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Land Titles Act 1993 PART 19 — MISCELLANEOUS

s 165–s 17612 provisions

Subdivision of registered land

s 165

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 dimensions shown in the plan lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.[37/2004] (2) Where the Registrar has created a new folio pursuant to a registration of part of the land which is not conclusive as to boundaries and dimensions, the Registrar must enter thereon a caution to that effect, and must cancel that caution when the boundaries and dimensions have been shown on the plan lodged with and approved by the Chief Surveyor. (3) No compensation is to be paid out of the assurance fund for any loss caused or occasioned by any inaccuracy of the boundaries and dimensions shown on a folio which bears a caution as is provided in subsection (2). (4) Nothing in this section prevents the entry of a caveat, nor the registration of —(a) an easement; (aa) a lease mentioned in section 4(2)(a) or (b) of the Planning Act 1998; (b) a mortgage or charge; or (c) any other instrument or class of instruments which may from time to time be prescribed.[8/2014] —(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 dimensions shown in the plan lodged with and approved by the Chief Surveyor under the Boundaries and Survey Maps Act 1998.[37/2004] (2) Where the Registrar has created a new folio pursuant to a registration of part of the land which is not conclusive as to boundaries and dimensions, the Registrar must enter thereon a caution to that effect, and must cancel that caution when the boundaries and dimensions have been shown on the plan lodged with and approved by the Chief Surveyor. (3) No compensation is to be paid out of the assurance fund for any loss caused or occasioned by any inaccuracy of the boundaries and dimensions shown on a folio which bears a caution as is provided in subsection (2). (4) Nothing in this section prevents the entry of a caveat, nor the registration of —(a) an easement; (aa) a lease mentioned in section 4(2)(a) or (b) of the Planning Act 1998; (b) a mortgage or charge; or (c) any other instrument or class of instruments which may from time to time be prescribed.[8/2014]

Trusts

s 166

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 extent of an estate or interest of which the person is a trustee.(2) The Registrar must not enter particulars of the trust except that he or she may describe the person having fiduciary capacity as a trustee in a folio or the relevant instrument but the description of a person as trustee in the folio or the instrument does not affect the operation of section 47. (3) Subject to the provisions of any caveat affecting the land, a registered proprietor of an estate or interest who is a trustee holds the estate or interest on trust for the persons and purposes to which it is applicable by virtue of the instrument creating the trust. (4) Any purchaser dealing with the registered land which is held in a fiduciary capacity need not be concerned to enquire whether a dealing of that land is within the powers of the registered proprietor and the purchaser is entitled to assume that the registered proprietor has all the powers of disposition of a beneficial owner and as the absolute proprietor of the estate or interest in question. —(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 extent of an estate or interest of which the person is a trustee. (2) The Registrar must not enter particulars of the trust except that he or she may describe the person having fiduciary capacity as a trustee in a folio or the relevant instrument but the description of a person as trustee in the folio or the instrument does not affect the operation of section 47. (3) Subject to the provisions of any caveat affecting the land, a registered proprietor of an estate or interest who is a trustee holds the estate or interest on trust for the persons and purposes to which it is applicable by virtue of the instrument creating the trust. (4) Any purchaser dealing with the registered land which is held in a fiduciary capacity need not be concerned to enquire whether a dealing of that land is within the powers of the registered proprietor and the purchaser is entitled to assume that the registered proprietor has all the powers of disposition of a beneficial owner and as the absolute proprietor of the estate or interest in question.

Exoneration of Authority and Registrar

s 167

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 land, the Registrar need not be concerned to make any inquiry or search in relation to that land which that person need not have made, nor is the Registrar affected by any notice with which that person need not have been affected.[8/2014] (2) No action or claim may be brought against the Authority, the Registrar or against the assurance fund in respect of a deprivation or loss arising out of any matter into which the Registrar is exonerated from inquiring. —(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 land, the Registrar need not be concerned to make any inquiry or search in relation to that land which that person need not have made, nor is the Registrar affected by any notice with which that person need not have been affected.[8/2014] (2) No action or claim may be brought against the Authority, the Registrar or against the assurance fund in respect of a deprivation or loss arising out of any matter into which the Registrar is exonerated from inquiring.

Fees and accounts

s 168

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.

