Singapore legislation

Clause 23

of Land Titles Bill

Clause 23

Registrar may bring land approved for subdivision or development under this Act

(1)

Where the owner of any estate or interest in unregistered land has obtained permission under the Planning Act [Cap. 232] or any other written law to develop or subdivide his land before or after the commencement of this Act, he shall, for the purpose of dealing with the unregistered land or any part thereof, produce to the Registrar all the title deeds necessary for deducing a good title to the land.

(2)

The Registrar, on receipt of the title deeds, may —

(a)

give a written direction to the owner of the land to surrender his title to the President for the reissue of a new title;

(b)

bring the land under the provisions of this Act by creating a folio, qualified or unqualified as to title, for the land; or

(c)

issue to the owner a certificate to the effect that this section shall not apply to the title held by him.

(3)

Where the title to the land has been surrendered to the President pursuant to subsection (2)(a), the President shall, upon being satisfied with the title of the owner and on payment by the owner of all costs and expenses of or consequent to the surrender, proceed with the alienation of the appropriate estate of the land in accordance with the terms of the surrender.

(4)

Sections 8 to 16 shall, mutatis mutandis, apply to any land alienated by the President pursuant to subsection (3).

(5)

Upon the creation of a qualified folio for the land under subsection (2)(b), the Registrar shall cancel any conveyance relating to the land comprised in that folio.

(6)

Section 19(10), (11) and (12) shall, mutatis mutandis, apply to the land comprised in the qualified folio issued under this section.

(7)

On the production to the Registrar of Deeds of a certificate issued by the Registrar pursuant to subsection (2)(c), an assurance of the whole or any part of any land referred to in such a certificate may be registered under the provisions of the Registration of Deeds Act [Cap. 269].

(8)

Subject to subsection (1), where any unregistered land comprises any subdivided building or where the owner has notified the Registrar in writing that any building to be erected thereon is intended to be dealt with in parts after subdivision approval therefor has been granted under the Planning Act [Cap. 232], the Registrar shall —

(a)

proceed under subsection (2)(a); or

(b)

proceed under subsection (2)(b),except that in any case where the Registrar is unable to proceed under paragraph (a) or (b), he may, in his discretion, proceed under subsection (2)(c).

(9)

This section shall not apply to —

(a)

a leasehold title having an unexpired term of less than 10 years on the date the title deeds are produced to the Registrar pursuant to subsection (1); or

(b)

unregistered land where permission for the subdivision of any building erected thereon was granted by the authority for the time being charged with the responsibility of controlling or supervising the subdivision of land and an assurance of part of that subdivided building was registered under the provisions of the Registration of Deeds Act before 15th May 1968 except where the whole of the estate in the unregistered land comprising the subdivided building has wholly become vested or subsequently vests in the same proprietor at any time on or after 15th May 1968, this section shall apply to that unregistered land.

(10)

Subject to subsections (2)(c) and (9) —

(a)

no assurance of any unregistered land or any part thereof to which subsection (1) applies shall be registered under the Registration of Deeds Act [Cap. 269]; and

(b)

upon receipt from the competent authority under the Planning Act [Cap. 232] of a notice in writing or of an approved plan relating to the grant of permission to develop or subdivide any unregistered land or building, the whole or part of which is dealt with under any assurance, the Registrar of Deeds may refuse to register that assurance when presented for registration.