Land Titles Act 1993

Sections (182)

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• § 1 — Short title

  1. This Act is the Land Titles Act 1993.

• § 100 — Extinguishment by union of tenements

  100.—(1) Except as provided in sections 98 and 99, where upon the registration of a transfer or other instrument, the same person becomes the proprietor for the same estate and in the same interest of both dominant and servient tenements, it is the duty of that proprietor to indicate the fact of suc

• § 101 — Easements to pass on transfer without express mention

  101.—(1) Upon registration of a transfer or lease of land to which an easement is appurtenant, the easement passes to the transferee or lessee without any express mention in the transfer or lease.(2) Where a transfer of part of a dominant tenement contains an express agreement that the easement does

• § 102 — Contribution to repairs

  102.—(1) Where an instrument creating an easement contains a covenant binding either party to contribute to the cost of construction, maintenance or repair of any way, wall, drain or any other matter (the subject of the easement), then, unless a contrary intention is expressed in the instrument, so

• § 103 — Grant of right of way

  103.—(1) In an instrument purporting to create a right of way over registered land, the expressions “right of carriage way” and “right of footway” have the same effect as if there had been inserted in lieu thereof the words respectively contained in Parts 1 and 2 of the Schedule.(2) The expressions

• § 104 — Party walls

  104.—(1) In this section, “conveyance” has the meaning given by section 2 of the Conveyancing and Law of Property Act 1886, and includes instruments of transfer taking effect under this Act.(2) Where in a conveyance of land made by a person entitled to convey or to create easements in respect of a w

• § 105 — Variation or release of easements

  105.—(1) An easement over registered land may be varied or released by an instrument in the approved form.[8/2014] (2) Where an easement over unregistered land is made appurtenant to registered land, the easement may be varied or released in any manner in accordance with law.[8/2014] —(1) An easeme

• § 105A — Power of court to vary or extinguish easements

  105A.—(1) The court may, on application by any person with an interest in a servient tenement, make an order to vary or extinguish wholly or in part the easement (including any implied easement) over the servient tenement.[8/2014] (2) An order under subsection (1) may be made upon the court being sa

• § 106 — Cancellation of easements

  106.—(1) The Registrar must cancel the registration or notification of an easement upon proof to his or her satisfaction that —(a) any period of time for which the easement was intended to subsist has expired; (b) any event upon which the easement was intended to determine has occurred; or (c) the

• § 107 — Transmission on death of proprietors in severalty

  107.—(1) Personal representatives or any other person claiming land of a deceased proprietor may apply in the approved form to become registered as proprietors by transmission of the land, and upon proof of their representation or claim, the Registrar must enter on the folio a memorial of registrati

• § 108 — Dealings without transmission

  108. Upon production of the grant of probate of the will or letters of administration of the estate of a deceased proprietor, the Registrar may, without requiring a transmission application, register —(a) any transfer by the personal representative expressed to be made —(i) pursuant to a devise in t

• § 109 — Full number of personal representatives required

  109.—(1) Despite the existence of any law empowering less than the full number of personal representatives to deal with the estate of a deceased person, the Registrar must not register any dealing under section 108 nor any transmission application made by less than the full number of personal repres

• § 110 — Transmission on bankruptcy

  110.—(1) Subject to subsection (1A), the Official Assignee claiming land under a bankruptcy order against a proprietor or under an order for administration in bankruptcy of the estate of a deceased proprietor may apply in the approved form to become registered as proprietor by transmission of the la

• § 111 — Caveats by Official Assignee

  111. Where the Official Assignee is entitled to take possession of land of a proprietor under a bankruptcy order, or under an appointment of an interim receiver, the Official Assignee may lodge a caveat under section 115.[8/2014]

• § 112 — Bankruptcy: Effect of disclaimer, discharge and annulment

  112. Despite the provisions of any written law relating to bankruptcy for the time being in force, no disclaimer, nor order for the discharge of a bankrupt, nor order for the annulment of a bankruptcy order, operates to divest the Official Assignee of registered land of which the Official Assignee i

• § 113 — Effect of transmission

  113. On registration of any transmission application in accordance with this Part —(a) the estate and interest of the former proprietor, as set forth in the land‑register, together with all easements, rights and powers, thereto belonging or appertaining, pass to and are vested in the person so regis

• § 114 — Notice of death or defeasance

  114.—(1) Upon the death of a joint tenant or of a life tenant of registered land, the proprietor who has become entitled to that land consequent upon that death may apply in the approved form to have the death notified in the land‑register.(2) Upon proof to his or her satisfaction of such a death, t

• § 115 — Caveats may be lodged

  115.—(1) Any person claiming an interest in land (whether or not the land has been brought under the provisions of this Act), or any person otherwise authorised by this Act or any other written law to do so, may lodge with the Registrar a caveat in the approved form which must include the following

• § 115A — Controller of Residential Property may lodge caveat

  115A. For the purposes of section 25 of the Residential Property Act 1976, the Controller of Residential Property (within the meaning of that Act) may, when directed by the Minister under section 25A of that Act, lodge with the Registrar a caveat over a lot in the approved form prohibiting the regis

• § 116 — Provisional notification of caveats

  116. Where a caveat is lodged with the Registrar and before it has been accepted by the Registrar as being in order for notification, the Registrar must —(a) if the caveat relates to land not yet brought under the provisions of this Act — provisionally enter the particulars thereof in the Caveat Ind

• § 117 — Notification of caveats

  117.—(1) Where the particulars of a caveat have been provisionally entered in the Caveat Index or a folio or both, and the caveat is subsequently accepted by the Registrar as being in order for notification, the Registrar must —(a) if the caveat relates to land not yet brought under the provisions o

• § 118 — Caveats lodged before initial registration

  118.—(1) Before bringing land under the provisions of this Act, the Registrar must cause a search to be made for caveats in the Caveat Index, and upon creating a folio for that land must notify thereon any caveat appearing from the search to affect it.(2) In the case of a primary application or of a