Offences and penalties

s 169

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 any instrument or form issued by the Registrar; (b) fraudulently uses, assists in fraudulently using, or is privy to the fraudulent usage of any instrument or form purporting to be issued or authorised by the Registrar; (c) knowingly misleads or deceives any person authorised by this Act to demand explanation or information with respect to any land, or the title to any land, which is the subject of a primary application or with respect to which any instrument is proposed to be registered or notified; or (d) fraudulently removes from the Land Titles Registry any part of the land‑register or any instrument issued by the Registrar, or causes any defacement, obliteration, mutilation, or unauthorised entry or alteration to be made thereto, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 3 years or to both. [8/2014] (2) No proceeding or conviction for any act made punishable by subsection (1) affects any remedy which any person aggrieved or injured by that act may be entitled to against the person who committed the act or against the person’s estate. —(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 any instrument or form issued by the Registrar; (b) fraudulently uses, assists in fraudulently using, or is privy to the fraudulent usage of any instrument or form purporting to be issued or authorised by the Registrar; (c) knowingly misleads or deceives any person authorised by this Act to demand explanation or information with respect to any land, or the title to any land, which is the subject of a primary application or with respect to which any instrument is proposed to be registered or notified; or (d) fraudulently removes from the Land Titles Registry any part of the land‑register or any instrument issued by the Registrar, or causes any defacement, obliteration, mutilation, or unauthorised entry or alteration to be made thereto, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 3 years or to both. [8/2014] (2) No proceeding or conviction for any act made punishable by subsection (1) affects any remedy which any person aggrieved or injured by that act may be entitled to against the person who committed the act or against the person’s estate.

Composition of offences

s 170

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 the approval of the Minister, make rules to prescribe the offences which may be compounded. (3) On payment of the sum, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the funds of the Authority. —(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 the approval of the Minister, make rules to prescribe the offences which may be compounded. (3) On payment of the sum, no further proceedings are to be taken against that person in respect of the offence. (4) All sums collected under this section must be paid into the funds of the Authority.

Fees to be paid to Authority

s 171

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.

Rules

s 172

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 this Act and, in particular, the Authority, with the approval of the Minister, may make rules —(a) prescribing standard covenants and conditions for mortgages limited to the rights and obligations over the mortgaged property; and (b) prescribing the fees to be taken in the Land Titles Registry for any matter or thing done therein under this or any other Act (including any fees that may be required to be borne by solicitors themselves relating to additional work done by the Registry in relation to instruments lodged and rejected and fresh instruments or amended instruments lodged after such date of rejection), and when and by whom such fees may be dispensed with or remitted. (2) The Authority may make rules regulating the practice of the Land Titles Registry in relation to matters arising under this Act. (3) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette. —(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 this Act and, in particular, the Authority, with the approval of the Minister, may make rules —(a) prescribing standard covenants and conditions for mortgages limited to the rights and obligations over the mortgaged property; and (b) prescribing the fees to be taken in the Land Titles Registry for any matter or thing done therein under this or any other Act (including any fees that may be required to be borne by solicitors themselves relating to additional work done by the Registry in relation to instruments lodged and rejected and fresh instruments or amended instruments lodged after such date of rejection), and when and by whom such fees may be dispensed with or remitted. (2) The Authority may make rules regulating the practice of the Land Titles Registry in relation to matters arising under this Act. (3) All rules made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.

Saving of rights

s 173

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, Drainage and Coastal Protection Act 1999 and the Commissioner of Building Control by sections 27, 28, 29 and 32 of the Street Works Act 1995.[Act 8 of 2026 wef 29/05/2026]

