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 particulars:(a)
the names of the caveator and the caveatee;
(b)
an address in Singapore at which notices may be served on the caveator and the caveatee;
(c)
nature of the interest claimed by the caveator;
(d)
the grounds in support of the claim;
(e)
the nature of the prohibition of the dealing in land;
(f)
the lot affected by the caveat and, where that lot is comprised in a folio, the folio;
(g)
where the caveat relates to only part of the land, such description of that part as will enable it to be identified to the satisfaction of the Registrar;
(h)
if the caveator is a purchaser or sub-purchaser of the interest in the land, the amount of the purchase price and the date of the caveator’s contract or the date on which the caveator exercised the option to purchase the interest in the land, as the case may be;
(i)
the particulars required by section 19 of the Residential Property Act 1976.[8/2014]
(2) A caveator may, according to the extent of the caveator’s interest, prohibit the registration under this Act of any dealing affecting the land against which the caveat is directed, either —(a)
unless the dealing is expressed to be subject to the interest claimed by the caveator; or
(b)
unless the caveator or some person nominated by the caveator in the caveat has consented in writing to the registration.[8/2014]
(3) For the purposes of this Part, and without limiting its generality, a reference to a person claiming an interest in land includes a reference to any of the following persons:(a)
any person who has an interest in the proceeds of sale of land, not being an interest arising from a judgment or order for the payment of money;
(b)
a person who has obtained an injunction in respect of an estate or interest in land.
(4) Nothing in this section enables a caveator or a person nominated by the caveator in a caveat under subsection (2)(b) to withhold consent to any dealing which a caveatee may lawfully make.
—(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 particulars:(a)
the names of the caveator and the caveatee;
(b)
an address in Singapore at which notices may be served on the caveator and the caveatee;
(c)
nature of the interest claimed by the caveator;
(d)
the grounds in support of the claim;
(e)
the nature of the prohibition of the dealing in land;
(f)
the lot affected by the caveat and, where that lot is comprised in a folio, the folio;
(g)
where the caveat relates to only part of the land, such description of that part as will enable it to be identified to the satisfaction of the Registrar;
(h)
if the caveator is a purchaser or sub-purchaser of the interest in the land, the amount of the purchase price and the date of the caveator’s contract or the date on which the caveator exercised the option to purchase the interest in the land, as the case may be;
(i)
the particulars required by section 19 of the Residential Property Act 1976.[8/2014]
(2) A caveator may, according to the extent of the caveator’s interest, prohibit the registration under this Act of any dealing affecting the land against which the caveat is directed, either —(a)
unless the dealing is expressed to be subject to the interest claimed by the caveator; or
(b)
unless the caveator or some person nominated by the caveator in the caveat has consented in writing to the registration.[8/2014]
(3) For the purposes of this Part, and without limiting its generality, a reference to a person claiming an interest in land includes a reference to any of the following persons:(a)
any person who has an interest in the proceeds of sale of land, not being an interest arising from a judgment or order for the payment of money;
(b)
a person who has obtained an injunction in respect of an estate or interest in land.
(4) Nothing in this section enables a caveator or a person nominated by the caveator in a caveat under subsection (2)(b) to withhold consent to any dealing which a caveatee may lawfully make.
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 registration under this Act, during the period specified by the Minister in a condition imposed when granting approval under section 25 of that Act, of any dealing affecting the land against which the caveat is directed unless the Controller, or some person nominated by the Controller in the caveat, has consented in writing to such registration.[35/2010; 8/2014]
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 Index;
(b)
if the caveat relates to a manual folio — provisionally enter the particulars thereof on the folio; and
(c)
if the caveat relates to a computer folio of the land‑register — provisionally enter the particulars thereof in the Caveat Index and on the folio.
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 of this Act — expeditiously sign and date the entry of the particulars of the caveat in the Caveat Index;
(b)
if the caveat relates to a manual folio — expeditiously sign and date the entry of the particulars of the caveat in the folio;
(c)
if the caveat relates to a computer folio — date the entry of the particulars thereof in the Caveat Index and in the computer folio,
and notify the caveatee that the caveat has been lodged and accepted by the Registrar.