• § 119 — Effect of caveats

  119.—(1) Subject to subsections (2) and (3), a caveat which is in order for notification in the land-register at the date of its lodgment takes effect from that date.(2) Where a caveat is lodged against any land which has not yet been brought under the provisions of this Act, that caveat does not op

• § 12 — Restriction on registration or notification of assurance, instrument or caveat pending issue of fresh State title

  12. After the surrender of the title to land is lodged with the Registry of Deeds or the Land Titles Registry (as the case may be) under section 9, and pending the issuance of a fresh State title or titles by the President —(a) except for a discharge of a statutory charge in favour of the Central Pr

• § 120 — Effect of lodgment of a dealing affecting interest claimed in a caveat

  120.—(1) Upon lodgment of a dealing the registration of which is prohibited by a caveat, the Registrar must serve on the caveator a notice of the Registrar’s intention, at the expiration of 30 days from the date of the service of the notice, to register the dealing, and the Registrar must so registe

• § 121 — Lapsing of caveats

  121.—(1) A caveat lapses and ceases to affect land —(a) at the expiration of the period of 30 days (or of such further period as the court may direct) from the date of the service of the notice given under section 120; or (b) at the expiration of 5 years from the date of the lodgment of the caveat,

• § 122 — Extension of caveats

  122.—(1) At any time before a caveat has lapsed, a caveator may lodge an extension of caveat in the approved form claiming the same interest as that shown in the caveat and where such an extension of caveat has been lodged and notified in the land‑register, the caveat does not lapse until —(a) the e

• § 123 — Service of notices on caveator

  123.—(1) Where under this Part provision is made for the service on the caveator of a notice relating to a caveat lodged under any provision of this Part, or to any proceedings in respect of such a caveat, the notice is duly served if it is served in one of the following ways:(a) the notice is serve

• § 124 — Order for security, etc.

  124. In any proceedings in respect of a caveat, the court may —(a) order that the caveator give an undertaking or security that the court considers sufficient to indemnify every person against any damage that may be sustained by reason of any disposition of the property being delayed or to answer th

• § 125 — Notifications for lapsing, cancellation or extension of caveats

  125. The Registrar must make the appropriate notifications in the land-register or the Caveat Index of any lapsing, cancellation or extension of any caveat when such event has taken effect.

• § 126 — Withdrawal of caveats

  126.—(1) A caveat may be withdrawn either wholly or as to part of the land thereby affected by an instrument of withdrawal signed —(a) by the caveator or the caveator’s authorised agent including a solicitor acting on the caveator’s behalf; (b) where the caveator is a natural person who has died, b

• § 127 — Remedies of caveatee

  127.—(1) At any time after the lodgment of a caveat, the caveatee may summon the caveator to attend before the court to show cause why the caveat should not be withdrawn or otherwise removed, and the court may make such order, whether in the absence of the caveator or otherwise, as seems just.[Act 2

• § 128 — Compensation payable for wrongfully lodging caveats, etc.

  128.—(1) Any person who wrongfully, vexatiously or without reasonable cause —(a) lodges a caveat with the Registrar; (b) procures the lapsing of such a caveat; or (c) being the caveator, refuses or fails to withdraw such a caveat after being requested to do so, is liable to pay compensation to an

• § 129 — Registration of dealings in land

  129.—(1) A subsisting caveat lodged to protect any estate or interest in land does not prohibit the registration or notification of any of the following dealings in respect of the same estate or interest in the land:(a) a change or correction in the name or particulars of a registered proprietor; (

• § 13 — Collector to furnish Registrar with particulars of fresh State title

  13.—(1) Where at the time of the lodgment of any surrender of the title to land under section 9, the land is subject to any subsisting mortgage, statutory charge or caveat, the fresh State title or titles to be issued by the President under section 9 must be endorsed with a statement by the Collecto

• § 130 — Right to injunction not affected

  130. Nothing in this Part is to be construed as preventing or restricting a caveator from applying for and obtaining from a court an injunction for the purpose of —(a) restraining the Registrar from registering a dealing the registration of which is prohibited by the caveat; or (b) restraining anot

• § 131 — Interpretation of this Part

  131. In this Part, unless the context otherwise requires —“enforcement order” means an enforcement order against land issued by a court having jurisdiction to issue such an order, and, where the context admits, includes renewal of an enforcement order and a second or subsequent enforcement order on

• § 132 — Enforcement orders and orders not binding unless registered

  132.—(1) An enforcement order, or an order of court directing, appointing or empowering some person other than the proprietor to sell or otherwise to deal with or dispose of registered land, does not bind or affect such land until particulars of the enforcement order or order have been entered in th

• § 133 — Dealings by judgment debtors

  133.—(1) The registration of an enforcement order does not prevent the lodgment of instruments executed by the judgment debtor, but any such instrument must not be registered until registration of the enforcement order has been cancelled as in this Act provided.[Act 25 of 2021 wef 01/04/2022] (2) A

• § 134 — Lapsing of enforcement orders

  134.—(1) Registration of an enforcement order lapses, and the power of the Sheriff to execute registrable instruments pursuant thereto is extinguished, at the expiration of one year from the date of the registration of the enforcement order, and the land thereupon ceases to be bound thereby.[Act 25

• § 135 — Land sold pursuant to enforcement orders

  135.—(1) The interest in registered land which may be sold in execution under an enforcement order is the interest which belongs to the judgment debtor at the date of the registration of the enforcement order.[Act 25 of 2021 wef 01/04/2022] (2) For the purpose of determining the interest in land whi

• § 136 — Withdrawal and satisfaction of enforcement orders and orders

  136.—(1) An enforcement order or order of court may be withdrawn by the judgment creditor or other person for whose benefit it was issued, and the Registrar must, upon receipt of an application made in the approved form, cancel the registration of that enforcement order or order of court.[Act 25 of

