PART 6 51.—(1) The forms from time to time approved by the Registrar must be used for all instruments intended to affect registered land.| (2) The Registrar may register any instrument containing departures from an approved form and the instrument is deemed to be in a form approved by the Registrar. |
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| Lodgment of instrument in electronic form |
51A.—(1) Subject to this section, an instrument may be lodged in such electronic form as may be approved by the Registrar.| (2) A person must not lodge an instrument in electronic form unless the person is authorised by the Registrar to do so. |
| (3) Every instrument lodged in electronic form under this section must be completed in such manner as may be required by the Registrar. |
(4) Where an instrument is lodged in electronic form under this section —| (a) | it is the duty of the person who certifies the correctness of the instrument under section 59 to ensure that all particulars entered therein are complete and accurate; and | | (b) | the Registrar need not be concerned to inquire into the completeness or accuracy of the particulars as entered in the instrument and must, on acceptance of the instrument so lodged, register the instrument in accordance with those particulars. |
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| Registration of mortgage, charge or lease |
52.—(1) Every mortgage, charge or lease presented for registration need not be lodged in duplicate except for a lease to be comprised in a manual folio.(2) Upon registration of any mortgage, charge or lease, the Registrar must enter a statement on the mortgage, charge or lease to the effect that it has been registered and, where such instrument is accompanied by a certificate of title, or lease the Registrar must —| (a) | in the case of a manual folio or lease — endorse a memorial of the date of registration of the mortgage, charge, or lease on the certificate of title or lease, and deliver the duplicate certificate of title or duplicate lease to the person entitled to the custody thereof; and | | (b) | in the case of a computer folio — issue a new edition of the certificate of title showing the relevant entry of the memorial of registration of the mortgage, charge or lease and deliver a print-out of the certificate of title with such entry to the person entitled to the custody thereof. |
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| (3) In the absence of any express agreement to the contrary, the mortgagee, chargee or lessee is entitled to the custody of the certificate of title or duplicate lease. |
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| Manner of holding by co-owners |
53.—(1) In every instrument affecting registered land, co‑tenants claiming under the instrument hold the land as joint tenants unless they are described as tenants‑in‑common; and if they are described as tenants‑in‑common, the shares in the registered land to be held by them must, subject to subsection (2), be specified in the instrument.| (2) Persons described as tenants-in-common are, in the absence of any expression to the contrary, presumed to be entitled in equal shares. |
| (3) Tenants-in-common entitled in equal shares who intend to hold their estate or interest in land as joint tenants may jointly declare by an instrument of declaration in the approved form that they hold the estate or interest in their respective shares in the registered land as joint tenants of the entire estate or interest thereof. |
(4) Upon the registration of an instrument of declaration referred to in subsection (3) —| (a) | where all the tenants-in-common of the entire estate or interest in the registered land are the declarants — the estate or interest which they held in their respective shares as tenants‑in‑common immediately before such registration vests in them as joint tenants; or | | (b) | where not all the tenants-in-common of the entire estate or interest in the registered land are the declarants —| (i) | the estate or interest which the declarants held in their respective shares as tenants‑in‑common immediately before such registration vests in the declarants as joint tenants; and | | (ii) | the declarants and the other tenants‑in‑common continue to hold their estate or interest in their respective shares as tenants‑in‑common in accordance with subsections (1) and (2). |
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| (5) Without prejudice to any rule or principle of law relating to severance of a joint tenancy, any joint tenant may sever a joint tenancy of an estate or interest in registered land by an instrument of declaration in the approved form and by serving a copy of the instrument of declaration personally or by registered post on the other joint tenants. |
| (6) Upon the registration of the instrument of declaration which has been duly served as required by subsection (5), the respective registered estates and interests in the registered land are held by the declarant as tenant‑in‑common with the remaining joint tenants, and the declarant is deemed to hold a share that is equal in proportion to each of the remaining joint tenants as if each and every one of them had held the registered land as tenants‑in‑common in equal shares prior to the severance. [8/2014] |
