§ 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;

(b)

a transfer of land in favour of the President by way of surrender for the purpose of reissuing one or more fresh State titles;

(c)

a vesting of land under section 81 of the Housing and Development Act 1959;

(d)

a statutory vesting of mortgage under section 145(3);

(e)

a postponement of a mortgage or a charge, or a postponement of a registered mortgage or a registered charge;

(f)

a total or partial discharge of a mortgage or a charge, or a total or partial discharge of a registered mortgage or a registered charge;

(g)

a cancellation or withdrawal of the registration of a writ or an order of court under section 134 or 136;

(h)

an application for a new certificate of title or subsidiary certificate of title under section 43 or as otherwise provided under this Act;

(i)

an application for a certificate of title or subsidiary certificate of title for a leasehold estate comprised in a registered lease;

(j)

a strata title application made under the Land Titles (Strata) Act 1967;

(k)

an application for notional shares in land under section 84E of the Land Titles (Strata) Act 1967;

(l)

an application made to a Strata Titles Board, or any order made by a Strata Titles Board or the court, under Part 5A of the Land Titles (Strata) Act 1967;

(m)

a cancellation of the notification of an application for an order for collective sale made to a Strata Titles Board under Part 5A of the Land Titles (Strata) Act 1967;

(n)

an application to cancel a Registrar’s caution prohibiting assurance of a provisional lot under section 31(3) of the Land Titles (Strata) Act 1967.[8/2014]

(1A) In addition, except insofar as it otherwise specifies, 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 vesting pursuant to compulsory acquisition under section 143;

(b)

a transfer of land sold under section 144;

(c)

a transfer or lease executed by a mortgagee or chargee, or a registered mortgagee, or a registered chargee, under a mortgage or charge registered or notified and subsisting prior to the lodgment and notification of the caveat in the land‑register, pursuant to a power of sale or lease contained in the mortgage or charge or conferred on the registered mortgagee or registered chargee under this Act;

(d)

a transfer of a mortgage or charge, or a registered mortgage or registered charge;

(e)

a variation of a mortgage or charge, or a registered mortgage or registered charge;

(f)

a transmission upon death of a registered proprietor, notice of death of one or more joint tenants, a transmission upon a registered proprietor being adjudicated a bankrupt or on the vesting in the Official Receiver of a corporation’s or limited liability partnership’s estate or interest in land upon the effective date of its winding up;

(g)

easements or restrictions which are not expressly prohibited by the caveat, or any variation thereof (including an extension of the duration of restrictions under section 141);

(h)

a total or partial release or extinguishment of any easements or restrictions;

(i)

in relation to a lease lodged in registrable form and accepted before the lodgment of the caveat, a dealing effected by the lessee pursuant to a right conferred by the lease or by or under any existing law;

(j)

a dealing effected by a lessee, mortgagee or chargee under a lease, mortgage or charge to the registration of which lease, mortgage or charge the caveator has consented or such lease, mortgage or charge has been made subject to the interest of the caveator as claimed in the caveat, being a dealing relating to the lease, mortgage or charge.[8/2014]

(2) For the purpose of subsection (1A), where the Registrar registers a dealing that —(a)

completely disposes of the estate of the registered proprietor in the land to which the caveat relates — the caveat lapses and ceases to have any effect; or

(b)

does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates — the caveat is deemed to have lapsed only to the extent necessary to permit such registration.[8/2014]

(3) For the purposes of subsection (2), a registration made under section 107, 110 or 114 is deemed not to dispose completely of the estate of the registered proprietor whose estate is transmitted under those sections.