• § 137 — Vesting orders

  137.—(1) In all cases where a vesting order affecting registered land would be made under the Trustees Act 1967, the court may, in accordance with section 51 of that Act, make an order appointing a person to execute such transfers or other instruments as may be necessary to give effect to the vestin

• § 138 — Interpretation of this Part

  138. In this Part —“dominant land” means the land to which the benefit of a restriction is annexed; “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; “servient land” means the land subjec

• § 139 — Notification of restrictions

  139.—(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 must enter a notification of the restrictions on the folio comprising the servient land.(2) Unless so notified a restriction does n

• § 14 — Power of Registrar of Deeds to refuse registration of assurances

  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 her or their written consent thereon —(a) the Registrar of Deeds must not accept that assurance for registrati

• § 140 — Release and variation of restrictions

  140.—(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.(2)

• § 141 — Duration of restrictions

  141.—(1) Unless extended in the manner provided by this section, a restriction (other than a restriction mentioned in subsection (2)) ceases to be enforceable against assigns of the servient land at the expiry of 20 years from the date of entry of a notification thereof on the land‑register.(2) Wher

• § 142 — Statutory obligations

  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

• § 143 — Compulsory acquisition of registered land

  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

• § 144 — Sale of land for revenue or rates

  144.—(1) Where registered land is sold under —(a) Part 2 of the Land Revenue Collection Act 1940; or (b) section 39 of the Property Tax Act 1960, 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

• § 145 — Statutory vesting not elsewhere provided for

  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 must, upon ap

• § 146 — Interpretation of this Part

  146. In this Part, “attorney” means any person appointed by an instrument under seal to act as the agent for or on behalf of a principal in relation to transactions with registered land, whether the agent is called attorney, receiver, broker, factor or otherwise and, where the context admits, “power

• § 147 — Registration of instruments executed by attorneys

  147.—(1) On lodgment for registration of any instrument executed by an attorney, the Registrar may require the power of attorney or a duly certified copy thereof to be exhibited to him or her, and in case of doubt, or where the Registrar suspects impropriety, may require the execution of the power t

• § 148 — Exoneration of purchasers

  148.—(1) In favour of a purchaser of registered land claiming through an instrument executed by an attorney, the power under which the attorney purports to act is presumed to be in full force and effect at the time of such execution unless the purchaser, prior to completion of the purchase, has rece

• § 149 — General attorneys

  149.—(1) Where in a power the attorney is described as the “general attorney” of the principal, the attorney is to be presumed by purchasers of registered land to have power to do all things the doing of which could lawfully be delegated by the principal.(2) This section applies only —(a) to powers

• § 15 — Application of section 8

  15.—(1) Section 8(2) and (3) applies to any land brought under the provisions of this Act pursuant to the issue of fresh State title after the surrender of an existing title.[8/2014] (2) Section 8(4) applies to any land brought under the provisions of this Act pursuant to the surrender of an existin

• § 150 — Investigation and registration fees

  150.—(1) Any purchaser of registered land from an attorney who is not a “general attorney” within the meaning of section 149 is entitled to be paid by the attorney —(a) the sum of $100 towards the costs of investigating title; and (b) any additional registration fee which may be prescribed for inst

• § 151 — Assurance fund

  151.—(1) From the fees which are collected by the Registrar under this Act, the Authority must set apart the proportion prescribed from time to time by rules made under this Act to constitute an assurance fund, from which are to be paid —(a) any sum necessary to compensate claimants under section 15

• § 152 — Registrar may be summoned for refusal to register instruments, etc.

  152.—(1) If, upon the application of any person to have land brought under the provisions of this Act, or to have any instrument registered or notified, or to have any certificate of title or other instrument issued, or to have performed or done by the Registrar any act or duty which by this Act is

• § 153 — Registrar may state a case

  153.—(1) Whenever any question of difficulty arises with regard to the performance of the duties, or the exercise of the functions, of the Registrar, he or she may state a case for the opinion of the court, and the court may give its judgment thereon, and that judgment is binding on the Registrar.(2

• § 154 — Actions for recovery of land

  154.—(1) No action of ejectment or other action for the recovery of registered land lies or may be sustained against the proprietor thereof except in the case of —(a) a mortgagee against a mortgagor in default; (b) a chargee against a chargor in default; (c) a lessor against a lessee in default;

• § 155 — Actions for recovery of damages

  155.—(1) Subject to subsection (3), any person who is deprived of land or sustains loss or damage through any omission, mistake or misfeasance of the Registrar, or any member of the Registrar’s staff, in the bringing of the land under the provisions of this Act or in the registration of any instrume

• § 156 — Procedure in actions against assurance fund

  156.—(1) Any person intending to claim against the assurance fund must, not less than 14 days before the commencement of the action, serve notice of the person’s claim on the Registrar as nominal defendant, stating the grounds on which the person’s claim is made and the amount claimed.(2) The Regist

• § 157 — Protection of bona fide purchasers, Authority and Registrar

  157.—(1) Despite anything in this Act, no purchaser who has become a proprietor may be subject to action for the recovery of land or of money on the plea that the purchaser’s vendor, or any predecessor in title, may have acted in bad faith.[8/2014] (2) Neither the Authority, the Registrar nor any pe

• § 158 — Limitation of actions for damages

  158.—(1) No action under section 155 shall lie unless such action is commenced within 12 years from the date on which the deprivation occurred or the loss or damage was sustained.(2) Where an action for deprivation, loss or damage has been commenced against any person within the period of 12 years m

• § 159 — Correction of errors in land-register

  159.—(1) The Registrar may, upon such evidence as appears to him or her sufficient, correct errors and omissions in the land‑register.(2) Without limiting subsection (1), the Registrar, of his or her own motion, or at the request of the aggrieved proprietor, may —(a) correct any folio which is erron

• § 16 — Registrar to make an entry on folio as to conclusiveness of boundaries, etc.

