Alienation by State
8.—(1) Where at any time, whether before or after 1 March 1994, the State alienates or has alienated —(a)
an estate in fee simple;
(b)
an estate in perpetuity; or
(c)
a leasehold estate,
in any land, the Collector must furnish to the Registrar such particulars of the alienation in such manner as may be required by the Registrar to enable the Registrar to bring the land under the provisions of this Act by creating one or more folios for that land.
(2) Any land brought under the provisions of this Act under subsection (1) is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the relevant State title.
(3) Pending the issue of a State title, the land brought under the provisions of this Act under this section is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the State title executed in escrow by the grantee or lessee of the land.
(4) Where any land has been brought under the provisions of this Act pursuant to any certificate issued by the Collector before 1 March 1994, the Collector must upon the issue of the relevant State title deliver the full particulars of the State title to the Registrar who must create a new edition of the relevant folio or make necessary alterations to the land‑register to show the particulars of the State title and the boundaries and dimensions of the land and indicate whether the boundaries and dimensions are conclusive.
—(1) Where at any time, whether before or after 1 March 1994, the State alienates or has alienated —(a)
an estate in fee simple;
(b)
an estate in perpetuity; or
(c)
a leasehold estate,
in any land, the Collector must furnish to the Registrar such particulars of the alienation in such manner as may be required by the Registrar to enable the Registrar to bring the land under the provisions of this Act by creating one or more folios for that land.
(2) Any land brought under the provisions of this Act under subsection (1) is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the relevant State title.
(3) Pending the issue of a State title, the land brought under the provisions of this Act under this section is held subject to such exceptions, reservations, covenants and conditions expressed or implied by law in the State title executed in escrow by the grantee or lessee of the land.
(4) Where any land has been brought under the provisions of this Act pursuant to any certificate issued by the Collector before 1 March 1994, the Collector must upon the issue of the relevant State title deliver the full particulars of the State title to the Registrar who must create a new edition of the relevant folio or make necessary alterations to the land‑register to show the particulars of the State title and the boundaries and dimensions of the land and indicate whether the boundaries and dimensions are conclusive.
Surrender and reissue of title to land
9.—(1) Where the President agrees to accept the surrender of the title to land (whether registered or unregistered, and whether of the same or different tenure), for the reissue of one or more fresh State titles of one type of tenure, the President may accept the surrender of title to land, subject to all or any of the following:(a)
any subsisting mortgage with the consent of the mortgagee, the Collector, and the Registrar of Deeds or the Registrar, as the case may be;
(b)
any subsisting statutory charge in favour of the Central Provident Fund Board or any caveat notified under this Act or registered under the Registration of Deeds Act 1988 with the consent of the Collector, and the Registrar of Deeds or the Registrar, as the case may be.[8/2014]
(2) Upon the acceptance by the President under subsection (1), the surrender may be lodged with the Registry of Deeds or Land Titles Registry, as the case may be.[8/2014]
(3) The fresh State title or titles in respect of the whole or part of the land surrendered may be issued by the President only when the Registrar of Deeds or the Registrar (as the case may be) has notified the Collector that the surrender has been finally registered.[8/2014]
(4) Upon the creation of one or more folios for the land, the Registrar must, where applicable, notify any subsisting mortgage, statutory charge or caveat mentioned in subsection (1)(a) and (b), and cancel the previously existing folio or folios for the land.[8/2014]
(5) Any subsisting mortgage, statutory charge or caveat mentioned in subsection (4) and notified on one or more folios for the land comprised in the fresh State title or titles issued by the President is deemed to be registered or notified against the estate and interest of the proprietor of land in whose name the folio or folios are issued.[8/2014]
—(1) Where the President agrees to accept the surrender of the title to land (whether registered or unregistered, and whether of the same or different tenure), for the reissue of one or more fresh State titles of one type of tenure, the President may accept the surrender of title to land, subject to all or any of the following:(a)
any subsisting mortgage with the consent of the mortgagee, the Collector, and the Registrar of Deeds or the Registrar, as the case may be;
(b)
any subsisting statutory charge in favour of the Central Provident Fund Board or any caveat notified under this Act or registered under the Registration of Deeds Act 1988 with the consent of the Collector, and the Registrar of Deeds or the Registrar, as the case may be.[8/2014]
(2) Upon the acceptance by the President under subsection (1), the surrender may be lodged with the Registry of Deeds or Land Titles Registry, as the case may be.[8/2014]
