of the notice on him; and
(ii)
advising him, if he has not already done so, to lodge with the Registrar a caveat in accordance with section 115 in respect of his interest in the land; and
(b)
after serving every such notice, immediately file a statutory declaration with the Registrar containing evidence of such service.
(2) Upon the expiration of 3 weeks after the notice under subsection (1) is served in accordance with that subsection or, where more than one notice is served, after the last notice is so served, the Registrar, on being satisfied that the notice has been duly served, shall endorse his consent on the surrender.
(3) Upon the endorsement of the consent of the Registrar on the surrender, the surrender may be accepted by the President and when the surrender is accepted for provisional registration after it is lodged in the Registry of Deeds, the land comprised in the surrender shall be freed and discharged of any subsisting caveat registered against the land as at the date of the surrender.
(4) Upon the provisional registration of the surrender by the Registrar of Deeds, the respective interests protected by each of the caveats affected shall cease to be an interest claimed against the land or any part thereof notwithstanding that the surrender may not have been finally registered by the Registrar of Deeds.
(5) After the acceptance of the surrender for provisional registration, the Registrar of Deeds shall expeditiously finalise the registration of the surrender and enter in the Index to Caveat maintained for the purposes of the Registration of Deeds Act that all registration entries of the caveats subsisting immediately prior to the date of the surrender are cancelled.
(6) When the President has accepted the surrender and the Registrar of Deeds has notified the Collector that the surrender has been finally registered under subsection (5), the fresh title may be issued by the President.
12.
—(1) Except for a mortgage created under section 9, the assurances referred to in section 9(2)(f) and (g) or a discharge of a statutory charge in favour of the Central Provident Fund Board —
(a)
no assurance or caveat in respect of the unregistered land surrendered to the President under section 9, 10 or 11 shall be capable of being registered under the provisions of the Registration of Deeds Act (Cap. 269); and
(b)
the Registrar of Deeds shall have the power to refuse the registration of that assurance or caveat when presented for registration and, in the case where that assurance or caveat has been registered, the Registrar of Deeds shall have the power to cancel the registration of that assurance or caveat and any entries relating thereto.
(2) Except for a mortgage created under section 9, a discharge of a statutory charge in favour of the Central Provident Fund Board or an extension or a withdrawal of a caveat notified under this Act —
(a)
(b)
the Registrar shall have the power to refuse the registration or notification of such instrument when presented for registration or notification and where such instrument has been registered or notified, the Registrar shall have the power to cancel the registration or notification of such instrument and any entries relating thereto.
13.
—(1) The fresh title to be issued by the President for any land surrendered under section 9 or 10 shall be endorsed with a statement that the State title is subject to the mortgage, statutory charge or caveat, if any, referred to in section 10.
(2) Upon the issue of the fresh title by the President for the land surrendered under section 9, 10 or 11, the Collector shall furnish to the Registrar such particulars of the land in such manner as may be required by the Registrar to enable the Registrar —
(a)
to bring the land under the provisions of this Act by creating one or more new folios for the land; and
(b)
to notify the subsisting mortgage, statutory charge or caveat on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land.
(3) Section 27(5) and (6) shall apply, with the necessary modifications, to the mortgage, statutory charge or caveat notified on the relevant folio under subsection (2).
14. Where an assurance which requires the prior written consent of either the Collector or the Registrar or both of them, as the case may be, has been made without the endorsement of his or their written consent thereon —
(a)
the Registrar of Deeds shall not accept that assurance for registration or, in the case where that assurance has been registered under the provisions of the Registration of Deeds Act (Cap. 269), shall cancel the registration of that assurance and any entries relating thereto; and
(b)
the Collector shall disregard that assurance and may issue one or more fresh titles as if that assurance had not been made.
15.
—(1) Section 8(2) and (3) shall apply to any land brought under the provisions of this Act pursuant to the issue of fresh title by the State after the surrender of an existing title.
[25/2001]
(2) Section 8(4) shall apply to any land brought under the provisions of this Act pursuant to the surrender of an existing title and the issue of a certificate by the Collector before 1st March 1994.
16.
—(1) Where any land alienated by the President is brought under the provisions of this Act and a folio has been created for the land, the Registrar shall —
(a)
where the boundaries and dimensions as shown in the plan filed with and approved by the Chief Surveyor are inconclusive, make an entry in the folio to show —
(i)
that the boundaries and dimensions are inconclusive; and
(ii)
the reference number of the plan; or
(b)
where in the plan filed with and approved by the Chief Surveyor the boundaries and dimensions have been approved as conclusive, make an entry in the folio of the reference number of the plan.
(2) Where the Registrar has entered a caution on the folio created for the land as to the inconclusiveness of its boundaries and dimensions under subsection (1), he shall cancel that caution when the boundaries and dimensions shown in the plan filed with the Chief Surveyor have been approved as conclusive by the Chief Surveyor.
(3) Upon the cancellation of the caution referred to in subsection (2), the Registrar shall make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions.
Priority of interests protected by caveats, mortgages and statutory charges registered or notified on land-register
17.
—(1) Where any land has been surrendered to the President under section 9, 10 or 11, with subsisting mortgages, statutory charges and caveats registered or notified on the land-register, the priority of these mortgages, statutory charges and caveats shall be determined as follows:
(a)
the priority for caveats lodged under section 115 and notified in the land-register shall be determined in accordance with section 119; and
(b)
the priority for mortgages and statutory charges (including those instruments registered under the Registration of Deeds Act (Cap. 269) and subsequently notified on the folio when created) shall be determined in accordance with section 48.
(2) Where any instrument (including a mortgage, statutory charge or caveat) was materially amended pending its final registration or notification in the land-register, as the case may be, section 48(2) shall apply, with the necessary modifications, to the determination of its priority in accordance with this section.
(3) The respective priorities of mortgages, statutory charges and caveats as determined in subsection (1) shall apply only to those mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh title to the land or part thereof.
18. The Collector may refuse to accept the surrender of any title to land for the reissue of title where he is satisfied that the proprietor or owner of the land intended for surrender has not complied with any existing law or the lawful requirements of any Government authority.