ROTD and registration practice

Types of Land
•
•
•
Role of Land Registry
•
•
o
o
o
Land Registry - Main functions:





o
•
•
o
•
o
•
Registration services
Electronic land-register
o
o
o
o
o
Integrated Land Information Services – INLIS PLUS
•
•
•
•
•
STARS e-Lodgment System





Document Imaging Processing System (DIPS)

o
o


POINTS OF CONTACT
•
•
 •
•
•
1. How To Do A Property Search

•
•
•
•
•
•
•

2. Lodgments

•
For lodgment of caveats, Orders of Court, MC Charge
For lodgement of other documents e.g. discharge of mortgages/transfers
•
Lodgment of Instruments and Caveats
Additional fee for instruments which are not in order for registration
55.
b
b
S 426/2004, wef 15/07/2004
S 426/2004, wef 15/07/2004
Common Objections Raised for Instruments and Caveats
3. Transfers
• 
•
•
•
Salient Particulars Entered in an Instrument by a Lawyer and which are Certified by Him
•
•
•
•
Particulars of acquiring party to be disclosed in instruments
9.
•
• whether he is or is not a permanent resident
•
joint tenants
equal shares
•
•
Proprietor must execute instrument
56.
•
•
•
•
•
 •
Attestation and proof of execution
57.
•
•
•
Common Objections Raised For Instruments
material amendment
1. Certificate of Correctness
2. Non-production of Requisite/Supporting Documents
3. Powers of Attorney
4. Certificate of Title/ Duplicate Lease not Forwarded
5. Stamp Duty Certificate
6. Non-compliance with the Provisions of the Residential Property Act
7. Description of Land
8. Date
9. Production Form Not in Order
4. Caveats
Particular Requirements for Caveats
•
•
•
•

•
•
•



Caveats may be lodged
115.
Registration of dealings in land
129.
[25/2001]
•
•
•
Withdrawal of caveats
126.
bcde
bcde
•
as hatched in RED on the plan annexed

•

Certifications By Lawyers
•
•
•
•
•
that I have a Practising Certificate issued on XXXXXX
Identification of land (requirements
For description of land and plans to be annexed to caveats and instruments)
1. Whole Lot
2. Development Launched Prior to 20 August 2001
a new land lot or strata lot
not
not
no new land lot/strata lot


3. Particulars to be Shown on Plans
•
•
4. Development Launched On or After 20 August 2001 (pg. 228 & 229)
Obtaining of lot or strata lot number
54A.
[25/2001;30/2003]
5. Need to State Up-To-Date Survey Lot Number in Documents (pg. 230)
6. Land Brought Under the Land Titles Act – First Certificate of Title Issued
will reject all instruments and caveats
7. Land Under the Registration of Deeds Act
will be rejected
8. New Certificate of Title or New Subsidiary Strata Certificate of Title Up-To-Date Volume and Folio Via
Up-To-Date LBS Search Before Lodgment is Advisable
Common Objections Raised For Caveats
1. Description of Land
2. Certificate of Correctness
3. Registered Proprietor
4. ID Number of Caveator
5. Date
6. Non-compliance with the Residential Property Act
purchaser or sub-purchaser
7. Executions
8. Interest Claimed
•
•
9. Certification Statement on Plan
10. Information Required in Connection with the Caveat Lodged by a Purchaser, Sub-purchaser or Option
Holder Not Given
Objection/Amendments
•
•
•
•
•
Additional fee for instruments which are not in order for registration
55.not in order for registration or notification
) refuse to accept the instrument o
require an additional fee to be paid in
accepts any rectification or amendment made to the deficient instrument
bshall be the same amount as the fee specified in the Schedule in respect of that instrumen
b
shall in no case be paid by any party to that instrument if he is represented by a solicitor but shall be paid
by the solicitor for such party.
•
•
Land registration system – 2 main land Regis systems
•
•
-> Common law (deeds) system



o
o not mandatorypriority
 15-year search for good root of title.
o


1. Criteria for Registration

2. Common Objections Raised for Deeds

1. Description of Land
2. Non-compliance with the provisions of the Residential Property Act
•
•
3. Requirements Pertaining to the Registration of Deeds Act
•
Inquiry before registration.
11.
Mode of registration.
5.
c
•
• not acting for the party in whose favour the deed is made
4. Caveats Where Caveator is Claiming as a Purchaser/Sub-purchaser
5. Deeds and Memorials Lodged Not Clear and Unsuitable for Microfilming
-> Land Titles System




o
o
 definitive



Conducting Public Search of Private Titles Under the Singapore Titles Automated Registration Systems
(STARS)
-> Land Titles (Strata) Act











Types of strata developments






LT(S)A does not apply to:




Strata Development Life-cycle – see chart
o Grant of planning approval
o Grant of building approval -
o Licence to sell
o Approval of share values -
o Allocation of strata lots (
o Sale of units
o Searches, lodgment of caveats to protect interest & CPF charges (clients usu will use CPF to buy)
-- Ongoing construction of development/searches, progressive payments --
o Strata subdivision approval –
o Approval of strata title plan (STP)
o Lodgment of application for subsidiary strata certificates of title (SSCTs)
o Issue of SSCTs. MC formed
o Legal completion
o Registers transfers/mortgages or other land documents
Requirements for Registration of Documents
•
•
•
Land identification

•
•
Lot Numbers
•
•
o
o
o
Land Dealings (Approval) Unit

Restrictions on foreign ownership

•
•
•
o
o
o
o Singapore citizensSingapore companiesSingapore societiesall lands
o
•
•
•
•
o foreign company
o foreign persons
Gazette
o Foreign Companies
o
o




Easing of Restrictions – see chart

Before 19 july 19 july 2005
Approval required less than
No approval required

o 
Non-restricted Residential Property
•
o
Gazette
Gazette
•
•
•
•

Requirements Of The Residential Property Act Which Apply To Transactions Under The Land Titles Act,
Land Titles (Strata) Act And Registration Of Deeds Act
•
•
•
•
•
•
•
•


 

•
 natural person
 body corporate
 unincorporated body
•

company


 to certify






Qualifying Certificate
o
o
o
o
o
Private Property Transactions
o

HDB Flats Transactions

o
o

Number of Title Documents Issued


Electronic Searches

Purcahser’s caveats

Property Price Index of Residential Properties