  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 must —(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 t

• § 160 — Rectification of land-register by court

  160.—(1) Subject to subsection (2), the court may order rectification of the land-register by directing that any registration be cancelled or amended in any of the following cases:(a) where 2 or more persons have, by mistake, been registered as proprietors of the same registered estate or interest i

• § 161 — Searches by public

  161.—(1) Subject to this section, any person may, upon payment of the prescribed fee, have access to the land‑register for the purpose of inspection and search on such days and during such hours and subject to such conditions as may be prescribed.(2) Subject to subsection (3), a search made does not

• § 162 — Official searches

  162.—(1) Any person may apply in the approved form for an official search in the land‑register to be made on the person’s behalf.(2) Upon receipt of such an application, the Registrar must cause a diligent search to be made, and must issue a certificate of the result of that search to the person req

• § 163 — Priority affected by final official searches

  163.—(1) The Registrar may issue a final official search to any person who wishes to close the land‑register, and who satisfies the Registrar (whether by production of an acknowledgment from the proprietor or otherwise) that the person is a purchaser of the land in respect of which the search is req

• § 164 — Certified copies: Value as evidence

  164.—(1) Subject to subsection (4), the Registrar, upon payment of the prescribed fee, must furnish to any person applying for it a certified copy of any instrument registered under the provisions of this Act, or which is in his or her custody and is the subject of a notification on the land-registe

• § 165 — Subdivision of registered land

  165.—(1) Except as provided in this section, the Registrar must not register any instrument affecting part of the land in a folio until he or she is satisfied that the boundaries and dimensions of part of the land in a folio described in an instrument are in accordance with the final boundaries and

• § 166 — 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 exte

• § 167 — Exoneration of Authority and 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 l

• § 168 — Fees and accounts

  168. The Registrar is 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 rules made under this Act.

• § 169 — 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

• § 17 — Priority of interests protected by mortgages, statutory charges and caveats registered or notified on land‑register

  17.—(1) Where any land has been surrendered to the President under section 9, with subsisting mortgages, statutory charges and caveats registered or notified on the land‑register, the priority of these mortgages, statutory charges and caveats are to be determined as follows:(a) the priority for cave

• § 170 — Composition of offences

  170.—(1) The Registrar or any person authorised by the Registrar in writing may 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 th

• § 171 — 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 must be paid into the funds of the Authority.

• § 172 — 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 th

• § 173 — Saving of rights

  173. To avoid doubt, it is declared that nothing in this Act affects the rights conferred on the Public Utilities Board by section 6 of and the Second Schedule to the Public Utilities Act 2001 and by section 4 of the Sewerage and Drainage Act 1999 and the Commissioner of Building Control by sections

• § 174 — Savings

  174.—(1) A reference in this Act to land brought under the provisions of this Act includes a reference to land which has been brought under the provisions of the repealed Land Titles Act (Cap. 157, 1985 Revised Edition) (called in this Part the repealed Act).(2) Any register, instrument, index or ot

• § 175 — Validation of extensions of caveats lodged under repealed Act

  175.—(1) Where at any time before 1 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

• § 176 — Transitional provisions

  176. The amendment to section 47 made by section 15 of the Land Titles (Amendment) Act 2001 (Act 25 of 2001) does 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 20

• § 18 — Collector may refuse to accept surrender of title to land for reissue of title

  18. The Collector may refuse to accept the surrender of any title to land for the reissue of title where the Collector 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.

• § 19 — Bringing lands under this Act

  19.—(1) Unregistered land of whatever tenure may be brought under the provisions of this Act upon any primary application or at the instance of the Registrar in accordance with this Division.(2) The Registrar may bring unregistered land under the provisions of this Act by the creation of one or more

• § 2 — Division into Parts

  2. This Act is divided into Parts, as follows: PART 1 ... sections 1-4 PART 2 ... sections 5-7 PART 3 Division 1 ... sections 8-18 Division 2 ... sections 19-24A Division 3 ... sections 25-27 PART 4 ... sections 28-44 PART 5 Division 1 ... sections 45-49 Division 2 ... secti

• § 20 — Primary applications

  20.—(1) A person entitled to bring unregistered land under the provisions of this Act may lodge a primary application with the Registrar to bring the land under this Act together with any deed, conveyance or instrument affecting the land.(2) The following persons are entitled to have unregistered la

• § 21 — Unregistered land may be brought under this Act at instance of Registrar or on registration of conveyance

  21.—(1) The Registrar may, if he or she thinks fit, bring under the provisions of this Act any unregistered land comprised in any conveyance registered under the Registration of Deeds Act 1988.(2) If the Registrar intends to bring any unregistered land under the provisions of this Act in accordance

• § 22 — Land may be brought under this Act upon subdivision

  22.—(1) Where permission has been granted to develop or subdivide any unregistered land, the owner is not entitled to deal with the land or any part thereof whether under the Registration of Deeds Act 1988 or under this Act, unless the entire parcel is brought under the provisions of this Act in acc

• § 23 — In whose name title to issue

  23.—(1) A folio created under this Division must be in the name of —(a) the person who in accordance with the documents lodged is entitled to be registered as the proprietor of the fee simple, estate in perpetuity or leasehold estate in land; or (b) the person who in accordance with the documents l

• § 24 — Mortgages and leases

  24.—(1) Where land has been brought under the provisions of this Act by the creation of a folio (whether qualified or unqualified as to title), any subsisting mortgage registered under the Registration of Deeds Act 1988 in respect of land comprised in the folio is, when notified on the folio, deemed

• § 24A — Leases of flats erected on unregistered land

  24A.—(1) Where there is a subsisting lease for a flat in a building erected on unregistered land and the lease for such a flat has been registered under the Registration of Deeds Act 1988, the Registrar may issue a subsidiary certificate of title to the owner (as it appears from the records kept by

• § 25 — Cautions and lapsing of cautions

  25.—(1) Upon the creation of a qualified folio, the Registrar must enter thereon a caution warning persons dealing with the registered proprietor therein named that the land comprised therein is held subject to any interest which affected it at the date of the creation of that folio, and so long as

