Singapore legislation

Section 137

of Land Titles Act

Section 137

Actions for recovery of land

(1)

No action of ejectment or other action for the recovery of registered land lies or may be sustained against the proprietor thereof except in the case of —

(a)

a mortgagee against a mortgagor in default;

(b)

a chargee against a chargor in default;

(c)

a lessor against a lessee in default;

(d)

a person deprived of land by fraud against the person who has become registered as proprietor of the land by fraud, or against any person claiming through that proprietor otherwise than as a purchaser; or

(e)

a re-entry or forfeiture upon breach of a covenant or condition contained or implied in a Crown grant, State grant, Crown lease or State lease.

(2)

In any action pursuant to this section, the Court may make such order for the cancellation of any folio of the land-register or of any entry therein, or for the recovery of possession of the land, as the circumstances of the case may require.

(3)

In any action based on fraudulent deprivation, the Court may make an order for payment of damages either in addition to or in substitution for an order for the recovery of land.

(4)

On making an order pursuant to this section, the Court shall have regard to any improvements which may have been made to the land subsequently to the deprivation, and to the conduct of the parties, and may, if it sees fit, put the successful party on terms of paying compensation.

(5)

For the purposes of this section, any unlawful acquisition of land, whether by a person purporting to act under statutory authority or otherwise, shall be deemed to be fraudulent.[133