| (7) Where a joint tenant holds an estate or interest in registered land on trust, the severance of the joint tenancy does not affect the rights of the beneficiary of the trust or the operation of the law relating to breaches of trust. |
| (8) Where an application to register an instrument of declaration is made under this section, the Registrar may dispense with production of the document of title on such terms as the Registrar thinks fit and register the instrument if the Registrar is satisfied that the applicant is unable to produce the document of title on the basis that the applicant is unable to procure it despite the applicant’s best efforts. |
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54.—(1) Every instrument lodged for registration must refer to the folio and the lot intended to be dealt with.| (2) Subject to section 54A, where a dealing referred to in an instrument affects part of any land comprised in a folio and such dealing does not contravene the provisions of the Planning Act 1998 or require the allocation of a new survey lot number by the Chief Surveyor for that part of the land, the instrument lodged for registration must be accompanied by a plan which will enable the land to be identified with certainty. |
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| Obtaining of lot or strata lot number |
54A.—(1) Where a proprietor intends to sell part of a parcel of any land or part of a building, the proprietor must, after obtaining the approval of the relevant authority and before entering into a sale and purchase agreement for such part, either —| (a) | obtain from the Chief Surveyor a lot or strata lot number for the proposed part; or | | (b) | deposit with the Registrar a schedule and plan of the proposed subdivision of the parcel or building showing the new property addresses. |
| (2) Despite section 165, the Registrar must refuse to accept any caveat or charge or such other instrument for lodgment unless the proprietor has complied with subsection (1). |
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| Memorandum of prior encumbrances |
55.—(1) Instruments intended to dispose of or to create any interest in registered land must contain in a memorandum of prior encumbrances a brief description of any interest affecting that land which has been registered or notified in the land‑register.| (2) Failure to comply with subsection (1) does not prevent registration of the instrument unless, in the Registrar’s opinion, completion of the memorandum is necessary to indicate the order of registration of 2 or more instruments. |
| (3) Any error in or omission from the memorandum of prior encumbrances does not operate to invalidate the registration of an instrument. |
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| Proprietor must execute instrument |
56.—(1) Except as provided in subsection (2), every instrument purporting to dispose of or to create an interest in registered land must be executed by the proprietor or proprietors thereof named in the land‑register at the time of registration of the instrument.(2) This section does not prevent the registration of any instrument executed by —| (a) | the survivor or survivors of joint proprietors; | | (b) | the personal representative of a deceased proprietor in severalty; | | (c) | the attorney or other agent authorised in accordance with Part 16; | | (d) | the sheriff or other officer of a court acting under a writ, order or decree of a court; | | (e) | the proprietor under the proprietor’s lawfully altered name where such name is different from that registered in the land-register; or | | (f) | any person empowered in that behalf, directly or indirectly, by this Act or any other written law or by an order of court. [8/2014] |
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| (3) Before registering any instrument executed by a person other than the proprietor named in the land-register, the Registrar may require production of the instrument, authority or evidence empowering or enabling that person to execute. |
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| Attestation and proof of execution |
57.—(1) Subject to subsection (3), the Registrar must accept as proof of due execution of an instrument intended for registration under this Act if the instrument is presented in the following manner:| (a) | where a person, other than a party to the instrument, attests the instrument; or | | (b) | where the execution by a party is not apparently attested, the solicitor has signed the certificate of correctness mentioned in section 59, and —| (i) | where such instrument is executed in Singapore — the Registrar must presume that it has been duly executed in the presence of the solicitor who has signed the certificate of correctness; or | | (ii) | where such instrument is executed outside Singapore — the Registrar must presume that the solicitor who signed the certificate of correctness is satisfied that the execution of that instrument has been attested. |
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| (2) The Registrar may, in any case in which he or she has reason to suspect impropriety or where the instrument is executed by a marksman or by a person who appears to be illiterate, require any of the parties to the instrument or that party’s respective witness to appear before the Registrar or before any person nominated by the Registrar for the purpose of proving the due execution of the instrument. |