• § 26 — Cancellation of cautions

  26.—(1) Where the Registrar has entered a caution on a qualified folio under section 25, the proprietor of the land comprised in that folio may apply to the Registrar in the approved form together with any deed, conveyance or instrument affecting the land for the cancellation of the caution if the p

• § 27 — Prior encumbrances to be notified on folio

  27.—(1) The Registrar must enter on a folio a notification of any caveat or other subsisting encumbrance —(a) which is apparent to him or her from the records maintained at the Land Titles Registry (including the Caveat Index) at the time of the creation of that folio; and (b) which is subsequently

• § 28 — Land-register

  28.—(1) The Registrar must cause a register (called in this Act the land‑register) to be maintained for the purposes of this Act.(2) The land-register comprises —(a) folios; (b) dealings registered therein under this Act; and (c) instruments and other documents in the approved form registered or n

• § 29 — Folios of land-register

  29.—(1) The Registrar must create a folio for any land by making a record of —(a) a description of the land and of the estate or interest therein for which it is created; (b) a description of the proprietor for the time being of the estate or interest and such other particulars as the Registrar thi

• § 3 — Reconciliation with existing laws

  3.—(1) Except as provided in this Act, all Acts, regulations, rules, and other laws, and all practices, relating to estates and interests in land and operative at 1 March 1994, so far as they are inconsistent with the provisions of this Act in their application to registered land, are repealed.(2) N

• § 30 — New folios of land-register

  30.—(1) The Registrar may create a new manual folio in the following cases:(a) where, in the Registrar’s opinion, it is impracticable to make further endorsements on an existing manual folio; (b) where the certificate of title of the land comprised in an existing manual folio has been mutilated or

• § 31 — Covenants restricting subdivision of land in State titles not to apply to registered land

  31. The provisions of the State Lands Act 1920 and the covenants or conditions under that Act prohibiting or restricting the division or partition of land do not apply to registered land.[8/2014]

• § 32 — Creation of new folios of land-register on application of mortgagee or chargee

  32.—(1) Where the competent authority, or any other authority controlling or supervising the lawful subdivision of land, has granted subdivision approval for any land comprised in one or more folios which has been mortgaged or charged, any registered mortgagee or chargee (hereinafter called the appl

• § 33 — Contingent interests

  33.—(1) A new folio must not be created in favour of —(a) a person entitled to a bare power of appointment over land; or (b) a person or class of persons entitled only to a contingent interest in land. (2) Any instrument creating an interest mentioned in subsection (1) must be registered by enteri

• § 34 — Certificates of title

  34.—(1) The Registrar may, if he or she thinks fit, from time to time issue a certificate of title for the land comprised in any folio and may, for the purposes of subsection (4), require the production of any existing certificate of title or other registered instruments.(2) A certificate of title m

• § 35 — Delivery of certificates of title, etc., after registration

  35. The Registrar may —(a) deliver a certificate of title or any registered instrument and related documents in the Registrar’s custody to the person who lodged the documents unless that person has lodged an approved form with the Registrar authorising the Registrar to deliver the documents to some

• § 36 — Land-register as evidence

  36.—(1) Every manual folio duly authenticated under the hand and seal of the Registrar —(a) shall be received in all courts as evidence of the particulars therein set forth and that the land therein comprised has been duly brought under the provisions of this Act; and (b) is conclusive evidence tha

• § 37 — Registration and priority of instruments

  37.—(1) The Registrar must register an instrument in the following manner:(a) where the relevant folio is a manual folio — by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio and duly signed and sealed and dated by the Registrar;

• § 38 — Restrictions on Registrar’s powers of registration

  38.—(1) The Registrar must not register any instrument purporting to transfer or otherwise to deal with or affect registered land except in the manner herein provided, nor unless the instrument is substantially in accordance with the provisions of this Act.(2) The Registrar must not enter in the lan

• § 39 — Proprietors under disability

  39.—(1) Where it appears to the Registrar that a person acquiring title under any instrument is an infant or is suffering from any other legal disability, the Registrar must notify the disability in the memorial of registration and in any new folio which may be created in favour of that person.(2) W

• § 4 — Interpretation

  4.—(1) In this Act, unless the context otherwise requires —“approved form” means any form approved by the Registrar for the purposes of any of the provisions of this Act and includes an electronic form produced by making an electronic copy, image or reproduction of a written instrument; “assurance”

• § 40 — Corporations and limited liability partnerships

  40.—(1) In favour of any purchaser of registered land, a corporation or a limited liability partnership is deemed to have the same powers of acquisition and disposition as a natural person of full age and legal capacity.[8/2014] (2) This section applies to all corporations whether sole or aggregate,

• § 41 — Death of party

  41. Where a party entitled to registration under an instrument dies before registration of the instrument, the Registrar may nevertheless register the instrument in the name of that party.

• § 42 — Entries on documents of title

  42.—(1) Where the Registrar has issued a certificate of title in respect of any registered land comprised in any folio, that document must be produced for the purpose of effecting registration of any instrument lodged in the Land Titles Registry and for the purpose of entering endorsements of the me

• § 43 — Replacement of certificates of title, etc.

