Singapore legislation
Clause 19
Clause 19
Primary applications
(1)
Land not subject to the provisions of this Act may be brought under its provisions.
(2)
Subject to this section, a primary application may be made by —
a person entitled whether at law or in equity to an estate in fee simple or in perpetuity in the land to which the application relates; or
a person entitled either at law or in equity to a leasehold estate having an unexpired term of not less than 10 years on the date of the lodgment of the application in the land to which the application relates.
(3)
The Registrar shall not entertain an application made by —
a mortgagor, unless the mortgagee has consented thereto; or
a trustee, unless he has the power to sell the land or unless the application is consented to by a majority in number of such of the beneficiaries as are sui juris at the date of the application.
(4)
A primary application shall be made in the approved form and shall be accompanied by such evidence and documents of title as the Registrar may require.
(5)
The Registrar may approve or reject an application to bring land under the provisions of this Act.
(6)
The Registrar may, in his discretion, refer any primary application to any legally qualified person for investigation of and report upon the applicant’s title, and having regard to —
the report of the legally qualified person; and
the evidence of identity and location of the land, the Registrar shall approve or reject the application.
(7)
Where any primary application is approved by the Registrar, the Registrar shall bring the land under the provisions of this Act by creating one or more folios for the land and notify thereon, in such a manner as to preserve their priority, such particulars as he thinks fit of all subsisting mortgages or other encumbrances to which the land is subject at the time of bringing the land under the provisions of this Act.
(8)
Where, in an application under this section, the evidence of title does not justify the creation of an unqualified folio, the Registrar may create a qualified folio for the land to which section 25 shall apply.
(9)
Unless expressly prohibited by the terms of its memorandum of association, charter or other constitution, any corporation, whether sole or aggregate, shall be deemed to have power to apply to the Registrar to bring land under the provisions of this Act, and the application may be made on behalf of the corporation by its managing director, manager, secretary or by an attorney appointed in that behalf by the corporation under its common seal.
(10)
Where the Registrar creates a folio qualified or unqualified as to title, any subsisting mortgage registered under the Registration of Deeds Act [Cap. 269] in respect of land comprised in the folio shall, when notified on the folio, be deemed to be a registered mortgage under the provisions of this Act and the provisions of this Act applicable to registered mortgages shall apply to that mortgage and all the rights and powers vested in the mortgagee and the obligations of the mortgagor to that mortgage shall, notwithstanding this section, continue to be in force as between the mortgagee and the mortgagor.
(11)
When a folio has been created pursuant to this section, then, except as provided in subsection (12), the Registration of Deeds Act shall cease to apply to the land therein comprised and the Registrar of Deeds shall cause an appropriate entry or endorsement to that effect to be made in the register kept under that Act.
(12)
The Registration of Deeds Act shall continue to apply to any dealings with trust, probate and letters of administration and any settlement created under any instrument which were subsisting in the land comprised in a qualified folio immediately before the date of the creation of the folio provided that such dealing shall not in any manner purport to convey, mortgage or discharge any estate or interest in land comprised in such a folio and the Registrar of Deeds shall have the power to refuse to register any such dealing which is contrary to this subsection.