Singapore legislation
Clause 37
Clause 37
Registration and priority of instruments
(1)
The Registrar shall register an instrument in the following manner:
where the relevant folio is a manual folio or in the case of an instrument affecting only a registered lease, by endorsing a memorial of the essential particulars of the instrument in the form approved by the Registrar on that folio or registered lease, as the case may be, and duly signed and sealed and dated by the Registrar; or
where the relevant folio is a computer folio, by entering a memorial in the computer folio containing the essential particulars of the instrument registered, including the date of registration.
(2)
Where two or more instruments which affect the same land have been lodged for registration at the same time by the same person and are awaiting registration, the Registrar shall register the instruments in the order in which he is requested in the lodgment application to do so by the person lodging the instruments.
(3)
Where two or more instruments which affect the same land have been lodged by different persons or by the same person at different times and are awaiting registration, the Registrar shall, subject to subsection (4), register them in the order which would give effect to the intentions of the parties as expressed in, or apparent to him from, the instruments.
(4)
Where the intentions of the parties referred to in subsection (3) appear to the Registrar to conflict, the Registrar shall register the instruments in the order in which they were lodged in registrable form, or were made registrable, as the case may be.
(5)
When instruments affecting the same estate or interest in any land have been registered, they shall, notwithstanding any expressed, implied or constructive notice, be entitled to priority according to the order in which they are registered and not according to the date of the respective instruments.
(6)
For a manual folio, the memorial shall bear the signature and seal of the Registrar or a facsimile thereof and the date of registration.
(7)
For a computer folio, the memorial need not bear the signature of the Registrar but shall show the date of registration.
(8)
Where registration has been effected pursuant to subsection (1)(a) or (b), the person who is named therein as taking an estate or interest becomes the proprietor of that estate or interest.
(9)
The Registrar, on being satisfied that any entry in the land-register has ceased to affect the land to which it purports to relate, may of his own motion cancel that entry.