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 act or thing to be done on land,
under the provisions of any written law or regulations made thereunder, and which is intended to bind successive owners of the land.
(2) A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the approved form.
(3) The Registrar must give effect to the statutory obligation by entering a notification of the particulars thereof on the relevant folio or other document of title claimed to be affected by the statutory obligation, and on the document of title if produced for that purpose.[8/2014]
(4) The notification of an instrument of statutory obligation does not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.
(5) Nothing in this section affects the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.
(6) A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $500 or 10% of the value of the land on which it is charged.
(7) Where any money due under a statutory obligation is in arrears, there may be added to the amount due the costs of notification of an instrument of statutory obligation.
(8) This section does not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made under section 172.
—(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 act or thing to be done on land,
under the provisions of any written law or regulations made thereunder, and which is intended to bind successive owners of the land.
(2) A statutory obligation intended to affect registered land may be notified by lodging with the Registrar an instrument of statutory obligation in the approved form.
(3) The Registrar must give effect to the statutory obligation by entering a notification of the particulars thereof on the relevant folio or other document of title claimed to be affected by the statutory obligation, and on the document of title if produced for that purpose.[8/2014]
(4) The notification of an instrument of statutory obligation does not give the statutory obligation any greater operation or effect than it would have had without such notification, nor any greater effect than is claimed for it in the instrument.
(5) Nothing in this section affects the personal liability of the proprietor of land affected by a statutory obligation at the time when the liability was first incurred or the statutory obligation first attached.
(6) A statutory obligation relating to a rate or tax may not be notified under this section unless the amount due exceeds the sum of $500 or 10% of the value of the land on which it is charged.
(7) Where any money due under a statutory obligation is in arrears, there may be added to the amount due the costs of notification of an instrument of statutory obligation.
(8) This section does not apply to any statutory obligation or class of statutory obligations which may from time to time be exempted from its application by rules made under section 172.
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 purchase or agreement, an instrument of acquisition in the approved form, executed by that authority or by an officer appointed by the authority in that behalf, may be lodged with the Registrar.[8/2014]
(3) The Registrar need not be concerned to inquire into the regularity or validity of the acquisition, but upon registration thereof the estate or interest acquired vests in the public authority according to the tenor of the instrument of acquisition.
(4) On registration of an instrument of acquisition, the Registrar must cancel the registration of all encumbrances including any mortgage, charge or lease thereby overreached and must, if so requested, cancel the folio (and the certificate of title thereof if produced for that purpose) and must create a new folio for the estate or interest not affected by the acquisition.
(5) Whenever a public authority that has become the proprietor of registered land so requests, the Registrar must endorse on the relevant folio a notification to the effect that the land has become vested in the Government as State land, and has ceased to be subject to the provisions of this Act.
—(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 purchase or agreement, an instrument of acquisition in the approved form, executed by that authority or by an officer appointed by the authority in that behalf, may be lodged with the Registrar.[8/2014]
(3) The Registrar need not be concerned to inquire into the regularity or validity of the acquisition, but upon registration thereof the estate or interest acquired vests in the public authority according to the tenor of the instrument of acquisition.
(4) On registration of an instrument of acquisition, the Registrar must cancel the registration of all encumbrances including any mortgage, charge or lease thereby overreached and must, if so requested, cancel the folio (and the certificate of title thereof if produced for that purpose) and must create a new folio for the estate or interest not affected by the acquisition.
(5) Whenever a public authority that has become the proprietor of registered land so requests, the Registrar must endorse on the relevant folio a notification to the effect that the land has become vested in the Government as State land, and has ceased to be subject to the provisions of this Act.
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 nor the Registrar need be concerned to inquire whether the provisions of the relevant Act relating to the sale or transfer have been complied with, nor otherwise to inquire into the regularity or validity of the sale or transfer.
(2) Upon registration of that transfer, the land vests in the transferee for the estate therein set forth, freed and discharged from all trusts, obligations, estates, interests, charges and rates that have not been entered in the memorandum of prior encumbrances in the transfer, but subject to any subsisting exceptions, reservations, covenants and conditions contained or implied in the State title.[8/2014]
(3) Where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and must create a new folio in favour of the transferee.
(4) Section 14(1), (2) and (4) of the Land Revenue Collection Act 1940 does not apply to transfers pursuant to this section.
—(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 nor the Registrar need be concerned to inquire whether the provisions of the relevant Act relating to the sale or transfer have been complied with, nor otherwise to inquire into the regularity or validity of the sale or transfer.
(2) Upon registration of that transfer, the land vests in the transferee for the estate therein set forth, freed and discharged from all trusts, obligations, estates, interests, charges and rates that have not been entered in the memorandum of prior encumbrances in the transfer, but subject to any subsisting exceptions, reservations, covenants and conditions contained or implied in the State title.[8/2014]
(3) Where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and must create a new folio in favour of the transferee.
(4) Section 14(1), (2) and (4) of the Land Revenue Collection Act 1940 does not apply to transfers pursuant to this section.
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 application by that person and upon such evidence as the Registrar considers sufficient, enter in the land‑register a memorial of registration of the vesting.(2) This section does not apply to any vesting for the registration of which express provision is made by this Act.
(3) Despite subsection (1), where a certificate of approval has been issued under section 14A of the Banking Act 1970 effecting a bank merger, the Registrar must, upon application in an approved form by the bank issued with the certificate of approval and accompanied by such evidence as the Registrar considers sufficient, enter in the land‑register a notification of the vesting of the mortgages transferred to that bank under the provisions of the Second Schedule to the Banking Act 1970.[8/2014]
—(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 application by that person and upon such evidence as the Registrar considers sufficient, enter in the land‑register a memorial of registration of the vesting.
(2) This section does not apply to any vesting for the registration of which express provision is made by this Act.
(3) Despite subsection (1), where a certificate of approval has been issued under section 14A of the Banking Act 1970 effecting a bank merger, the Registrar must, upon application in an approved form by the bank issued with the certificate of approval and accompanied by such evidence as the Registrar considers sufficient, enter in the land‑register a notification of the vesting of the mortgages transferred to that bank under the provisions of the Second Schedule to the Banking Act 1970.[8/2014]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