(2) When any land specified in a caveat which has been notified in the Caveat Index is brought under the provisions of this Act and the caveat is notified in the land-register, the Registrar must as soon as practicable make the appropriate entry in the Caveat Index to indicate clearly the folio created for the land.
(3) If upon investigation it is found that a caveat does not comply with the requirements of this Act, the Registrar must give notice to the caveator of the matters in respect of which it is deficient, and if, within a period of not less than 14 days from the date of the service of the notice, the caveat is not rectified, it is deemed to have been withdrawn.
(4) The Registrar must cancel the entry of the notification of a caveat mentioned in subsection (3) in the Caveat Index or the land‑register, as the case may be.
(5) The Registrar need not be concerned to consider whether or not a caveator’s claim is justified.[8/2014]
—(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 of this Act — expeditiously sign and date the entry of the particulars of the caveat in the Caveat Index;
(b)
if the caveat relates to a manual folio — expeditiously sign and date the entry of the particulars of the caveat in the folio;
(c)
if the caveat relates to a computer folio — date the entry of the particulars thereof in the Caveat Index and in the computer folio,
and notify the caveatee that the caveat has been lodged and accepted by the Registrar.
(2) When any land specified in a caveat which has been notified in the Caveat Index is brought under the provisions of this Act and the caveat is notified in the land-register, the Registrar must as soon as practicable make the appropriate entry in the Caveat Index to indicate clearly the folio created for the land.
(3) If upon investigation it is found that a caveat does not comply with the requirements of this Act, the Registrar must give notice to the caveator of the matters in respect of which it is deficient, and if, within a period of not less than 14 days from the date of the service of the notice, the caveat is not rectified, it is deemed to have been withdrawn.
(4) The Registrar must cancel the entry of the notification of a caveat mentioned in subsection (3) in the Caveat Index or the land‑register, as the case may be.
(5) The Registrar need not be concerned to consider whether or not a caveator’s claim is justified.[8/2014]
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 an application for cancellation of a caution, the Registrar may, before giving effect to the application, require the applicant to get in, or otherwise to dispose of, the interest claimed under any inconsistent caveat.
—(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 an application for cancellation of a caution, the Registrar may, before giving effect to the application, require the applicant to get in, or otherwise to dispose of, the interest claimed under any inconsistent caveat.
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 operate to prohibit the registration of dealings affecting that land until it becomes registered land.[8/2014]
(3) For the purposes of according priority to a caveat which has been lodged under the provisions of this Act and is amended subsequent to its date of lodgment —(a)
where it is materially amended subsequent to its date of notification in the Caveat Index before the land becomes registered land, the caveat has priority in accordance with section 48 upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117; or
(b)
where it is materially amended at any time after its lodgment against the relevant folio, the caveat has priority upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117.
(4) Except as otherwise provided for in section 129(1), the Registrar must not register any dealing which is prohibited by the caveat for so long as the caveat remains effective.[8/2014]
—(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 operate to prohibit the registration of dealings affecting that land until it becomes registered land.[8/2014]
(3) For the purposes of according priority to a caveat which has been lodged under the provisions of this Act and is amended subsequent to its date of lodgment —(a)
where it is materially amended subsequent to its date of notification in the Caveat Index before the land becomes registered land, the caveat has priority in accordance with section 48 upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117; or
(b)
where it is materially amended at any time after its lodgment against the relevant folio, the caveat has priority upon the acceptance of the amendment by the Registrar as having complied with the requirements specified by the Registrar under section 117.
(4) Except as otherwise provided for in section 129(1), the Registrar must not register any dealing which is prohibited by the caveat for so long as the caveat remains effective.[8/2014]
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 register the dealing unless within the period of 30 days —(a)
an order has been obtained from the court extending the operation of the caveat for such further period as may be specified in the order or for such further periods as may be specified in subsequent orders made by the court and the order or a duly certified copy thereof is served on the Registrar; or
(b)
the dealing has been uplifted or withdrawn or otherwise becomes incapable of registration.[8/2014]
(2) For the purpose of this section, a dealing is not deemed to have been lodged for registration until (except for the presence of a caveat) it is in order for registration.
(3) Where, after the service of the notice under subsection (1), the dealing to which the notice relates is uplifted, or withdrawn, or otherwise becomes incapable of registration, the effect of the notice is cancelled and the caveat is restored to its former efficacy.