(3) The fresh State title or titles in respect of the whole or part of the land surrendered may be issued by the President only when the Registrar of Deeds or the Registrar (as the case may be) has notified the Collector that the surrender has been finally registered.[8/2014]
(4) Upon the creation of one or more folios for the land, the Registrar must, where applicable, notify any subsisting mortgage, statutory charge or caveat mentioned in subsection (1)(a) and (b), and cancel the previously existing folio or folios for the land.[8/2014]
(5) Any subsisting mortgage, statutory charge or caveat mentioned in subsection (4) and notified on one or more folios for the land comprised in the fresh State title or titles issued by the President is deemed to be registered or notified against the estate and interest of the proprietor of land in whose name the folio or folios are issued.[8/2014]
Restriction on registration or notification of assurance, instrument or caveat pending issue of fresh State title
12. After the surrender of the title to land is lodged with the Registry of Deeds or the Land Titles Registry (as the case may be) under section 9, and pending the issuance of a fresh State title or titles by the President —(a)
except for a discharge of a statutory charge in favour of the Central Provident Fund Board or a withdrawal of a subsisting caveat registered under the Registration of Deeds Act 1988 —(i)
no assurance or caveat in respect of the unregistered land surrendered is capable of being registered under the provisions of that Act; and
(ii)
where such assurance or caveat has been registered, the Registrar of Deeds has the power to cancel the registration of such assurance or caveat and any entries relating thereto from the records kept by the Registry of Deeds; and
(b)
except for a discharge of a statutory charge in favour of the Central Provident Fund Board or an extension or withdrawal of a subsisting caveat notified under this Act —(i)
no dealing or caveat in respect of the registered land surrendered is capable of being registered or notified under the provisions of this Act; and
(ii)
where such dealing or caveat has been registered or notified, the Registrar has the power to cancel the registration or notification of such dealing or caveat and any entries relating thereto from the records kept by the Land Titles Registry.[8/2014]
Collector to furnish Registrar with particulars of fresh State title
13.—(1) Where at the time of the lodgment of any surrender of the title to land under section 9, the land is subject to any subsisting mortgage, statutory charge or caveat, the fresh State title or titles to be issued by the President under section 9 must be endorsed with a statement by the Collector that the fresh State title or titles are subject to any subsisting mortgage, statutory charge or caveat mentioned in that section.[8/2014]
(2) Upon the issue of the fresh State title by the President for the land surrendered under section 9, the Collector must furnish to the Registrar such particulars of the fresh State title in such manner as may be required by the Registrar to enable the Registrar —(a)
to bring the land under the provisions of this Act by creating one or more new folios for the land; and
(b)
to notify the subsisting mortgage, statutory charge or caveat on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land.[8/2014]
(3) Section 27(5) and (6) applies, with the necessary modifications, to the mortgage, statutory charge or caveat notified on the relevant folio under subsection (2).
—(1) Where at the time of the lodgment of any surrender of the title to land under section 9, the land is subject to any subsisting mortgage, statutory charge or caveat, the fresh State title or titles to be issued by the President under section 9 must be endorsed with a statement by the Collector that the fresh State title or titles are subject to any subsisting mortgage, statutory charge or caveat mentioned in that section.[8/2014]
(2) Upon the issue of the fresh State title by the President for the land surrendered under section 9, the Collector must furnish to the Registrar such particulars of the fresh State title in such manner as may be required by the Registrar to enable the Registrar —(a)
to bring the land under the provisions of this Act by creating one or more new folios for the land; and
(b)
to notify the subsisting mortgage, statutory charge or caveat on the relevant folio or folios and, where applicable, cancel the previously existing folio or folios for the land.[8/2014]
(3) Section 27(5) and (6) applies, with the necessary modifications, to the mortgage, statutory charge or caveat notified on the relevant folio under subsection (2).
Power of Registrar of Deeds to refuse registration of assurances
14. Where an assurance which requires the prior written consent of either the Collector or the Registrar or both of them (as the case may be) has been made without the endorsement of his or her or their written consent thereon —(a)
the Registrar of Deeds must not accept that assurance for registration or, in the case where that assurance has been registered under the provisions of the Registration of Deeds Act 1988, must cancel the registration of that assurance and any entries relating thereto; and
(b)
the Collector must disregard that assurance and may issue one or more fresh State titles as if that assurance had not been made.[8/2014]
Application of section 8
15.—(1) Section 8(2) and (3) applies to any land brought under the provisions of this Act pursuant to the issue of fresh State title after the surrender of an existing title.[8/2014]
(2) Section 8(4) applies to any land brought under the provisions of this Act pursuant to the surrender of an existing title and the issue of a certificate by the Collector before 1 March 1994.
