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 the same judgment;[Act 25 of 2021 wef 01/04/2022]
“order” includes any rule or decree of any court;
“Sheriff” includes any officer directed by a court to execute an enforcement order against land.[Act 25 of 2021 wef 01/04/2022]
[Deleted by Act 25 of 2021 wef 01/04/2022]
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 the land‑register.[Act 25 of 2021 wef 01/04/2022]
(2) An entry referred to in subsection (1) constitutes a memorial of registration within the meaning of section 37.
(3) The person seeking registration must lodge with the Registrar a duly certified copy of the enforcement order or order together with an application indicating the titles in respect of which registration is required.[8/2014]
[Act 25 of 2021 wef 01/04/2022]
(4) The registration of an enforcement order or an order enables the Sheriff or other person named therein to execute instruments registrable in accordance with this Act.[Act 25 of 2021 wef 01/04/2022]
(5) An enforcement order must not be registered unless it has been lodged for registration within 6 months of the date of its issue.[Act 25 of 2021 wef 01/04/2022]
(6) Where an enforcement order has been registered then, until its registration has been cancelled in accordance with this Act, a renewal of that enforcement order, or a second or subsequent enforcement order on the same judgment, must not be registered.[Act 25 of 2021 wef 01/04/2022]
—(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 the land‑register.[Act 25 of 2021 wef 01/04/2022]
(2) An entry referred to in subsection (1) constitutes a memorial of registration within the meaning of section 37.
(3) The person seeking registration must lodge with the Registrar a duly certified copy of the enforcement order or order together with an application indicating the titles in respect of which registration is required.[8/2014]
[Act 25 of 2021 wef 01/04/2022]
(4) The registration of an enforcement order or an order enables the Sheriff or other person named therein to execute instruments registrable in accordance with this Act.[Act 25 of 2021 wef 01/04/2022]
(5) An enforcement order must not be registered unless it has been lodged for registration within 6 months of the date of its issue.[Act 25 of 2021 wef 01/04/2022]
(6) Where an enforcement order has been registered then, until its registration has been cancelled in accordance with this Act, a renewal of that enforcement order, or a second or subsequent enforcement order on the same judgment, must not be registered.[Act 25 of 2021 wef 01/04/2022]
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 renewal of an enforcement order, or any second or subsequent enforcement order on the same judgment, must not be registered while any instrument executed by the judgment debtor is awaiting and is otherwise in order for registration.[Act 25 of 2021 wef 01/04/2022]
—(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 renewal of an enforcement order, or any second or subsequent enforcement order on the same judgment, must not be registered while any instrument executed by the judgment debtor is awaiting and is otherwise in order for registration.[Act 25 of 2021 wef 01/04/2022]
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 of 2021 wef 01/04/2022]
(2) Subsection (1) does not prevent the registration of a renewal of an enforcement order, or of a second or subsequent enforcement order issued on the same judgment.[Act 25 of 2021 wef 01/04/2022]
(3) Nothing in this Act enables a judgment creditor by a succession of enforcement orders on the same judgment to bind land for an uninterrupted period exceeding one year.[Act 25 of 2021 wef 01/04/2022]
(4) Upon the lapsing of the registration of an enforcement order, the Registrar must, on an application made by the proprietor or of anyone claiming through the proprietor in an approved form, cancel the registration of the enforcement order.[Act 25 of 2021 wef 01/04/2022]
(5) The lapsing of the registration of an enforcement order does not prevent the registration of any instrument executed pursuant thereto and lodged for registration prior to such lapsing.[Act 25 of 2021 wef 01/04/2022]
—(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 of 2021 wef 01/04/2022]
(2) Subsection (1) does not prevent the registration of a renewal of an enforcement order, or of a second or subsequent enforcement order issued on the same judgment.[Act 25 of 2021 wef 01/04/2022]
(3) Nothing in this Act enables a judgment creditor by a succession of enforcement orders on the same judgment to bind land for an uninterrupted period exceeding one year.[Act 25 of 2021 wef 01/04/2022]
(4) Upon the lapsing of the registration of an enforcement order, the Registrar must, on an application made by the proprietor or of anyone claiming through the proprietor in an approved form, cancel the registration of the enforcement order.[Act 25 of 2021 wef 01/04/2022]
(5) The lapsing of the registration of an enforcement order does not prevent the registration of any instrument executed pursuant thereto and lodged for registration prior to such lapsing.[Act 25 of 2021 wef 01/04/2022]
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 which belongs to a judgment debtor —(a)
any interest in that land purported to be created subsequent to the date of the registration of the enforcement order; and[Act 25 of 2021 wef 01/04/2022]
(b)
any interest in that land created prior to the date of the registration of the enforcement order, and not notified in the land-register nor protected by caveat at least 3 clear days before the date of the sale,
is void against a purchaser of the land at the sale in execution under the enforcement order.
[Act 25 of 2021 wef 01/04/2022]
(3) Land must not be sold in an execution under an enforcement order until the expiration of 30 days from the date of the registration of the enforcement order.[Act 25 of 2021 wef 01/04/2022]
(4) Where land is sold under this section, a transfer must be lodged in favour of the purchaser, and where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and create a new folio in favour of the transferee.[8/2014]
—(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 which belongs to a judgment debtor —(a)
any interest in that land purported to be created subsequent to the date of the registration of the enforcement order; and[Act 25 of 2021 wef 01/04/2022]
(b)
any interest in that land created prior to the date of the registration of the enforcement order, and not notified in the land-register nor protected by caveat at least 3 clear days before the date of the sale,
is void against a purchaser of the land at the sale in execution under the enforcement order.
[Act 25 of 2021 wef 01/04/2022]
(3) Land must not be sold in an execution under an enforcement order until the expiration of 30 days from the date of the registration of the enforcement order.[Act 25 of 2021 wef 01/04/2022]
(4) Where land is sold under this section, a transfer must be lodged in favour of the purchaser, and where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and create a new folio in favour of the transferee.[8/2014]
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 2021 wef 01/04/2022]
(2) Upon production to him or her of sufficient evidence of the satisfaction of an enforcement order, the Registrar must cancel the registration thereof.[Act 25 of 2021 wef 01/04/2022]
(3) Before registering a withdrawal or a satisfaction of an enforcement order, the Registrar may require evidence that the enforcement order has not been put in force.[Act 25 of 2021 wef 01/04/2022]
—(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 2021 wef 01/04/2022]
(2) Upon production to him or her of sufficient evidence of the satisfaction of an enforcement order, the Registrar must cancel the registration thereof.[Act 25 of 2021 wef 01/04/2022]
(3) Before registering a withdrawal or a satisfaction of an enforcement order, the Registrar may require evidence that the enforcement order has not been put in force.[Act 25 of 2021 wef 01/04/2022]
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 vesting.(2) After the registration of that order under section 132, any instrument so executed has effect as if it had been executed by such proprietors of the land intended to be dealt with thereunder as would be necessary to pass the registered title of the estate or interest in question.
—(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 vesting.
(2) After the registration of that order under section 132, any instrument so executed has effect as if it had been executed by such proprietors of the land intended to be dealt with thereunder as would be necessary to pass the registered title of the estate or interest in question.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