—(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 register the dealing unless within the period of 30 days —(a)
an order has been obtained from the court extending the operation of the caveat for such further period as may be specified in the order or for such further periods as may be specified in subsequent orders made by the court and the order or a duly certified copy thereof is served on the Registrar; or
(b)
the dealing has been uplifted or withdrawn or otherwise becomes incapable of registration.[8/2014]
(2) For the purpose of this section, a dealing is not deemed to have been lodged for registration until (except for the presence of a caveat) it is in order for registration.
(3) Where, after the service of the notice under subsection (1), the dealing to which the notice relates is uplifted, or withdrawn, or otherwise becomes incapable of registration, the effect of the notice is cancelled and the caveat is restored to its former efficacy.
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, or where an extension is validly claimed under section 122, at the expiration of each further 5‑year period mentioned in section 122.
(2) Where a dealing in favour of the caveator is lodged and accepted by the Registrar, and the caveator states either personally or by the caveator’s solicitor or attorney that the interest in the land affected under the dealing is similar to that in the caveat, the dealing may be registered by the Registrar, and upon its registration, the related caveat lapses and ceases to have any effect.
(3) Despite the absence of any statement made by the caveator or by the caveator’s solicitor or attorney that the caveator’s interest is similar to that affected under the dealing as provided in subsection (2), the Registrar may register the dealing under the following circumstances:(a)
in the case of a dealing disposing of an estate or interest in land — if the Registrar is satisfied that the estate or interest to which the caveator claims to be entitled would, on the dealing being registered, vest wholly in the caveator;
(b)
in the case of an instrument of mortgage or charge — if the Registrar is satisfied that the estate or interest which the caveator claims as mortgagee or chargee is one and the same interest mortgaged or charged in the instrument of mortgage or charge and the caveator may be registered as the mortgagee or chargee.[8/2014]
(4) Where, after effecting service of a notice of the intention to register a dealing in accordance with section 120(1), the Registrar registers the dealing that does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates or exhaust the intended functions of the caveat, the caveat is deemed to have lapsed only to the extent necessary to permit the registration.
(5) Where a caveat has lapsed either wholly or partially, the Registrar must enter in the Caveat Index or the land‑register (as the case may be) an appropriate notification of the lapsing.
(6) The lapsing of a caveat under subsection (1) does not prevent the lodgment of a fresh caveat in respect of the same matter.
(7) Where a caveat has lapsed under subsection (1)(a), any further caveat lodged in respect of the same estate or interest in land claimed under that lapsed caveat and purporting to be based on the same facts as the lapsed caveat (other than a fresh caveat lodged against any person except the caveatee named in the lapsed caveat) has no effect unless the caveator has obtained permission of the court to lodge the further caveat, and that order or a duly certified copy of that order has to accompany the further caveat when it is lodged with the Registrar.[8/2014]
[Act 25 of 2021 wef 01/04/2022]
(8) The Registrar need not be concerned with the validity of the further caveat mentioned in subsection (7) and if such further caveat is lodged without being accompanied by the order as mentioned in that subsection, the caveator is liable to pay compensation to any person who sustains pecuniary loss that is attributable to such an act or omission in complying with that subsection.
(9) Subsection (1)(b) also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.
(10) The Registrar may, after registering the dealing under subsection (3)(a) or (b), cancel the caveat.
—(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, or where an extension is validly claimed under section 122, at the expiration of each further 5‑year period mentioned in section 122.
(2) Where a dealing in favour of the caveator is lodged and accepted by the Registrar, and the caveator states either personally or by the caveator’s solicitor or attorney that the interest in the land affected under the dealing is similar to that in the caveat, the dealing may be registered by the Registrar, and upon its registration, the related caveat lapses and ceases to have any effect.
