Singapore legislation
Clause 17
Clause 17
Priority of interests protected by caveats, mortgages and statutory charges registered or notified on land-register
(1)
Where any registered land has been surrendered to the President pursuant to section 9, 10 or 11, with subsisting mortgages, statutory charges and caveats registered or notified on the land-register, the priority of these mortgages, charges and caveats shall be determined as follows:
the priority for caveats lodged pursuant to section 115 and notified in the land-register shall be determined in accordance with section 119; and
the priority for mortgages and statutory charges (including those instruments registered under the Registration of Deeds Act [Cap. 269] and subsequently notified on the folio when created) shall be determined according to their respective dates of lodgment in either the Land Titles Registry or the Registry of Deeds, as the case may be.
(2)
Where any instrument (including a mortgage, charge or caveat) was materially amended pending its final registration or notification in the land-register, as the case may be, section 48(1) shall, mutatis mutandis, apply to the determination of its priority in accordance with this section.
(3)
As between mortgages, charges and caveats referred to in subsection (1), their respective priorities determined in accordance with that subsection and subject to subsection (2) shall affect those mortgages, charges and caveats which were subsisting at the date of the surrender and have not been discharged, withdrawn or cancelled at the date of the issue of fresh title to the land or part thereof.