Land Titles Act 1993 · 2020 Revised Edition · Part 4 · Registration
29. Folios of land-register
Feedback & supportLast amended by an amending law of 2022. 3 amendments in all.
The Registrar must create a folio for any land by making a record of —
a description of the land and of the estate or interest therein for which it is created;
a description of the proprietor for the time being of the estate or interest and such other particulars as the Registrar thinks fit; and
such particulars, as the Registrar thinks fit, of —
other estates or interests (if any) affecting the land;
other information (if any) that relates to the land or any estate or interest therein and is included in that record under this Act or any other written law or an instrument made under such written law; (iii)any notice which the Registrar is required to enter on the land-register in respect of the land, any estate or interest therein or any subdivided lot thereof under the Residential Property Act 1976; and
any encroachment notice issued under section 12 of the State Lands Protection Act 2022 in respect of the land unless the information specified in the encroachment notice is no longer current,and by allocating a distinctive reference to the record so made.
The Registrar may at any time create a new edition of a folio showing only subsisting entries and omitting therefrom all entries that have been determined or have ceased to have any effect.
folio
“folio” means a folio of the land‑register, whether qualified or unqualified as to title;
Where a person is registered as proprietor of a lease registered under this Act, the Registrar may —
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
if the Registrar thinks fit, create a folio or folios for the estate or interest of that person in some or all of the land leased; and
for the purposes of this subsection, require the production to the Registrar of the duplicate lease.
The Registrar may, if he or she thinks fit, create a new folio or new folios for the whole or any part of the land comprised in one or more of the folios.
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;
The Registrar may create a folio in respect of several parcels of land that are not contiguous if, in his or her opinion, the relative positions of those parcels can be sufficiently and conveniently shown on the plan filed with and approved by the Chief Surveyor.
Chief Surveyor
“Chief Surveyor” means the Chief Surveyor appointed under section 3 of the Boundaries and Survey Maps Act 1998;
The Registrar may create a single folio, qualified or unqualified as to title —
for 2 or more parcels of land even though they may be of different tenure; or
for one parcel of land, even if that parcel of land comprises land of different tenure.
Except as otherwise provided for in section 43, where, under this Act, the Registrar creates a new folio for land comprised in a previously created folio, he or she must cancel the previously created folio and may, for the purposes of this subsection, require the production to him or her of any certificate of title or duplicate lease.
The Registrar has, and is deemed always to have had, power to cancel in such manner as he or she considers proper any entry or notification in the land‑register that he or she is satisfied does not affect the land to which the entry or notification purports to relate.
The Registrar must maintain a record of all dealings recorded in, or action taken in respect of, a computer folio and such other information (if any) relating to the folio as he or she thinks fit.