Land Titles Rules - Singapore Statutes Online (2023)

PART V

REGISTRATION PROCEDURES

General

Separate certificates of title

21.—(1)Where 2 or more lots are comprised in a certificate of title (referred to in this paragraph as the original certificate of title), no instrument involving a transfer of ownership of any of those lots shall be accepted for registration, unless —

(a)	one or more separate certificates of title have been issued for the lot or lots which form the subject of that transfer; or
(b)	all those lots comprised in the original certificate of title are the subject of that transfer.

(2)Where the lot comprised in a certificate of title (referred to in this paragraph as the original certificate of title) has been subdivided, no instrument involving a transfer of any subdivided part of that lot shall be accepted for registration, unless —

(a)	one or more separate certificates of title have been issued for the subdivided part or parts which form the subject of that transfer; or
(b)	all the subdivided parts comprised in the original certificate of title are the subject of that transfer. [S 530/2014 wef 15/08/2014]

Dealings of leasehold comprised in certificate of title

22.Where a folio is created for a leasehold estate comprised in a lease—

(a)	all instruments relating to the leasehold estate shall be notified on such folio; and [S 530/2014 wef 15/08/2014]
(b)	a suitable notification or endorsement that such folio has been created shall be entered on the land-register or lease, as the case may be.

Use of produced document

23.—(1)Where, for the purpose of registration of any instrument, a document of title is produced by some person other than the person entitled to possession of such document of title, the Registrar may require the instrument to be lodged together with a production form or an authorisation form.

(2)The production form or authorisation form referred to in paragraph(1) —

(a)	shall be signed by the person entitled to the possession of the document of title, or that person’s solicitor or authorised agent; and
(b)	shall indicate the purpose for which the document of title is produced.

(3)The Registrar shall not use the document of title for any other purpose except with the consent, expressed or implied, of the person who produced the document of title.

[S 530/2014 wef 15/08/2014]

Consent of mortgagee or chargee to replacement of certificates of title, etc.

24.An application under section43 of the Act for a new certificate of title or a new subsidiary certificate of title shall be endorsed with the consent of any registered mortgagee or chargee of land to be comprised in the new certificate of title or new subsidiary certificate of title.

[S 530/2014 wef 15/08/2014]

25.[Deleted by S 276/2003 wef 09/06/2003]

Transfer by mortgagee

26.The Registrar may register a transfer on sale executed by the proprietor of a mortgage notwithstanding the fact that the transferor was not registered as proprietor at the time when the sale took place.

Satisfaction of charge

27.An application to enter in the land-register a notification of satisfaction of a charge may be made by any person interested in the land subject to the charge.

Mortgagee’s, etc., consent to easement

28.Where the proprietor of land subject to a mortgage, charge or lease has granted an easement with the consent of a proprietor of that mortgage, charge or lease, the Registrar shall refer to such consent in the memorial of registration of the easement.

Solicitor or authorised agent may sign certain instruments

28A.Any instrument specified in rule 15A may also be signed by the solicitor or authorised agent of the person lodging the instrument.

[S 481/2016 wef 03/10/2016]

Certificate of Title for Mortgaged Land

Application for issue of certificate of title for mortgaged land

29.—(1)A reference in an endorsement cancelling a previous folio to the instrument or document occasioning the cancellation of that folio shall be sufficient indication of the reason for such cancellation within the meaning of section30(3) of the Act.

(2)[Deleted by S 256/2005 wef 01/06/2005]

(3)An application for one or more new folios for the whole of the land in an existing folio or for the combination of 2 or more parcels of land in one or more existing folios under section30 of the Act, or for the creation of a new folio for a leasehold estate, shall be accompanied by the written consent of any registered mortgagee or chargee of land to be comprised in the new folio or folios.

[S 530/2014 wef 15/08/2014]

Surrender of Leases

Surrender of leasehold estate

30.—(1)A surrender of a leasehold estate shall be supported by evidence to show that the surrender has been accepted by all necessary parties.

(2)Where an instrument of surrender of a leasehold estate is executed by the lessee with the consent of any mortgagee or chargee of the leasehold estate, the Registrar shall cancel the mortgage or charge upon registration of the surrender.

(3)Upon the surrender of a lease on which any sublease is registered, the Registrar shall enter a notification of the new reversion on the sublease or the folio of the land-register created for the sublease, as the case may be.

[S 530/2014 wef 15/08/2014]

Easements

New certificates of title for creation of easements

31.For the purposes of section97(5) and (6) of the Act, the Registrar may, in any case if he thinks fit, require the issue of a new certificate of title.

[S 530/2014 wef 15/08/2014]

Creation, variation or extinguishment of easement pursuant to order of court

32.—(1)Where an easement has been created, varied or wholly or partially extinguished by an order of court, an application shall be made to the Registrar to notify the order of court on the land-register.

(2)Subject to rule28A, an application referred to in paragraph(1) shall be lodged together with a duly certified copy of the order of court and signed by the person for whose benefit the order of court has been made.

