Singapore legislation
Clause 27
Clause 27
Prior encumbrances to be notified on a qualified folio
(1)
The Registrar shall enter on a qualified folio a notification of any caveat or other subsisting encumbrance —
which is apparent to him from the records maintained at the Land Titles Registry (including the Caveat Index) at the time of the creation of that folio; and
which is subsequently brought to his attention as in this section provided.
(2)
Any person claiming an interest in land which was subsisting at the date of the creation of a qualified folio for that land other than an interest excepted by section 46 may, so long as the folio remains qualified as to title, protect that interest by lodging a caveat pursuant to section 115, and the Registrar shall enter a notification of such a caveat in that folio.
(3)
The proprietor in whose name a qualified folio has been created shall lodge with the Registrar a statement setting out particulars of any subsisting interest affecting the land therein comprised which is known to him and which is not already notified pursuant to subsection (1) other than an interest excepted by section 46 and any interest that may be protected by a caveat which can be lodged in the Land Titles Registry notwithstanding that the land at the time when the claim arose was unregistered land, and the Registrar shall enter a notification of that interest on that folio.
(4)
The proprietor named in a qualified folio who —
has knowledge of an encumbrance or interest affecting the land comprised therein which is not notified on the relevant folio; and
disposes of or otherwise deals with or creates any interest in that land without having lodged a statement pursuant to subsection (3),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
(5)
A proprietor who has knowledge of an interest claimed under a caveat registered under the Registration of Deeds Act [Cap. 269] shall give notice in writing to the purchaser or transferee of that interest before effecting any transfer.
(6)
The Registrar shall not be concerned to inquire whether the notice referred to in subsection (5) has been issued.
(7)
An interest notified on the folio pursuant to this section is an interest within the meaning of section 46, but its notification shall not give the interest to which it relates any greater operation or effect than it has under the instrument creating it.
(8)
Any interest notified on the folio pursuant to this section shall not, by reason of any provision of this Act, lose any priority which that interest would otherwise have had.