(3) Despite the absence of any statement made by the caveator or by the caveator’s solicitor or attorney that the caveator’s interest is similar to that affected under the dealing as provided in subsection (2), the Registrar may register the dealing under the following circumstances:(a)
in the case of a dealing disposing of an estate or interest in land — if the Registrar is satisfied that the estate or interest to which the caveator claims to be entitled would, on the dealing being registered, vest wholly in the caveator;
(b)
in the case of an instrument of mortgage or charge — if the Registrar is satisfied that the estate or interest which the caveator claims as mortgagee or chargee is one and the same interest mortgaged or charged in the instrument of mortgage or charge and the caveator may be registered as the mortgagee or chargee.[8/2014]
(4) Where, after effecting service of a notice of the intention to register a dealing in accordance with section 120(1), the Registrar registers the dealing that does not completely dispose of the estate of the registered proprietor in the land to which the caveat relates or exhaust the intended functions of the caveat, the caveat is deemed to have lapsed only to the extent necessary to permit the registration.
(5) Where a caveat has lapsed either wholly or partially, the Registrar must enter in the Caveat Index or the land‑register (as the case may be) an appropriate notification of the lapsing.
(6) The lapsing of a caveat under subsection (1) does not prevent the lodgment of a fresh caveat in respect of the same matter.
(7) Where a caveat has lapsed under subsection (1)(a), any further caveat lodged in respect of the same estate or interest in land claimed under that lapsed caveat and purporting to be based on the same facts as the lapsed caveat (other than a fresh caveat lodged against any person except the caveatee named in the lapsed caveat) has no effect unless the caveator has obtained permission of the court to lodge the further caveat, and that order or a duly certified copy of that order has to accompany the further caveat when it is lodged with the Registrar.[8/2014]
[Act 25 of 2021 wef 01/04/2022]
(8) The Registrar need not be concerned with the validity of the further caveat mentioned in subsection (7) and if such further caveat is lodged without being accompanied by the order as mentioned in that subsection, the caveator is liable to pay compensation to any person who sustains pecuniary loss that is attributable to such an act or omission in complying with that subsection.
(9) Subsection (1)(b) also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.
(10) The Registrar may, after registering the dealing under subsection (3)(a) or (b), cancel the caveat.
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 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 land‑register; or
(b)
where more than one extension of caveat has been lodged and notified on the land‑register before the expiration 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, 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.
(2) Where an extension of caveat mentioned in subsection (1) is accepted for notification in the land‑register, the Registrar must make an appropriate notification showing clearly the relationship between the extension of caveat and the caveat affected.
(3) The Registrar must not accept an extension of caveat for the purpose of extending the period of validity of a prior caveat unless the nature of the claim in the extension of caveat is the same as that disclosed in the caveat.
(4) The Registrar need not be concerned to consider or enquire into the validity of each claim except to satisfy himself or herself that the claim expressed in each extension of caveat is similar to that expressed in the immediately prior caveat.
(5) This section also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.
(6) Where an extension of caveat is accepted for notification on the land-register, the Registrar must notify the caveatee.
—(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 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 land‑register; or
(b)
where more than one extension of caveat has been lodged and notified on the land‑register before the expiration 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, 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.
(2) Where an extension of caveat mentioned in subsection (1) is accepted for notification in the land‑register, the Registrar must make an appropriate notification showing clearly the relationship between the extension of caveat and the caveat affected.
(3) The Registrar must not accept an extension of caveat for the purpose of extending the period of validity of a prior caveat unless the nature of the claim in the extension of caveat is the same as that disclosed in the caveat.
(4) The Registrar need not be concerned to consider or enquire into the validity of each claim except to satisfy himself or herself that the claim expressed in each extension of caveat is similar to that expressed in the immediately prior caveat.
(5) This section also applies to a caveat which relates to land not brought under the provisions of this Act and was lodged and entered in the Caveat Index under sections 116 and 117.
(6) Where an extension of caveat is accepted for notification on the land-register, the Registrar must notify the caveatee.
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 served on the caveator personally;
(b)
the notice is left at or sent by registered post to —(i)
the address specified in the caveat;
(ii)
where an address has been notified to the Registrar in respect of the caveat under subsection (2), that address or, if more than one address has been notified in respect of the caveat under that subsection, the last of the addresses so notified;
(c)
if the caveat was signed on behalf of the caveator by an agent other than a solicitor, the notice is left at or sent by registered post to the business or residential address in Singapore of that agent;
(d)
if the caveat was signed on behalf of the caveator by a solicitor, the notice is left or sent by registered post to the office of the solicitor in Singapore;
(e)
the notice is served in any other manner, whether by advertisement or otherwise, as the Registrar may direct in writing.[8/2014]
(2) A person entitled to withdraw a caveat lodged under this Part may, at any time before the caveat is withdrawn, notify the Registrar —(a)
using the approved form, of a change in the name of the caveator specified in the caveat; or
(b)
in writing, of a change in the address specified in the caveat for service of notices,
whereupon the Registrar must record the change of name or address on the folio or in any other manner which the Registrar may direct.
