Singapore legislation

Clause 46

Estate of proprietor paramount

(1)

Notwithstanding the existence in any other person of any estate or interest, whether derived by grant from the State or otherwise, which but for this Act might be held to be paramount or to have priority, and notwithstanding any failure to observe the procedural requirements of this Act, any person who becomes the proprietor of registered land, whether or not he dealt with a proprietor, and notwithstanding any lack of good faith on the part of the person through whom he claims, shall hold that land free from all encumbrances, liens, estates and interests whatsoever except such as may be registered or notified in the land-register, but subject to —

(a)

any subsisting exceptions, reservations, covenants and conditions, contained or implied in the State grant or State lease thereof;

(b)

any subsisting easement or public right of way which was in existence at the date on which the land was brought under the provisions of this Act and any right on, above or under any land created before or after the commencement of this Act in favour of a public authority under any statute and any statutory easement implied under sections 98, 99, 101, 102 and 104;

(c)

any statutory obligation as defined in section 142;

(d)

the power to correct errors conferred on the Registrar by section 159;

(e)

the power to rectify the land-register conferred upon the court by section 160;

(f)

the rights of any person in occupation of the land under a tenancy when the proprietor became registered as such, provided that —

(i)

the term of the tenancy when created before the commencement of this Act did not exceed 3 years and could not have been extended by exercise of an option of renewal to exceed an aggregate of 3 years; and

(ii)

the term of the tenancy when created after the commencement of this Act does not exceed 7 years and could not have been extended by exercise of the option of renewal to exceed an aggregate of 7 years; and

(g)

the power conferred on the court to make a declaration in respect of any transfer or an order to rectify the land-register and the power conferred on the Registrar to suspend or cancel the registration of the transfer and any relating instrument by section 24 of the Residential Property Act [Cap. 274] in respect of any residential property (the expressions “transfer” and “residential property” to have the meanings assigned by that Act).

(2)

Nothing in this section shall be held to prejudice the rights and remedies of any person —

(a)

to have the registered title of a proprietor defeated on the ground of fraud or forgery to which that proprietor or his agent was a party or in which he or his agent colluded;

(b)

to enforce against a proprietor any contract to which that proprietor was a party;

(c)

to enforce against a proprietor who is a trustee the provisions of the trust;

(d)

to recover from a proprietor land acquired by him from a person under a legal disability which was known to the proprietor at the time of dealing; or

(e)

to recover from a proprietor land which has been unlawfully acquired by him in purported exercise of a statutory power or authority.

(3)

Nothing in this section shall confer on a proprietor claiming otherwise than as a purchaser any better title than was held by his immediate predecessor.

(4)

For the purposes of subsection (1), “public authority” includes any corporation sole or body corporate incorporated under any written law.

Read in full context — Land Titles Bill →