  43.—(1) The Registrar may issue a new certificate of title or a new subsidiary certificate of title to replace —(a) any certificate of title; or (b) any subsidiary certificate of title or duplicate lease, which has been lost, mislaid, destroyed or is being improperly or wrongfully withheld. [8/20

• § 43A — Surrender of earlier certificate of title, etc., upon replacement

  43A.—(1) Where a certificate of title, subsidiary certificate of title or duplicate lease is declared to be lost, mislaid, destroyed or is being improperly or wrongfully withheld, and in place thereof a new certificate of title or a new subsidiary certificate of title is issued by the Registrar unde

• § 44 — Disposal of antecedent documents or instruments following creation of folio

  44.—(1) Upon creating a folio for any land under the provisions of this Act, or where, in the Registrar’s opinion, documents or instruments lodged with the Land Titles Registry need no longer be retained, the Registrar —(a) must return or deliver to the person from whom the Registrar received the do

• § 45 — Instruments ineffectual until registered

  45.—(1) No instrument until registered as in this Act provided is effectual to pass any estate or interest in land under the provisions of this Act.(2) Upon registration of an instrument the estate or interest therein specified passes, or the land becomes liable as security for the payment of money

• § 46 — Estate of proprietor paramount

  46.—(1) Despite —(a) the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority; and (b) any failure to observe the procedural requirements of this Act, any person who b

• § 47 — Exoneration from effect of notice

  47.—(1) Except in the case of fraud, any person dealing with a proprietor or with a person who is entitled to become a proprietor is not required and need not in any manner be concerned —(a) to inquire or ascertain the circumstances in or the consideration for which the current proprietor or any pre

• § 48 — Priority determined by order of registration

  48.—(1) Except as provided in subsection (2) and section 27(6), interests appearing in the land‑register have priority according to the order of their registration or notification, irrespective of the dates of the instruments by which those interests were created or are evidenced.(2) Where an instru

• § 49 — Priority of unregistered interests

  49.—(1) Except in the case of fraud, the entry of a caveat protecting an unregistered interest in land under the provisions of this Act gives that interest priority over any other unregistered interest not so protected at the time when the caveat was entered.(2) Knowledge of the existence of an unre

• § 5 — Appointment of Registrar, Deputy Registrars, Assistant Registrars and other officers

  5.—(1) This Act is to be administered by the Registrar of Titles who is appointed by the Minister and who is to carry into execution the provisions of this Act and be responsible for the general administration of the Land Titles Registry.(2) The Minister may also appoint such number of Deputy Regist

• § 50 — No title by adverse possession

  50. Except as provided in section 174(7) and (8), no title to land adverse to or in derogation of the title of a proprietor of registered land is acquired by any length of possession by virtue of the Limitation Act 1959 or otherwise, nor is the title of any proprietor of registered land extinguished

• § 51 — Approved forms

  51.—(1) The forms from time to time approved by the Registrar must be used for all instruments intended to affect registered land.(2) The Registrar may register any instrument containing departures from an approved form and the instrument is deemed to be in a form approved by the Registrar. —(1) Th

• § 51A — Lodgment of instrument in electronic form

  51A.—(1) Subject to this section, an instrument may be lodged in such electronic form as may be approved by the Registrar.(2) A person must not lodge an instrument in electronic form unless the person is authorised by the Registrar to do so. (3) Every instrument lodged in electronic form under this

• § 52 — Registration of mortgage, charge or lease

  52.—(1) Every mortgage, charge or lease presented for registration need not be lodged in duplicate except for a lease to be comprised in a manual folio.(2) Upon registration of any mortgage, charge or lease, the Registrar must enter a statement on the mortgage, charge or lease to the effect that it

• § 53 — Manner of holding by co-owners

  53.—(1) In every instrument affecting registered land, co‑tenants claiming under the instrument hold the land as joint tenants unless they are described as tenants‑in‑common; and if they are described as tenants‑in‑common, the shares in the registered land to be held by them must, subject to subsect

• § 54 — Description of land

  54.—(1) Every instrument lodged for registration must refer to the folio and the lot intended to be dealt with.(2) Subject to section 54A, where a dealing referred to in an instrument affects part of any land comprised in a folio and such dealing does not contravene the provisions of the Planning Ac

• § 54A — Obtaining of lot or strata lot number

  54A.—(1) Where a proprietor intends to sell part of a parcel of any land or part of a building, the proprietor must, after obtaining the approval of the relevant authority and before entering into a sale and purchase agreement for such part, either —(a) obtain from the Chief Surveyor a lot or strata

• § 55 — Memorandum of prior encumbrances

  55.—(1) Instruments intended to dispose of or to create any interest in registered land must contain in a memorandum of prior encumbrances a brief description of any interest affecting that land which has been registered or notified in the land‑register.(2) Failure to comply with subsection (1) does

• § 56 — Proprietor must execute instrument

  56.—(1) Except as provided in subsection (2), every instrument purporting to dispose of or to create an interest in registered land must be executed by the proprietor or proprietors thereof named in the land‑register at the time of registration of the instrument.(2) This section does not prevent the

• § 57 — Attestation and proof of execution

  57.—(1) Subject to subsection (3), the Registrar must accept as proof of due execution of an instrument intended for registration under this Act if the instrument is presented in the following manner:(a) where a person, other than a party to the instrument, attests the instrument; or (b) where the

• § 58 — Execution of instruments by corporations, etc.

  58.—(1) Subject to subsection (4), in favour of purchasers, an instrument dealing with registered land is deemed to have been duly executed by a corporation or a limited liability partnership if the seal of the corporation or limited liability partnership is affixed thereto in the presence of and at

• § 59 — Certificate of correctness

  59.—(1) The Registrar may reject any application to bring land under the provisions of this Act, or any other instrument purporting to deal with or to affect land (whether registered or unregistered), unless there is endorsed thereon a certificate by the parties to the instrument that it is correct

• § 6 — Seal of office

  6.—(1) The Registrar is to have and use a seal of office having inscribed in the margin thereof the words “Registrar of Titles, Singapore”.(2) Every certificate of title, dealing or any other document in writing relating to the disposition or acquisition of, or claim to, any estate or interest in la

• § 60 — Address for service of notices

  60.—(1) Every instrument by which a person becomes a proprietor of registered land and every caveat relating to dealings with land (whether registered or unregistered) must contain an address within Singapore to which may be sent any notice concerning the land authorised or required by this Act.(2)

• § 60A — Service of notices, etc.