(3) The Registrar may dispense with proof of due execution of an instrument intended for registration under this Act for any of the following purposes:| (a) | for the entry, extension or withdrawal of a caveat; | | (b) | for the registration of —| (i) | an enforcement order or an order of court; or [Act 25 of 2021 wef 01/04/2022] | | (ii) | the withdrawal of an enforcement order or an order of court; [Act 25 of 2021 wef 01/04/2022] |
| | (c) | for the cancellation of an enforcement order or order of court; [Act 25 of 2021 wef 01/04/2022] | | (d) | for such other purpose as may be prescribed. [8/2014] |
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| Execution of instruments by corporations, etc. |
58.—(1) Subject to subsection (4), in favour of purchasers, an instrument dealing with registered land is deemed to have been duly executed by a corporation or a limited liability partnership if the seal of the corporation or limited liability partnership is affixed thereto in the presence of and attested by —| (a) | in the case of the corporation (other than a limited liability partnership) — its secretary or other permanent officer, and a member of its board of directors, council or other governing body; or | | (b) | in the case of the limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership. [8/2014] |
| (2) Where a seal purporting to be the seal of a corporation or a limited liability partnership appears to have been affixed to an instrument in accordance with subsection (1), the instrument is deemed to have been executed in accordance with the requirements of this section. [8/2014] |
| (3) Any mode of execution or attestation authorised by law or by practice or by the written law, charter, memorandum or articles, deed of settlement or other instrument constituting the corporation or the limited liability partnership or regulating the affairs thereof is, in addition to the modes authorised by this section, effectual as if this section had not been enacted. [8/2014] |
| (4) Where an instrument dealing with land (whether registered or unregistered) is an electronic instrument, it is deemed to have been duly executed by a corporation or a limited liability partnership aggregate if it is executed in such manner and form as may be approved by the Registrar. [8/2014] |
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| Certificate of correctness |
59.—(1) The Registrar may reject any application to bring land under the provisions of this Act, or any other instrument purporting to deal with or to affect land (whether registered or unregistered), unless there is endorsed thereon a certificate by the parties to the instrument that it is correct for the purposes of this Act.(2) The certificate by any party to the instrument implies representations that to the best of the signatory’s knowledge and belief and insofar as he or she has any reasonable means of ascertaining —| (a) | the instrument is made in good faith; | | (b) | the matters set forth therein are substantially correct; and | | (c) | in the case of —| (i) | a person acquiring title — the person acquiring title thereunder accepts proprietorship and (unless otherwise expressed in the instrument) is of full age and legal capacity; or | | (ii) | a person divesting title — the person divesting title thereunder is the party entitled to divest the interest under the instrument and is of full age and legal capacity. |
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(3) Where —| (a) | a solicitor has been employed by a party to the instrument — the certificate mentioned in subsection (2) must be signed by the solicitor; or | | (b) | a solicitor has not been employed by a party to the instrument — the party himself or herself must sign the certificate mentioned in subsection (2) and if the party is a corporation or limited liability partnership, the certificate must be signed by a responsible officer of the corporation or limited liability partnership, as the case may be. [8/2014] |
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| (3A) Where any instrument is executed by an attorney (within the meaning of Part 16) for a party to the instrument, the certificate by the attorney implies representations that, to the best of the belief of the attorney or (as the case may be) the solicitor employed, the attorney has the authority to act as the agent for and on behalf of the party in respect of that instrument. |
(4) Each certificate must indicate in legible characters —| (a) | the name and capacity of the signatory; and | | (b) | where it is signed by a solicitor employed by the party to the instrument, the solicitor holds a practising certificate which is in force as at the date of the instrument. |
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| (5) Where the certificate is signed by any party (including a solicitor who is a party acquiring or divesting title under the instrument), or by a responsible officer of any corporation or limited liability partnership, divesting or acquiring title, the Registrar may require the person to appear before the Registrar and to furnish satisfactory evidence as to the person’s identity, capacity and authority. [8/2014] |
