Singapore legislation

Clause 15

of Land Titles (Strata) Bill

Clause 15

Creation of easements and restrictions

(1)

The subsidiary proprietors may by unanimous resolution at a meeting convened by the management corporation direct the corporation —

(a)

to execute on their behalf a grant of easement or a restrictive covenant burdening the parcel;

(b)

to accept on their behalf a grant of easement or a restrictive covenant benefiting the parcel.

(2)

The management corporation, if it is satisfied that the resolution was duly passed, and that all persons having registered interests in the parcel have consented in writing to the manner of creating those interests in respect of the registered land comprised in the proposed disposition, shall execute the appropriate instrument and such instrument shall be valid and effective without any execution by any person having an interest in the parcel, and the receipt of the management corporation for any moneys payable to the management corporation under the instrument shall be a sufficient discharge, and shall exonerate the person taking under the instrument from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.

(3)

Every instrument creating the easement or restrictive covenant lodged for registration shall be enforced with or accompanied by a certificate in the prescribed form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and the certificate shall in favour of a purchaser and the Registrar be conclusive evidence of the facts stated therein.

(4)

The Registrar shall register the instrument creating the easement or restrictive covenant by noting the same on the registered strata title plan.