Instruments ineffectual until registered
45.—(1) No instrument until registered as in this Act provided is effectual to pass any estate or interest in land under the provisions of this Act.(2) Upon registration of an instrument the estate or interest therein specified passes, or the land becomes liable as security for the payment of money (as the case may be), subject to the covenants and conditions set forth in the instrument and capable of taking effect, and subject to such covenants and conditions as are by law declared to be implied in instruments of a like nature.
(3) Nothing in this section is to be construed as preventing any unregistered instrument from operating as a contract.
(4) This section applies despite the provisions of any written law for the compulsory acquisition or other statutory vesting of land.
—(1) No instrument until registered as in this Act provided is effectual to pass any estate or interest in land under the provisions of this Act.
(2) Upon registration of an instrument the estate or interest therein specified passes, or the land becomes liable as security for the payment of money (as the case may be), subject to the covenants and conditions set forth in the instrument and capable of taking effect, and subject to such covenants and conditions as are by law declared to be implied in instruments of a like nature.
(3) Nothing in this section is to be construed as preventing any unregistered instrument from operating as a contract.
(4) This section applies despite the provisions of any written law for the compulsory acquisition or other statutory vesting of land.
Estate of proprietor paramount
46.—(1) Despite —(a)
the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority; and
(b)
any failure to observe the procedural requirements of this Act,
any person who becomes the proprietor of registered land, whether or not that person dealt with a proprietor, and despite any lack of good faith on the part of the person through whom that person claims, holds that land free from all encumbrances, liens, estates and interests except such as may be registered or notified in the land‑register, but subject to —
(c)
any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State title thereof;
(d)
any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any right on, above or under any land created before or after 1 March 1994 in favour of a public authority under any statute and any statutory easement implied under sections 98, 99, 101, 102 and 104 and section 10 of the State Lands Act 1920;
(e)
any statutory obligation as defined in section 142;
(f)
the power to correct errors conferred on the Registrar by section 159;
(g)
the power to rectify the land-register conferred upon the court by section 160;
(h)
the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, being a tenancy the term of which does not exceed 7 years and could not have been extended by exercise of the option of renewal to exceed an aggregate of 7 years; and
(i)
the power conferred on the court to make a declaration in respect of any transfer or an order to rectify the land‑register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any related instrument by section 24 of the Residential Property Act 1976 in respect of any residential property (the expressions “transfer” and “residential property” having the meanings given by that Act).[8/2014; 11/2015]
(2) Nothing in this section shall be held to prejudice the rights and remedies of any person —(a)
to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or that proprietor’s agent was a party or in which that proprietor or that proprietor’s agent colluded;
(b)
to enforce against a proprietor any contract to which that proprietor was a party;
(c)
to enforce against a proprietor who is a trustee the provisions of the trust;
(d)
to recover from a proprietor land acquired by him or her from a person under a legal disability which was known to the proprietor at the time of dealing; or
(e)
to recover from a proprietor land which has been unlawfully acquired by him or her in purported exercise of a statutory power or authority.
(3) Nothing in this section confers on a proprietor claiming otherwise than as a purchaser any better title than was held by the proprietor’s immediate predecessor.
(4) For the purposes of subsection (1), “public authority” includes any corporation sole or body corporate incorporated under any written law.
—(1) Despite —(a)
the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority; and
(b)
any failure to observe the procedural requirements of this Act,
any person who becomes the proprietor of registered land, whether or not that person dealt with a proprietor, and despite any lack of good faith on the part of the person through whom that person claims, holds that land free from all encumbrances, liens, estates and interests except such as may be registered or notified in the land‑register, but subject to —
(c)
any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State title thereof;
(d)
any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any right on, above or under any land created before or after 1 March 1994 in favour of a public authority under any statute and any statutory easement implied under sections 98, 99, 101, 102 and 104 and section 10 of the State Lands Act 1920;
(e)
any statutory obligation as defined in section 142;
(f)
the power to correct errors conferred on the Registrar by section 159;
(g)
the power to rectify the land-register conferred upon the court by section 160;
(h)
the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, being a tenancy the term of which does not exceed 7 years and could not have been extended by exercise of the option of renewal to exceed an aggregate of 7 years; and
(i)
the power conferred on the court to make a declaration in respect of any transfer or an order to rectify the land‑register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any related instrument by section 24 of the Residential Property Act 1976 in respect of any residential property (the expressions “transfer” and “residential property” having the meanings given by that Act).[8/2014; 11/2015]
(2) Nothing in this section shall be held to prejudice the rights and remedies of any person —(a)
to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or that proprietor’s agent was a party or in which that proprietor or that proprietor’s agent colluded;
(b)
to enforce against a proprietor any contract to which that proprietor was a party;
(c)
to enforce against a proprietor who is a trustee the provisions of the trust;
(d)
to recover from a proprietor land acquired by him or her from a person under a legal disability which was known to the proprietor at the time of dealing; or
(e)
to recover from a proprietor land which has been unlawfully acquired by him or her in purported exercise of a statutory power or authority.
(3) Nothing in this section confers on a proprietor claiming otherwise than as a purchaser any better title than was held by the proprietor’s immediate predecessor.