| (6) Any person who falsely certifies to the correctness of any instrument or caveat shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 and such penalty does not prevent a person who may have sustained any damage or loss in consequence of errors or mistakes in any such certified instrument or caveat from recovering damages against the person who has certified the same. [8/2014] |
| (7) In any instrument which is registered under the provisions of this Act, any reference to “Certificate of Correctness” is to be construed as a reference to a certificate of correctness given under this section or any corresponding provision in any repealed enactment. |
(8) In this section —“responsible officer” means —| (a) | in the case of a corporation (other than a limited liability partnership) — its secretary or other permanent officer, or a member of its board of directors, council or other governing body; or | | (b) | in the case of a limited liability partnership — its partner, manager or an attorney appointed in that behalf by the limited liability partnership; |
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| “solicitor” means a solicitor who has in force a practising certificate issued under the Legal Profession Act 1966. [8/2014] |
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| Address for service of notices |
60.—(1) Every instrument by which a person becomes a proprietor of registered land and every caveat relating to dealings with land (whether registered or unregistered) must contain an address within Singapore to which may be sent any notice concerning the land authorised or required by this Act.| (2) The proprietor or caveator may from time to time notify the Registrar in writing of any change of the proprietor’s or caveator’s address in such prescribed manner, and the Registrar must make an appropriate record of the change. |
| (3) Section 72 of the Conveyancing and Law of Property Act 1886 does not apply to the service on a proprietor or on a caveator of any notice authorised or required by this Act. |
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60A.—(1) Unless otherwise expressly provided in this Act, a notice that is required or authorised by this Act to be given to or served on a person may be given to or served on that person —| (a) | by posting it or sending it by fax to that person’s address for service (within the meaning of this section) or to that person’s last known place of residence or business in Singapore; | | (b) | by leaving it at that person’s address for service (within the meaning of this section) or at that person’s last known place of residence or business in Singapore; or | | (c) | by publishing a copy of the notice in one or more local daily newspapers circulating in Singapore. [8/2014] |
(2) The address of a person, specified in —| (a) | any instrument by which that person becomes a registered proprietor; or | | (b) | any caveat lodged by or on behalf of that person, |
| may be regarded as that person’s address for service. |
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| (3) On being notified through any prescribed method or in writing by a registered proprietor or a caveator of any change of the registered proprietor’s or caveator’s address for service or place of residence or business in Singapore, the Registrar must make an appropriate record of the change of address. [8/2014] |
(4) Where any notice or other document is —| (a) | sent by fax in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed where there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the address for service or place of residence or business in Singapore, as the case may be; | | (b) | sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, even if it is returned undelivered; or | | (c) | served by publishing a copy of it in one or more local daily newspapers circulating in Singapore, it is deemed to have been duly served on the person to whom it is addressed on the day of the last publication. [8/2014] |
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| (5) This section does not apply to notices and documents to be served in proceedings in court. |
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| Instruments to take effect as deeds |
61.—(1) Upon registration, any instrument disposing of or creating an interest in registered land has the effect of a deed.| (2) Nothing in this Act prevents a party to an instrument affixing the party’s seal thereto or giving to the instrument any additional form of solemnity not inconsistent with the provisions of this Act. |
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| Covenants in instruments: Words of succession implied |
62.—(1) In instruments registered under the provisions of this Act, unless a contrary intention is expressed, covenants relating to land are deemed to be made by the covenantor and the covenantor’s successors in title with the covenantee and the covenantee’s successors in title and have effect as if such successors were expressly referred to therein.| (2) Nothing in this section enlarges or extends the power of a covenantor to burden land in the hands of the covenantor’s successors in title. |
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