  60A.—(1) Unless otherwise expressly provided in this Act, a notice that is required or authorised by this Act to be given to or served on a person may be given to or served on that person —(a) by posting it or sending it by fax to that person’s address for service (within the meaning of this section

• § 61 — Instruments to take effect as deeds

  61.—(1) Upon registration, any instrument disposing of or creating an interest in registered land has the effect of a deed.(2) Nothing in this Act prevents a party to an instrument affixing the party’s seal thereto or giving to the instrument any additional form of solemnity not inconsistent with th

• § 62 — Covenants in instruments: Words of succession implied

  62.—(1) In instruments registered under the provisions of this Act, unless a contrary intention is expressed, covenants relating to land are deemed to be made by the covenantor and the covenantor’s successors in title with the covenantee and the covenantee’s successors in title and have effect as if

• § 63 — Form and effect of transfers

  63.—(1) The proprietor of an estate in land, or of a lease, mortgage or charge, may transfer the same by an instrument of transfer in the approved form, and upon the registration of such instrument the estate or interest of the transferor as therein set forth, together with all easements, rights and

• § 64 — Transfers of land subject to mortgage or charge

  64.—(1) On the registration of a transfer of land subject to a mortgage or charge, and whether the transfer is executed by the transferee or not, there is implied a covenant by the transferee to —(a) pay the moneys and to perform the obligations secured by the mortgage or charge; (b) perform and ob

• § 65 — Estates for life and in remainder

  65.—(1) Registered land may be transferred for an estate for a life or lives (either with or without a power of appointment over the reversion or remainder), or for an estate in remainder expectant upon the determination of a life or lives, by an instrument of transfer in the approved form, modified

• § 66 — Merger of contract in transfer

  66. All obligations created by a contract for the sale of registered land are, upon registration of the transfer giving effect to the contract, deemed to have merged in that transfer unless express provision in writing is made to the contrary.

• § 67 — Merger of registered interests

  67. Where upon the registration of a transfer or other instrument the interests of —(a) lessor and lessee; (b) mortgagor and mortgagee; or (c) chargor and chargee, vest in the same proprietor, any intention to merge those interests must be evidenced by a surrender of lease, or by a discharge of m

• § 68 — Form and effect of mortgages and charges

  68.—(1) Registered land may be mortgaged to secure payment of a debt by an instrument of mortgage in the approved form.(2) Registered land may be charged to secure payment of a rentcharge, annuity or other periodical sum, or of any money other than a debt, by an instrument of charge in the approved

• § 69 — Application of Conveyancing and Law of Property Act 1886

  69.—(1) The provisions of Part 4 of the Conveyancing and Law of Property Act 1886 apply, with the necessary modifications, to mortgages and charges registered under the provisions of this Act.(2) In every mortgage of registered land (unless a contrary intention is expressed), there is deemed to be i

• § 7 — General powers of Registrar

  7.—(1) The Registrar may exercise the following powers:(a) to administer oaths and take statutory declarations; (b) to enter caveats for the prevention of fraud or improper dealing whenever the Registrar has reason to think that fraud or improper dealing may occur, or for the prevention of any deal

• § 70 — Standard covenants and conditions applicable to mortgages

  70. Where the Authority, with the approval of the Minister, has under section 172 made rules to prescribe standard covenants and conditions which are to apply to mortgages, the prescribed covenants and conditions are from the date of operation of the relevant rule deemed incorporated in mortgages ma

• § 71 — Submortgages

  71.—(1) In this section, “submortgage” means the mortgage of a mortgage and the mortgage of a charge.(2) Upon the registration of a submortgage, all acts, powers and rights which might previously have been done or exercised by the mortgagor or chargor thereunder in relation to the land may thereafte

• § 72 — Custody of documents of title

  72. A first mortgagee is, as between the mortgagee and the mortgagor, entitled to custody of the documents of title to the mortgaged land so long as any liability under the mortgage subsists, but upon a request by the mortgagor, and upon payment of the mortgagee’s proper costs and expenses, the mort

• § 73 — Transfers made in exercise of power of sale

  73.—(1) The Registrar must register in the manner prescribed by section 37 any transfer in the approved form by a mortgagee or chargee made in exercise of a power of sale, without being concerned to inquire whether default has occurred, or whether notice has been given, or whether the power was othe

• § 74 — Application of proceeds of sale

  74.—(1) The money received by a mortgagee who has exercised the mortgagee’s power of sale, after discharge of prior encumbrances to which the sale is not made subject (if any), or after payment into court under the Conveyancing and Law of Property Act 1886 of a sum to meet any prior encumbrances, mu

• § 75 — Entry into possession

  75.—(1) If default is made in payment of the interest, principal or other money, secured by a mortgage or charge, or in payment of any part thereof, the mortgagee or chargee is, as against the mortgagor or chargor and those claiming through or under the mortgagor or chargor, entitled to enter into p

• § 76 — Foreclosure of mortgages

  76.—(1) In the interpretation of any law relating to foreclosure of mortgage, unless repugnant to the context —(a) a mortgagor of registered land who is in default is deemed to have an equity of redemption; and (b) a mortgagee of registered land has the same right to apply to the court for an order

• § 77 — Right to discharge

  77.—(1) Upon fulfilling the obligations under a registered mortgage or charge, a mortgagor or chargor is entitled, subject to section 22 of the Conveyancing and Law of Property Act 1886, to obtain from the mortgagee or chargee a registrable discharge.[8/2014] (2) A mortgagor or chargor is not bound

• § 78 — Discharge of mortgages and charges

  78.—(1) The parties may agree to the discharge of —(a) the whole of the mortgaged or charged land from a specified part of the principal sum or other money thereby secured; (b) a part of the mortgaged or charged land from the whole of the principal sum or other money thereby secured; or (c) the wh

• § 79 — Satisfaction of charges

  79.—(1) Upon —(a) proof of the death of the annuitant, or of the occurrence of any other event or circumstance upon which the annuity or other money secured by a charge ceases to be payable; and (b) lodgment of an application in the approved form with the Registrar for the entry in the relevant fol

• § 8 — Alienation by State

  8.—(1) Where at any time, whether before or after 1 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 must furnish to the Registrar such particulars of the alienation in such manner as

• § 80 — Tacking of further advances

  80.—(1) Despite any other provision of this Act, a prior mortgagee of registered land has the right to make further advances or give further credit or accommodation to rank in priority to subsequent mortgages —(a) if the prior mortgage expressly authorises the making of further advances, or the givi

• § 81 — Application of this Division

  81. This Division applies to a mortgage which was registered under the Registration of Deeds Act 1988 before the mortgaged land was brought under the provisions of this Act and the mortgage is notified on the relevant folio created for the land when the land is brought under the provisions of this A

• § 82 — Application of sections 71 to 75 and 78 to 80

  82. Sections 71 to 75 and 78 to 80 apply, with the necessary modifications, to a mortgage to which this Division applies.