(4) In this section —“mortgage”, “mortgagee” and “mortgagor” are as defined in section 69;

“mortgage” includes a “submortgage”, “mortgagee” includes a “submortgagee” and “mortgagor” includes a “submortgagor”;

“registered mortgage” means a mortgage registered under the Registration of Deeds Act 1988 and notified on the land-register and includes a charge so registered and notified; and a “registered mortgagee” has the corresponding meaning as in section 69.[8/2014]

—(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;

(b)

a transfer of land in favour of the President by way of surrender for the purpose of reissuing one or more fresh State titles;

(c)

a vesting of land under section 81 of the Housing and Development Act 1959;

(d)

a statutory vesting of mortgage under section 145(3);

(e)

a postponement of a mortgage or a charge, or a postponement of a registered mortgage or a registered charge;

(f)

a total or partial discharge of a mortgage or a charge, or a total or partial discharge of a registered mortgage or a registered charge;

(g)

a cancellation or withdrawal of the registration of a writ or an order of court under section 134 or 136;

(h)

an application for a new certificate of title or subsidiary certificate of title under section 43 or as otherwise provided under this Act;

(i)

an application for a certificate of title or subsidiary certificate of title for a leasehold estate comprised in a registered lease;

(j)

a strata title application made under the Land Titles (Strata) Act 1967;

(k)

an application for notional shares in land under section 84E of the Land Titles (Strata) Act 1967;

(l)

an application made to a Strata Titles Board, or any order made by a Strata Titles Board or the court, under Part 5A of the Land Titles (Strata) Act 1967;

(m)

a cancellation of the notification of an application for an order for collective sale made to a Strata Titles Board under Part 5A of the Land Titles (Strata) Act 1967;

(n)

an application to cancel a Registrar’s caution prohibiting assurance of a provisional lot under section 31(3) of the Land Titles (Strata) Act 1967.[8/2014]

(1A) In addition, except insofar as it otherwise specifies, 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 vesting pursuant to compulsory acquisition under section 143;

(b)

a transfer of land sold under section 144;

(c)

a transfer or lease executed by a mortgagee or chargee, or a registered mortgagee, or a registered chargee, under a mortgage or charge registered or notified and subsisting prior to the lodgment and notification of the caveat in the land‑register, pursuant to a power of sale or lease contained in the mortgage or charge or conferred on the registered mortgagee or registered chargee under this Act;

(d)

a transfer of a mortgage or charge, or a registered mortgage or registered charge;

(e)

a variation of a mortgage or charge, or a registered mortgage or registered charge;

(f)

a transmission upon death of a registered proprietor, notice of death of one or more joint tenants, a transmission upon a registered proprietor being adjudicated a bankrupt or on the vesting in the Official Receiver of a corporation’s or limited liability partnership’s estate or interest in land upon the effective date of its winding up;

(g)

easements or restrictions which are not expressly prohibited by the caveat, or any variation thereof (including an extension of the duration of restrictions under section 141);

(h)

a total or partial release or extinguishment of any easements or restrictions;

(i)

in relation to a lease lodged in registrable form and accepted before the lodgment of the caveat, a dealing effected by the lessee pursuant to a right conferred by the lease or by or under any existing law;

(j)

a dealing effected by a lessee, mortgagee or chargee under a lease, mortgage or charge to the registration of which lease, mortgage or charge the caveator has consented or such lease, mortgage or charge has been made subject to the interest of the caveator as claimed in the caveat, being a dealing relating to the lease, mortgage or charge.[8/2014]

(2) For the purpose of subsection (1A), where the Registrar registers a dealing that —(a)

completely disposes of the estate of the registered proprietor in the land to which the caveat relates — the caveat lapses and ceases to have any effect; or

(b)

does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates — the caveat is deemed to have lapsed only to the extent necessary to permit such registration.[8/2014]

(3) For the purposes of subsection (2), a registration made under section 107, 110 or 114 is deemed not to dispose completely of the estate of the registered proprietor whose estate is transmitted under those sections.

(4) In this section —“mortgage”, “mortgagee” and “mortgagor” are as defined in section 69;

“mortgage” includes a “submortgage”, “mortgagee” includes a “submortgagee” and “mortgagor” includes a “submortgagor”;

“registered mortgage” means a mortgage registered under the Registration of Deeds Act 1988 and notified on the land-register and includes a charge so registered and notified; and a “registered mortgagee” has the corresponding meaning as in section 69.[8/2014]