[8/2014]
—(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 served on the caveator personally;
(b)
the notice is left at or sent by registered post to —(i)
the address specified in the caveat;
(ii)
where an address has been notified to the Registrar in respect of the caveat under subsection (2), that address or, if more than one address has been notified in respect of the caveat under that subsection, the last of the addresses so notified;
(c)
if the caveat was signed on behalf of the caveator by an agent other than a solicitor, the notice is left at or sent by registered post to the business or residential address in Singapore of that agent;
(d)
if the caveat was signed on behalf of the caveator by a solicitor, the notice is left or sent by registered post to the office of the solicitor in Singapore;
(e)
the notice is served in any other manner, whether by advertisement or otherwise, as the Registrar may direct in writing.[8/2014]
(2) A person entitled to withdraw a caveat lodged under this Part may, at any time before the caveat is withdrawn, notify the Registrar —(a)
using the approved form, of a change in the name of the caveator specified in the caveat; or
(b)
in writing, of a change in the address specified in the caveat for service of notices,
whereupon the Registrar must record the change of name or address on the folio or in any other manner which the Registrar may direct.
[8/2014]
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 the costs of the caveatee;
(b)
direct the Registrar to delay registering any instrument dealing with the land, mortgage or encumbrance during the time the order of the court provides;
(c)
direct the caveator to take further proceedings by action or otherwise on the caveator’s caveat; or
(d)
make any other order considered just.
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.
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, by his or her personal representative or the trustee of the caveator’s estate;
(c)
where 2 or more caveators claim to be entitled as joint tenants to the estate or interest protected by the caveat and one or more (but not all) of them has died, by the surviving caveator or caveators;
(d)
where the caveator is adjudicated a bankrupt, by the Official Assignee; or where the caveator is a corporation or a limited liability partnership and is in liquidation, and the estate or interest claimed by the caveator has become vested in the liquidator, by the liquidator;
(e)
where the caveator lacks capacity within the meaning of the Mental Capacity Act 2008 —(i)
by a donee of a lasting power of attorney which is granted by the caveator under the Mental Capacity Act 2008, and under which the caveator confers on the donee authority to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or
(ii)
by a deputy who is appointed or deemed to be appointed for the caveator by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or
(f)
by the solicitor acting for any of the persons mentioned in paragraphs (b), (c), (d) or (e).[21/2008; 8/2014; 16/2016]
(2) The Registrar need not be concerned to satisfy himself or herself whether or not a solicitor who signs an instrument of a withdrawal of a caveat as solicitor for the caveator or for the person mentioned in subsection (1)(b), (c), (d) or (e) has the authority to withdraw the caveat.
(3) An instrument of withdrawal of a caveat, which is lodged with and accepted as being in order by the Registrar, takes effect from the date of the notification in the records maintained by the Registrar, either as notified in the Caveat Index or the land‑register, as the case may be.
—(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, by his or her personal representative or the trustee of the caveator’s estate;
(c)
where 2 or more caveators claim to be entitled as joint tenants to the estate or interest protected by the caveat and one or more (but not all) of them has died, by the surviving caveator or caveators;
(d)
where the caveator is adjudicated a bankrupt, by the Official Assignee; or where the caveator is a corporation or a limited liability partnership and is in liquidation, and the estate or interest claimed by the caveator has become vested in the liquidator, by the liquidator;
(e)
where the caveator lacks capacity within the meaning of the Mental Capacity Act 2008 —(i)
by a donee of a lasting power of attorney which is granted by the caveator under the Mental Capacity Act 2008, and under which the caveator confers on the donee authority to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or
(ii)
by a deputy who is appointed or deemed to be appointed for the caveator by the court under the Mental Capacity Act 2008, and who is conferred power to make decisions in relation to the management and care of the estate or interest claimed in the caveat; or
(f)
by the solicitor acting for any of the persons mentioned in paragraphs (b), (c), (d) or (e).[21/2008; 8/2014; 16/2016]
(2) The Registrar need not be concerned to satisfy himself or herself whether or not a solicitor who signs an instrument of a withdrawal of a caveat as solicitor for the caveator or for the person mentioned in subsection (1)(b), (c), (d) or (e) has the authority to withdraw the caveat.