• § 83 — Mortgagee to execute transfer

  83.—(1) Where the mortgagee of a mortgage to which this Division applies has exercised the mortgagee’s power of sale, the mortgagee must execute a transfer in the approved form for the purpose of transferring all the estate and interest in the land to the purchaser.(2) Despite the provisions of the

• § 84 — Discharge of a mortgage, etc., notified on land-register

  84.—(1) An instrument in respect of any future dealing with a mortgage to which this Division applies (including a reconveyance and a conveyance of the mortgagee’s estate or a submortgage), or pursuant to such a mortgage, must not be registered under the Registration of Deeds Act 1988 except in resp

• § 85 — Foreclosure of mortgages notified on land-register

  85.—(1) Where before or after 1 March 1994, the court has made an order for foreclosure in respect of a mortgage to which this Division applies, the mortgagee in whose favour the foreclosure order is made must —(a) lodge an application in the approved form with the Registrar and not the Registrar of

• § 86 — Application of this Part

  86.—(1) In the interpretation of this Part, unless the context otherwise indicates or requires, “lease” includes a sublease; but nothing in this Part is to be taken to authorise the breach of a covenant against subletting.(2) Part 3 of the Conveyancing and Law of Property Act 1886 applies, with the

• § 87 — Form and registration of leases

  87.—(1) Registered land may be leased for any term of years exceeding 7 years by an instrument of lease in the approved form.(2) The Registrar must not register any lease unless —(a) the term is expressed to exceed 7 years; (b) the date of commencement of the term and its maximum duration are certa

• § 88 — Options for renewal and for purchase

  88.—(1) Registration of a lease containing an option for renewal or for purchase does not give the option (whether in the form of a covenant or otherwise) any greater effect than it would have had without such registration.(2) The memorial of registration of a lease containing an option must refer t

• § 89 — Leases of mortgaged land

  89.—(1) A lease of registered land which is subject to a mortgage does not bind the mortgagee unless —(a) the lease is expressly or impliedly authorised, either by the mortgage or by law; or (b) the mortgagee consents to the lease. (2) This section does not entitle a mortgagee to refuse to produce

• § 9 — Surrender and reissue of title to land

  9.—(1) Where the President agrees to accept the surrender of the title to land (whether registered or unregistered, and whether of the same or different tenure), for the reissue of one or more fresh State titles of one type of tenure, the President may accept the surrender of title to land, subject

• § 90 — Covenants against assigning and subletting

  90. The Registrar need not be concerned to consider whether or not any dealing by a lessee is made in breach of a covenant against assigning or subletting.

• § 91 — Surrender of leases

  91.—(1) A lease of registered land may be surrendered —(a) by an instrument of surrender in the approved form; or (b) by operation of law. (2) A surrender must be registered by the entry of a memorial on the relevant folio. (3) Registration of the surrender (whether consequent upon merger or othe

• § 92 — Determination of leases

  92.—(1) Where a lease has been determined —(a) by effluxion of time; (b) by the happening of an event upon which the lease is expressed to determine; or (c) by lawful re-entry and recovery of possession, the lessor may apply to the Registrar in the approved form to have a notification of the dete

• § 93 — Implied powers of lessors

  93.—(1) In every lease of registered land made under this Act, there are implied the following powers in the lessor:(a) that the lessor or the lessor’s agents, may twice in every year during the term at a reasonable time of the day, upon giving the lessee 2 days’ previous notice, enter upon the leas

• § 94 — Interpretation of this Part

  94.—(1) In this Part, “dominant tenement” and “servient tenement” mean, respectively, the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement.(2) Nothing in this Act is to be construed as altering the law relating to the natu

• § 95 — Licences not to be registered

  95.—(1) The Registrar must not register as an easement any instrument purporting to create an interest —(a) of a kind which has not been recognised by law as an easement; or (b) which is not expressed to be appurtenant to land (whether registered land or otherwise) of a person other than the propri

• § 96 — Easements for installations

  96. For the purposes of this Act, the fact that a right to lay or maintain pipes or other installations through the land of a proprietor confers on the person or authority entitled to that right the exclusive possession or occupation of the soil, or of the space occupied by the pipes or other instal

• § 97 — Registration necessary for creation of easements

  97.—(1) An easement is not acquired over registered land by long‑continued user adverse to a proprietor, nor by prescription, nor by any presumption of a lost grant, nor by any implication of law except as may be provided in this Act or section 10 of the State Lands Act 1920; but where an easement i

• § 97A — Power of court to create easements

  97A.—(1) The court may, on application by an interested person (called in this section the applicant), make an order creating an easement over registered land if the easement is reasonably necessary for the effective use or development of other land (whether registered or unregistered) that will hav

• § 98 — Implied easements for passage of water, electricity, drainage, gas and sewerage for development

  98.—(1) There is implied in respect of each lot of land which forms part of the same development (called hereinafter the lot) as follows:(a) in favour of the proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, electricity, drainage, gas and sewerage th

• § 99 — Implied easements for right of way and other rights shown in subdivision plan

  99.—(1) Where the competent authority has approved the development and subdivision of any land comprised in an estate before or after 1 March 1994 and the subdivision plan has been submitted to the competent authority, there is implied, in respect of each lot of the estate which is used or intended