Residential Property Act 1976 · 2020 Revised Edition · Part 2 · Prohibition on Purchase or Acquisition of Residential Property by Foreign Persons
20. Presumption by Registrar
Feedback & supportThe Registrar may presume that every instrument of transfer of land (other than a mortgage, charge or reconveyance) made in favour of a foreign person and lodged for registration with the Registrar is in respect of residential property and that any agreement for sale and purchase of the land was made after 11 September 1973 unless evidence to the contrary is produced to the satisfaction of the Registrar.
Registrar
“Registrar” means —(a)the Registrar of Titles and includes a Deputy Registrar of Titles and an Assistant Registrar of Titles appointed under the Land Titles Act 1993; and(b)where the occasion requires, the Registrar of Deeds and includes a Deputy Registrar of Deeds appointed under the Registration of Deeds Act 1988;
Where any person acquiring an estate or interest in land under any such instrument of transfer employs an advocate and solicitor to act for the person, the Registrar may require the advocate and solicitor to provide an appropriate certificate or certificates in such form or forms as the Registrar may require. Such certificates must be endorsed on the instrument of transfer.
The Registrar has the power to refuse to accept any instrument of transfer for registration or to refuse to complete registration of such instrument —
transfer
“transfer” includes a conveyance, sale, assignment, settlement, declaration of trust, assent, disposition of whatever nature, the vesting of any estate or interest in residential property by an instrument or under a vesting order of court and every instrument capable of vesting any estate or interest in residential property upon registration of such instrument by the Registrar, but does not include a mortgage, charge or reconveyance.
where he or she is not satisfied with the evidence produced in accordance with subsection (1); or
where any certificate required under subsection (2) has not been provided.