Land Titles (Strata) Act 1967 · 2020 Revised Edition · Part 3 · Rights and Obligations of Subsidiary Proprietor
24. Vesting of part of common property in Government for roads, streets, road reserves, road widening, drainage reserves or for any other public use as shown on plans approved by relevant authority
Feedback & supportWhere any part of land comprised in the common property of a parcel has been demarcated in any plan approved by the relevant authority for roads, streets, road reserves, road widening and drainage reserves or for any other public use, that part of the common property as demarcated for any of the above purposes becomes vested in the Government upon the registration by the Registrar of an instrument of vesting in the approved form lodged by the public authority.
The Registrar, if satisfied that the instrument of vesting relates to part of the common property as shown in the plan approved by the relevant authority for any of the purposes mentioned in subsection (1) and that the instrument has been duly executed and certified by the public authority, must, notwithstanding that any part of a building within one or more lots is erected on, over or under any part of such common property, register the instrument on the relevant folio of the land-register without production of the duplicate instrument.
Registrar
“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993;
Upon registration under subsection (2), the estate or interest in the part of the common property comprised in the instrument of vesting vests in the Government freed and discharged from all encumbrances and from any subsisting easements.
common property
“common property”, subject to subsection (2), means —(a)in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —(i)not comprised in any lot or proposed lot in that strata title plan; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; (b)in relation to any other land and building, such part of the land and building —(i)not comprised in any non-strata lot; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more non-strata lots within that land or building; or (c)in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:(i)the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;(ii)the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);(iii)any structural element of the building;(iv)the waterproof membrane attached to an external wall or a roof; Examples (a)A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase. (b)An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots. (c)A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot. (d)A central air‑conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances. (e)Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.
On registration of the instrument of vesting, the Registrar must cancel the registration of any mortgage, charge or lease thereby overreached and make the appropriate notification on the relevant folio of the land-register comprising the common property.
The land thereby vested in the Government ceases to be subject to the provisions of the Land Titles Act 1993 and the Registrar must enter an appropriate notification to that effect on the relevant folio of the land-register, and create a new folio for the balance of the common property which remains vested in the subsidiary proprietors.