(4) For the purposes of subsection (1), “public authority” includes any corporation sole or body corporate incorporated under any written law.
Exoneration from effect of notice
47.—(1) Except in the case of fraud, any person dealing with a proprietor or with a person who is entitled to become a proprietor is not required and need not in any manner be concerned —(a)
to inquire or ascertain the circumstances in or the consideration for which the current proprietor or any previous proprietor is or was registered;
(b)
to see to the application of the purchase money or any part thereof; or
(c)
to be affected by notice (actual or constructive) of any trust or other unregistered interest, despite any rule of law or equity to the contrary.
(2) For the purpose of subsection (1), the knowledge that any unregistered interest is in existence is not of itself imputed as fraud.
(3) The protection afforded by this section commences at the date of the contract or other instrument evidencing such dealing.
(4) Section 15(2) and (3) of the Trustees Act 1967 does not apply to any dealing by a proprietor of registered land.
—(1) Except in the case of fraud, any person dealing with a proprietor or with a person who is entitled to become a proprietor is not required and need not in any manner be concerned —(a)
to inquire or ascertain the circumstances in or the consideration for which the current proprietor or any previous proprietor is or was registered;
(b)
to see to the application of the purchase money or any part thereof; or
(c)
to be affected by notice (actual or constructive) of any trust or other unregistered interest, despite any rule of law or equity to the contrary.
(2) For the purpose of subsection (1), the knowledge that any unregistered interest is in existence is not of itself imputed as fraud.
(3) The protection afforded by this section commences at the date of the contract or other instrument evidencing such dealing.
(4) Section 15(2) and (3) of the Trustees Act 1967 does not apply to any dealing by a proprietor of registered land.
Priority determined by order of registration
48.—(1) Except as provided in subsection (2) and section 27(6), interests appearing in the land‑register have priority according to the order of their registration or notification, irrespective of the dates of the instruments by which those interests were created or are evidenced.(2) Where an instrument was materially amended for compliance with the Registrar’s requirements, the priority of that instrument is determined by reference to the date of its rectification and acceptance as being in order for registration in the Land Titles Registry.
(3) Interests notified on the folio may include mortgages, charges (including statutory charges) and leases registered in the Registry of Deeds.[8/2014]
(4) Any interest registered or notified in the land‑register may, by an instrument of postponement in the approved form, be postponed to any other interest so registered or notified.
(5) Upon registration of an instrument of postponement, the interests of the parties concerned rank in priority in the order therein expressed except that no person holding any registered or notified interest is bound by such postponement unless the person is a party or has consented thereto.
(6) An instrument of postponement may relate to the whole or any part of the land affected by the interest postponed.
—(1) Except as provided in subsection (2) and section 27(6), interests appearing in the land‑register have priority according to the order of their registration or notification, irrespective of the dates of the instruments by which those interests were created or are evidenced.
(2) Where an instrument was materially amended for compliance with the Registrar’s requirements, the priority of that instrument is determined by reference to the date of its rectification and acceptance as being in order for registration in the Land Titles Registry.
(3) Interests notified on the folio may include mortgages, charges (including statutory charges) and leases registered in the Registry of Deeds.[8/2014]
(4) Any interest registered or notified in the land‑register may, by an instrument of postponement in the approved form, be postponed to any other interest so registered or notified.
(5) Upon registration of an instrument of postponement, the interests of the parties concerned rank in priority in the order therein expressed except that no person holding any registered or notified interest is bound by such postponement unless the person is a party or has consented thereto.
(6) An instrument of postponement may relate to the whole or any part of the land affected by the interest postponed.
Priority of unregistered interests
49.—(1) Except in the case of fraud, the entry of a caveat protecting an unregistered interest in land under the provisions of this Act gives that interest priority over any other unregistered interest not so protected at the time when the caveat was entered.(2) Knowledge of the existence of an unregistered interest which has not been protected by a caveat is not of itself imputed as fraud.
(3) For the purposes of this section, the lodgment of an instrument for registration under the provisions of this Act has the same effect as the entry, on the date of such lodgment, of a caveat protecting the interest claimed under that instrument.
(4) Nothing in this section otherwise gives to any unregistered interest any greater effect than it may have under the instrument by which it was created.
(5) Any priority conferred by this section on an unregistered interest is lost if the caveat or other instrument in respect of which it is claimed lapses, or is withdrawn, or is otherwise disposed of.
—(1) Except in the case of fraud, the entry of a caveat protecting an unregistered interest in land under the provisions of this Act gives that interest priority over any other unregistered interest not so protected at the time when the caveat was entered.
(2) Knowledge of the existence of an unregistered interest which has not been protected by a caveat is not of itself imputed as fraud.
(3) For the purposes of this section, the lodgment of an instrument for registration under the provisions of this Act has the same effect as the entry, on the date of such lodgment, of a caveat protecting the interest claimed under that instrument.
(4) Nothing in this section otherwise gives to any unregistered interest any greater effect than it may have under the instrument by which it was created.
(5) Any priority conferred by this section on an unregistered interest is lost if the caveat or other instrument in respect of which it is claimed lapses, or is withdrawn, or is otherwise disposed of.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
