Singapore legislation
Clause 129
Clause 129
Registration of dealings in land
(1)
Except in so far as it otherwise specifies, a subsisting caveat lodged to protect any estate or interest in land does not prohibit the registration or notification of any of the following dealings or instruments in respect of the same estate or interest in the land:
a transfer of land in favour of the Government by way of surrender for the purpose of reissuing one or more new titles;
an instrument of vesting pursuant to compulsory acquisition under section 143;
a transfer of land sold under section 144;
a transfer or lease executed by a mortgagee or chargee, or a registered mortgagee, or a registered chargee, under a mortgage or charge registered or notified and subsisting prior to the lodgment and notification of the caveat in the land-register, in pursuance of a power of sale or lease contained in the mortgage or charge or conferred on the registered mortgagee or registered chargee under this Act;
a discharge of a mortgage or a registered mortgage;
a transfer of a mortgage or a registered mortgage;
a transmission upon death of a registered proprietor, notice of death of one or more joint tenants, a transmission upon a registered proprietor being adjudicated a bankrupt or on the vesting of a corporation’s estate or interest in land upon the effective date of its winding up in the liquidator;
easements or restrictions which are not expressly prohibited by the caveat, or any discharge thereof;
a total or partial release of any easement or a total or partial release or extinguishment of restrictions;
a change in the name of a registered proprietor;
in relation to a lease lodged in registrable form and accepted before the lodgment of the caveat, a dealing effected by the lessee pursuant to a right conferred by the lease or by or under any existing law; and
a dealing effected by a lessee, mortgagee or chargee under a lease, mortgage or charge to the registration of which lease, mortgage or charge the caveator has consented or such lease, mortgage or charge has been made subject to the interest of the caveator as claimed in the caveat, being a dealing relating to the lease, mortgage or charge.
(2)
For the purpose of subsection (1), where the Registrar registers an instrument that —
completely disposes of the estate of the registered proprietor in the land to which the caveat relates, the caveat shall lapse and cease to have any effect; or
does not completely dispose of the registered estate of the registered proprietor in the land, the caveat shall remain in full force and effect after that registration.
(3)
For the purposes of subsection (2), a registration made pursuant to section 107, 110 or 114 shall be deemed not to dispose completely of the estate of the registered proprietor whose estate is transmitted under those sections.
(4)
In this section —
Definition
“mortgage”, “mortgagee” and “mortgagor” are as defined in section 69;
Definition
“mortgage” includes a “sub-mortgage”, “mortgagee” includes a “sub-mortgagee” and “mortgagor” includes a “sub-mortgagor”;
Definition
“registered mortgage” means a mortgage registered under the Registration of Deeds Act [Cap. 269] and notified on the land-register and includes a charge so registered and notified; and a “registered mortgagee” has the corresponding meaning as in section 69.