(3) An instrument of withdrawal of a caveat, which is lodged with and accepted as being in order by the Registrar, takes effect from the date of the notification in the records maintained by the Registrar, either as notified in the Caveat Index or the land‑register, as the case may be.
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 25 of 2021 wef 01/04/2022]
(2) A caveatee who contends that a caveat has been lodged, or is being allowed to remain, vexatiously or frivolously or not in good faith, may lodge with the Registrar an application to that effect, whereupon the Registrar must give notice to the caveator that he or she intends to cancel the notification of the caveat, and the Registrar must cancel it unless within 30 days from the date of the service of the notice an order by the court to the contrary is served on the Registrar.[8/2014]
(3) In any case in which the Registrar, after giving the notice under subsection (2) to the caveator, does not cancel the notification of a caveat under this section, the Registrar must inform the caveatee that the Registrar has withdrawn or extended the time of the notice of intended cancellation, as the case may be.
(4) A caveator who has been given notice under subsection (2) may, at any time during the currency of the notice, apply to the court for relief, and the court may make such order in the premises as seems just.
(5) Subsections (2), (3) and (4) apply only to caveats affecting registered land.
(6) For the purposes of this section, a person claiming an estate or interest in the land under another caveat is deemed to be a caveatee.
—(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 25 of 2021 wef 01/04/2022]
(2) A caveatee who contends that a caveat has been lodged, or is being allowed to remain, vexatiously or frivolously or not in good faith, may lodge with the Registrar an application to that effect, whereupon the Registrar must give notice to the caveator that he or she intends to cancel the notification of the caveat, and the Registrar must cancel it unless within 30 days from the date of the service of the notice an order by the court to the contrary is served on the Registrar.[8/2014]
(3) In any case in which the Registrar, after giving the notice under subsection (2) to the caveator, does not cancel the notification of a caveat under this section, the Registrar must inform the caveatee that the Registrar has withdrawn or extended the time of the notice of intended cancellation, as the case may be.
(4) A caveator who has been given notice under subsection (2) may, at any time during the currency of the notice, apply to the court for relief, and the court may make such order in the premises as seems just.
(5) Subsections (2), (3) and (4) apply only to caveats affecting registered land.
(6) For the purposes of this section, a person claiming an estate or interest in the land under another caveat is deemed to be a caveatee.
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 any person who sustains pecuniary loss that is attributable to an act, a refusal or a failure referred to in paragraph (a), (b) or (c).
(2) The compensation mentioned in subsection (1) is recoverable in proceedings taken in a court by the person who claims to have sustained the pecuniary loss.
(3) A person who is a caveator is not entitled to bring proceedings under subsection (1)(b) if that person, having had an opportunity to do so, has failed to take all reasonable steps to prevent the caveat from lapsing.
(4) For the purposes of this section, a caveator is deemed to allow a caveat to remain without reasonable cause if the caveator fails to withdraw it within 7 days of the day on which the caveator’s right to the interest claimed terminates.
—(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 any person who sustains pecuniary loss that is attributable to an act, a refusal or a failure referred to in paragraph (a), (b) or (c).
(2) The compensation mentioned in subsection (1) is recoverable in proceedings taken in a court by the person who claims to have sustained the pecuniary loss.
(3) A person who is a caveator is not entitled to bring proceedings under subsection (1)(b) if that person, having had an opportunity to do so, has failed to take all reasonable steps to prevent the caveat from lapsing.
(4) For the purposes of this section, a caveator is deemed to allow a caveat to remain without reasonable cause if the caveator fails to withdraw it within 7 days of the day on which the caveator’s right to the interest claimed terminates.
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]
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 another caveator or any party to an action or suit in which the court orders the withdrawal or removal of a caveat or in which it declines to extend the currency of a caveat from lodging another caveat in the same matter.[8/2014]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
