34. Issue of new certificates of title
Feedback & supportThe Registrar may create a new folio of the land-register by preparing and registering a new certificate of title in the following cases:
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
where, in the opinion of the Registrar, it is impracticable to make further endorsements on an existing folio;
where the duplicate of an existing folio has been mutilated or defaced or is in such condition that, in the opinion of the Registrar, it should not be delivered;
where, upon registration of a transfer or transmission, the transferee or applicant has become the proprietor of part of the land in an existing folio, or of an undivided share as tenant in common of the whole of the land in an existing folio;
where two or more parcels comprised in one or more folios have been amalgamated and allotted with a survey lot number by the Chief Surveyor;
where the proprietor of an existing folio has lodged the duplicate thereof and has requested the Registrar —
to create a new folio for the land therein comprised;
to create new folios for separate parts of the land therein comprised in accordance with lots in any lawful subdivision or layout; or
to create a new folio comprising contiguous parcels in substitution for two or more existing folios;
in any other case where the Registrar is authorised to issue a new certificate of title.
Upon the creation of a new folio, the Registrar shall cancel the previous folio either wholly or partially as the circumstances may require, and shall indicate thereon the serial number of the new folio or folios and the reason for its cancellation.
Subject to any agreement to the contrary, the proprietor in whose name a new folio is to issue shall, as between him and any person with whom he has dealt, be liable for the cost of creating that folio.
A new folio created pursuant to this section may, if the circumstances so require, be qualified as to boundaries and dimensions, and section 148 shall, mutatis mutandis, apply thereto.
Section 13 of the State Lands Act [Cap. 314], and the covenants or conditions pursuant to that Act prohibiting or restricting the division or partition of land, do not apply to registered land.[30
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;