—(1) Section 8(2) and (3) applies to any land brought under the provisions of this Act pursuant to the issue of fresh State title after the surrender of an existing title.[8/2014]
(2) Section 8(4) applies to any land brought under the provisions of this Act pursuant to the surrender of an existing title and the issue of a certificate by the Collector before 1 March 1994.
Registrar to make an entry on folio as to conclusiveness of boundaries, etc.
16.—(1) Where any land alienated by the President is brought under the provisions of this Act and a folio has been created for the land, the Registrar must —(a)
where the boundaries and dimensions as shown in the plan filed with and approved by the Chief Surveyor are inconclusive, make an entry in the folio to show —(i)
that the boundaries and dimensions are inconclusive; and
(ii)
the reference number of the plan; or
(b)
where in the plan filed with and approved by the Chief Surveyor the boundaries and dimensions have been approved as conclusive, make an entry in the folio of the reference number of the plan.
(2) Where the Registrar has entered a caution on the folio created for the land as to the inconclusiveness of its boundaries and dimensions under subsection (1), the Registrar must cancel that caution when the boundaries and dimensions shown in the plan filed with the Chief Surveyor have been approved as conclusive by the Chief Surveyor.
(3) Upon the cancellation of the caution mentioned in subsection (2), the Registrar must make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions.
—(1) Where any land alienated by the President is brought under the provisions of this Act and a folio has been created for the land, the Registrar must —(a)
where the boundaries and dimensions as shown in the plan filed with and approved by the Chief Surveyor are inconclusive, make an entry in the folio to show —(i)
that the boundaries and dimensions are inconclusive; and
(ii)
the reference number of the plan; or
(b)
where in the plan filed with and approved by the Chief Surveyor the boundaries and dimensions have been approved as conclusive, make an entry in the folio of the reference number of the plan.
(2) Where the Registrar has entered a caution on the folio created for the land as to the inconclusiveness of its boundaries and dimensions under subsection (1), the Registrar must cancel that caution when the boundaries and dimensions shown in the plan filed with the Chief Surveyor have been approved as conclusive by the Chief Surveyor.
(3) Upon the cancellation of the caution mentioned in subsection (2), the Registrar must make the appropriate entry on the folio as to the conclusiveness of the boundaries and dimensions.
Priority of interests protected by mortgages, statutory charges and caveats registered or notified on land‑register
17.—(1) Where any land has been surrendered to the President under section 9, with subsisting mortgages, statutory charges and caveats registered or notified on the land‑register, the priority of these mortgages, statutory charges and caveats are to be determined as follows:(a)
the priority for caveats lodged under section 115 and notified in the land‑register are to be determined in accordance with section 119; and
(b)
the priority for mortgages, statutory charges or caveats (including those registered under the Registration of Deeds Act 1988 and subsequently notified on the folio or folios when created) are to be determined in accordance with section 48.[8/2014]
(2) Where any instrument (including a mortgage, statutory charge or caveat) was materially amended pending its final registration or notification in the land‑register (as the case may be), section 48(2) applies, with the necessary modifications, to the determination of its priority in accordance with this section.
(3) The respective priorities of mortgages, statutory charges and caveats as determined in subsection (1) apply only to those mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh State title to the land or part thereof.[8/2014]
—(1) Where any land has been surrendered to the President under section 9, with subsisting mortgages, statutory charges and caveats registered or notified on the land‑register, the priority of these mortgages, statutory charges and caveats are to be determined as follows:(a)
the priority for caveats lodged under section 115 and notified in the land‑register are to be determined in accordance with section 119; and
(b)
the priority for mortgages, statutory charges or caveats (including those registered under the Registration of Deeds Act 1988 and subsequently notified on the folio or folios when created) are to be determined in accordance with section 48.[8/2014]
(2) Where any instrument (including a mortgage, statutory charge or caveat) was materially amended pending its final registration or notification in the land‑register (as the case may be), section 48(2) applies, with the necessary modifications, to the determination of its priority in accordance with this section.
(3) The respective priorities of mortgages, statutory charges and caveats as determined in subsection (1) apply only to those mortgages, statutory charges and caveats which were subsisting at the date of surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh State title to the land or part thereof.[8/2014]
Collector may refuse to accept surrender of title to land for reissue of title
18. The Collector may refuse to accept the surrender of any title to land for the reissue of title where the Collector is satisfied that the proprietor or owner of the land intended for surrender has not complied with any existing law or the lawful requirements of any Government authority.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
