Land Titles Act 1993 · 2020 Revised Edition · Part 15 · Statutory Acquisition and Sale
144. Sale of land for revenue or rates
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Where registered land is sold under —
registered land
“registered land” means land which has been brought under the provisions of this Act by being included in a folio;
Part 2 of the Land Revenue Collection Act 1940; or
section 39 of the Property Tax Act 1960,the Collector or the Comptroller of Property Tax (as the case may be) may execute a transfer in the approved form, and neither the purchaser of the land nor the Registrar need be concerned to inquire whether the provisions of the relevant Act relating to the sale or transfer have been complied with, nor otherwise to inquire into the regularity or validity of the sale or transfer.
Upon registration of that transfer, the land vests in the transferee for the estate therein set forth, freed and discharged from all trusts, obligations, estates, interests, charges and rates that have not been entered in the memorandum of prior encumbrances in the transfer, but subject to any subsisting exceptions, reservations, covenants and conditions contained or implied in the State title.
land
“land” means —(a)the surface of any defined parcel of the earth, so much of the subterranean space below and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or(b)any parcel of airspace or any subterranean space whether or not held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed with the Authority, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,and where the context so permits, 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;
Where the existing certificate of title for the land is not presented with the transfer, the Registrar must cancel the existing folio and must create a new folio in favour of the transferee.
Section 14(1), (2) and (4) of the Land Revenue Collection Act 1940 does not apply to transfers pursuant to this section.