Registration of Deeds Act |
(CHAPTER 269) |
(Original Enactment: Ordinance 6 of 1915)
REVISED EDITION 1985 |
(30th March 1987) |
An Act relating to the registration of deeds. |
[1st August 1917] |
Short title |
1. This Act may be cited as the Registration of Deeds Act. |
Interpretation |
2. In this Act, unless there is something repugnant in the subject or context —
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Appointment of Registrar and Deputy Registrars |
All deeds, etc., affecting land may be registered |
4. From and after the commencement of this Act and subject to this Act and any rules made thereunder, all assurances thereafter or theretofore executed or made, and all probates and letters of administration thereafter or theretofore granted, by which any land within Singapore is affected and which have not been registered under the Registration of Deeds Ordinance 1886 [XIII/1886], may be registered in such manner as is hereinafter directed, and unless so registered shall not be admissible in any court as evidence of title to such land. |
Mode of registration |
5.—(1) Provisional registration of any instrument under this Act shall be effected in the manner provided by this section and by sections 6 and 7.
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Memorials |
6. Except so far as is otherwise expressly provided by this Act or by any rules made thereunder, memorials provisionally registered under this Act shall be subject to the following requirements:
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Memorandum of lien or charge |
7.—(1) Where any lien or charge on any lands is claimed in respect of any unpaid purchase-money or by reason of any deposit of title deeds or otherwise, a memorandum of the lien or charge, signed by the person against whom the lien or charge is claimed, may be provisionally registered on presentation by any person claiming to be interested therein.
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Registration complete on compliance with conditions precedent within 6 months of provisional registration |
8.—(1) Immediately section 14(1), or the provisions of that subsection other than paragraphs (c) and (d), in the event of those paragraphs being dispensed with under section 29(1)(l), have been complied with, any instrument provisionally registered shall be deemed to have been registered under this Act as to the lands with respect to which an entry has been made under section 5(3), and the date, hour and minute entered under that subsection shall be deemed for all purposes to be the date of registration.
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Caveats |
9.—(1) Subject to any rules made under this Act, a caveat may at any time be given with respect to any lands by any person claiming to be entitled to any interest in those lands in favour of any person named therein.
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Persons to present documents for registration |
10.—(1) No assurance or caveat shall be provisionally registered under this Act unless it is presented for registration by some person who has executed or claims under it or by the legal personal representative of that person or by the agent of that person or representative duly authorised by power of attorney, executed and authenticated in the manner hereinafter mentioned, or by the solicitor of that person or representative.
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Powers of attorney recognisable for the purposes of section 10 |
11.—(1) For the purposes of section 10 the powers of attorney mentioned in this section shall alone be recognised —
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Inquiry before registration |
12.—(1) No assurance or caveat shall be provisionally registered under this Act unless the persons who have executed it or their legal personal representatives or the agents authorised as in section 11 of those persons or representatives appear either simultaneously or at different times before the Registrar and admit such execution.
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Procedure where appearance of executant or witness is desired |
13.—(1) If any person presenting any instrument for provisional registration desires the appearance of any person whose presence or testimony is necessary for the provisional registration of the instrument, the Registrar may in his discretion issue a summons requiring him to appear at the Registry of Deeds either in person or by a duly authorised agent as in the summons mentioned and at the time named therein.
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Conditions precedent to registration |
14.—(1) No instrument or memorial shall be registered —
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Priority of instruments |
15.—(1) Subject to this Act, all instruments registered under the Registration of Deeds Ordinance 1886 [XIII/1886] or entitled to be registered under this Act, have priority according to the date of their registration and not according to the date of the instruments or of their execution.
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Protection by legal estate and tacking not to be allowed |
16.—(1) In any case in which priority or protection might but for this Act have been given or allowed to any estate or interest in lands by reason or on the ground of that estate or interest being protected by or tacked to any legal or other estate or interest in those lands, no such priority or protection shall after the date of commencement of this Act be so given or allowed to any estate or interest in lands except as against any estate or interest which existed prior to that date.
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Rights of purchasers to relief to be the same as those of the persons through whom they claim |
17. Any person claiming under any assurance duly registered shall have and be entitled to all the same grounds of relief as against any person claiming through any assurance of a subsequent date to that under which he claims but which has acquired priority by earlier registration as the person through whom he claims under that first-mentioned assurance might have had and been entitled to. |
Registration |
18. Subject to this Act and any rules made thereunder, the Registrar shall register all assurances and other instruments that are entitled to be registered under this Act which or memorials of which are presented to him for registration in the order in which they are so presented and shall make such entries as are prescribed. |
Searches may be made and copies taken by any person |
19. Subject to this Act and to any rules made thereunder, any person may, on application at the Registry of Deeds at such times as are limited by the Registrar in that behalf, inspect and search the microfilm copy of the register and inspect and search any other books and indexes which are required to be kept at the Registry of Deeds under this Act or any rules made thereunder, and may take copies thereof or extracts therefrom. |
Official searches |
20. Subject to this Act and to any rules made thereunder, any person may at any time require an official search to be made on his behalf at the Registry of Deeds, subject to the following conditions:
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Record of official searches |
21.—(1) Where any official search has been made under this Act, a record of the result of the search shall be preserved at the Registry of Deeds.
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Certified copies |
22.—(1) Subject to this Act and to any rules made thereunder, any person may require a certified copy of or extract from any document enrolled in the register or of or from any entry in the register or any book or index kept at the Registry of Deeds under this Act or any rules made thereunder, and thereupon a certified copy or extract signed by the Registrar and sealed with the seal of the Registry of Deeds shall be given to that person.
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Protection of solicitors, trustees, etc., in the case of certificates, etc. |
23.—(1) Where any solicitor, trustee, executor, agent or other person in a fiduciary position, either by himself or by a solicitor, obtains a certificate of the result of an official search or a certified copy of any document enrolled in the register or of any entry in any book or index kept at the Registry of Deeds under this Act or any rules made thereunder, the solicitor, trustee, executor, agent or other person shall not be answerable for any loss, damage or injury that arises from any error in that certificate or copy.
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Rectification of register by Court |
24.—(1) Any person claiming any estate or interest in any lands within Singapore may at any time apply to the High Court for an order that —
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Act not to extend to certain leaseholds |
25. Nothing in this Act shall extend to any lease not exceeding 3 years or any assignment thereof where accompanied by actual possession from the making of the lease or assignment. |
Penalty for wilful misconduct by Registrar |
26. The Registrar or any person employed by or under him for the purposes of this Act, who wilfully neglects his duty in the execution of his office according to the rules and directions in this Act mentioned, or wilfully commits or suffers to be committed any undue or fraudulent practice in the execution of that office, intending thereby to cause or knowing it to be likely that he may thereby cause injury as defined in the Penal Code [Cap. 224] to any person, shall be guilty of an offence and shall be punished on conviction with a fine or with imprisonment for a term not exceeding 7 years or with both. |
Penalty for making false statements before registering officer |
27. Any person who —
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Fees |
28.—(1) The Registrar shall not be required to do any act or permit any act to be done in respect of which any fee is specified or fixed except on payment of that fee.
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Rules |
29.—(1) The Minister may make rules with respect to all or any of the following matters:
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Service of notices, etc. |
30. Any notice or other document required by this Act to be served shall be sufficiently served if it is left at the last known place of abode or business in Singapore of the person to be served.
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