[S 530/2014 wef 15/08/2014]

[S 481/2016 wef 03/10/2016]

Transmissions

Personal representative who becomes absolute owner of land

33.A personal representative who has become registered as proprietor by transmission of the land of a deceased proprietor may file a statement with the Registrar that he is or has become the absolute owner of the land and stating his entitlement to the land.

Caveats

Signing of caveats

34.A caveat that has been lodged with the Registrar, and an extension of that caveat, shall be signed by the caveator, or the caveator’s solicitor or authorised agent.

[S 530/2014 wef 15/08/2014]

Acceptance of nomination in caveat

35.Where a caveat prohibits registration of any dealing affecting the land except with the consent of some person nominated in the caveat, the Registrar may require evidence, either by endorsement on the caveat or otherwise, to show that such person accepts the nomination.

[S 530/2014 wef 15/08/2014]

Dealings subject to caveats

36.Where an instrument refers in its memorandum of prior encumbrances to a caveat, such reference shall, for the purposes of section115(2)(a) of the Act, be sufficient expression that the instrument is subject to the interest claimed under the caveat.

Caveats against unregistered land

37.A caveat against unregistered land shall be in the approved form for caveats of registered land and shall, in addition, state the name and address of the caveatee upon whom notice is to be served under section117(1) of the Act.

37A.[Deleted by S 481/2016 wef 03/10/2016]

Writs and Orders of Court

Application to register a writ or order of court

38.—(1)An application for registration of a writ of execution or an order of court may be made by the plaintiff in the suit in which the writ or order has been issued, or by a person for whose benefit the order has been issued, or by the person directed, appointed or empowered by the court to deal with the land in respect of which the order has been issued.

[S 30/2012 wef 01/02/2012]

(2)Every application referred to in paragraph(1), and every application to withdraw or cancel any such registration of a writ of execution or an order of court, shall be signed by the applicant, or the applicant’s solicitor or authorised agent.

[S 30/2012 wef 01/02/2012]

[S 530/2014 wef 15/08/2014]

Notice of entry of writ

39.—(1)A writ issued on a judgment against the personal representative of a deceased proprietor in his capacity as such may be registered against the title to the land of the deceased proprietor.

(2)When the Registrar has entered a writ on the land-register, he shall notify the proprietor against whose interest the writ has been entered.

Restrictive Covenants

Covenants in restraint of trade

40.Where an instrument which complies with the requirements of PartXIV of the Act purports to prohibit or otherwise control the conduct on the servient land of any trade, business or profession, the Registrar shall not be concerned to consider whether such restraints are enforceable.

Extinguishment or variation of restriction

41.Where a restriction has been wholly or partially extinguished or varied by an order of court under section 140(5) of the Act, every person having a registered interest in the servient land shall apply to the Registrar to notify the order of court on the land-register.

[S 30/2012 wef 01/02/2012]

[S 530/2014 wef 15/08/2014]

42.[Deleted by S 481/2016 wef 03/10/2016]

Collective Sales under Land Titles (Strata) Act

Notification of application for an order for collective sale made under Land Titles (Strata) Act

42A.—(1)Subject to rule28A, every notification of an application for an order for a collective sale made under Part VA of the Land Titles (Strata) Act, and every application to cancel any such notification, shall be signed by the authorised representatives referred to in section 84A(2) of that Act.

[S 481/2016 wef 03/10/2016]

(2)Subject to rule28A, an application for the registration of any order of court or order of a Strata Titles Board, as the case may be, made pursuant to an application for an order for a collective sale made under Part VA of the Land Titles (Strata) Act shall be signed by the authorised representatives referred to in section 84A(2) of that Act.

[S 30/2012 wef 01/02/2012]

[S 530/2014 wef 15/08/2014]

[S 481/2016 wef 03/10/2016]

Defunct Entries and Corrections

Defunct entries

43.—(1)Any proprietor claiming that an entry in the land-register has ceased to affect his land may request the Registrar to exercise the power of cancellation conferred on him by section29(8) of the Act.

(2)The Registrar shall not be bound to comply with such request unless he is satisfied that no other method of disposing of the entry in question is reasonably practical.

(3)Whenever the Registrar endorses a discharge of mortgage, or a surrender of lease or any other entry in the land-register, whereby some previous entry ceases to affect the land to which it related, he shall—

(a)	in the case of a manual folio, stamp on that previous entry the word “discharged”, “surrendered”, “cancelled” or any other appropriate word, as the case may be, but in such manner as to leave that previous entry legible; and
(b)	in the case of a computer folio, make an entry in that folio to the effect that the mortgage, lease or previous entry has been discharged, surrendered or cancelled.

Notice of intention to correct land-register

44.—(1)Where the Registrar intends to correct the land-register under section159 of the Act, he shall give 21 days’ notice of his intention to the proprietor and to any other person who, in the opinion of the Registrar, may be affected by the correction.

(2)No such notice need be given if, in the opinion of the Registrar, the intended correction would not prejudice the proprietor or other person.