Savings

s 174

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 other document maintained under the repealed Act continues to be maintained under the corresponding provision of this Act. (3) Insofar as any entry in a register or instrument was made or other thing whatsoever was done under any provision of the repealed Act, that entry or thing has effect as if made or done under the corresponding provision of this Act. (4) A reference to a caveat in this Act includes a reference to a caveat lodged and notified in a folio or the Caveat Index under the provisions of the repealed Act. (5) Any caveat lodged under the repealed Act may, unless it has lapsed or been removed or cancelled in accordance with the provisions of the repealed Act before 1 March 1994, be extended in accordance with the provisions of this Act. (6) Any application, instrument or caveat lodged for registration under the provisions of the repealed Act before 1 March 1994 and whose registration was not completed before that date is, where applicable, deemed to be an application, instrument or caveat lodged for registration under a corresponding provision of this Act. (7) Where at any time before 1 March 1994 a person —(a) was in adverse possession of any registered land; and (b) has lodged an application for a possessory title to the land under the provisions of the repealed Act and the application has not been withdrawn but is on that date pending in the Land Titles Registry, the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date. (8) Where at any time before 1 March 1994 a person —(a) was in adverse possession of any registered land; and (b) was entitled to lodge an application for a possessory title to the land under the provisions of the repealed Act which were in force immediately before that date, the person may, within 6 months of that date make an application to court for an order to vest the title in the person or lodge an application for a possessory title to the land and the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date. (9) Section 87 does not prevent the registration of leases for a term not exceeding 7 years which were executed before 1 March 1994 and any such lease may be registered under the provisions of the repealed Act as if those provisions were never repealed. (10) A person who, immediately before 1 March 1994, held office as the Registrar of Titles, Deputy Registrar of Titles or Assistant Registrar of Titles continues to hold such office as if he or she had been appointed under section 5. (11) Any written law or other document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring, or as including a reference, to this Act. (12) Except as expressly provided in this section, nothing in this section is to be taken as prejudicing the operation of section 16 of the Interpretation Act 1965 (which relates to the effect of repeals). —(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 other document maintained under the repealed Act continues to be maintained under the corresponding provision of this Act. (3) Insofar as any entry in a register or instrument was made or other thing whatsoever was done under any provision of the repealed Act, that entry or thing has effect as if made or done under the corresponding provision of this Act. (4) A reference to a caveat in this Act includes a reference to a caveat lodged and notified in a folio or the Caveat Index under the provisions of the repealed Act. (5) Any caveat lodged under the repealed Act may, unless it has lapsed or been removed or cancelled in accordance with the provisions of the repealed Act before 1 March 1994, be extended in accordance with the provisions of this Act. (6) Any application, instrument or caveat lodged for registration under the provisions of the repealed Act before 1 March 1994 and whose registration was not completed before that date is, where applicable, deemed to be an application, instrument or caveat lodged for registration under a corresponding provision of this Act. (7) Where at any time before 1 March 1994 a person —(a) was in adverse possession of any registered land; and (b) has lodged an application for a possessory title to the land under the provisions of the repealed Act and the application has not been withdrawn but is on that date pending in the Land Titles Registry, the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date. (8) Where at any time before 1 March 1994 a person —(a) was in adverse possession of any registered land; and (b) was entitled to lodge an application for a possessory title to the land under the provisions of the repealed Act which were in force immediately before that date, the person may, within 6 months of that date make an application to court for an order to vest the title in the person or lodge an application for a possessory title to the land and the application must be dealt with in accordance with the provisions of the repealed Act in force immediately before that date. (9) Section 87 does not prevent the registration of leases for a term not exceeding 7 years which were executed before 1 March 1994 and any such lease may be registered under the provisions of the repealed Act as if those provisions were never repealed. (10) A person who, immediately before 1 March 1994, held office as the Registrar of Titles, Deputy Registrar of Titles or Assistant Registrar of Titles continues to hold such office as if he or she had been appointed under section 5. (11) Any written law or other document referring to the repealed Act is, as far as may be necessary for preserving its effect, to be construed as referring, or as including a reference, to this Act. (12) Except as expressly provided in this section, nothing in this section is to be taken as prejudicing the operation of section 16 of the Interpretation Act 1965 (which relates to the effect of repeals).

Validation of extensions of caveats lodged under repealed Act

s 175

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 repealed Act did not provide for caveats to be extended, 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 folio or Caveat Index; or (b) where more than one extension of caveat has been lodged and notified on the folio or Caveat Index before the expiry 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 or Caveat Index, 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 or Caveat Index. (2) Subsection (1) does not apply to a caveat where an order has been made by a court before 1 March 1994 in respect of the validity or priority of the caveat. —(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 repealed Act did not provide for caveats to be extended, 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 folio or Caveat Index; or (b) where more than one extension of caveat has been lodged and notified on the folio or Caveat Index before the expiry 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 or Caveat Index, 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 or Caveat Index. (2) Subsection (1) does not apply to a caveat where an order has been made by a court before 1 March 1994 in respect of the validity or priority of the caveat.

Transitional provisions

s 176

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 August 2001.

Back to Land Titles Act 1993 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.