7 - Registrations On Title Deeds

ROTD and registration practice Types of Land

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• Role of Land Registry •

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o o o Land Registry - Main functions:

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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

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How To Do A Property Search

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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

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• • • 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. •

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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 • • • •  •

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•    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

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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    

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o o definitive

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  Conducting Public Search of Private Titles Under the Singapore Titles Automated Registration Systems (STARS) -> Land Titles (Strata) Act

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    Types of strata developments  

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 LT(S)A does not apply to:

    Strata Development Life-cycle – see chart

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Grant of planning approval

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Strata subdivision approval –

Grant of building approval Licence to sell Approval of share values Allocation of strata lots ( Sale of units Searches, lodgment of caveats to protect interest & CPF charges (clients usu will use CPF to buy) -- Ongoing construction of development/searches, progressive payments -Approval of strata title plan (STP) Lodgment of application for subsidiary strata certificates of title (SSCTs) Issue of SSCTs. MC formed Legal completion

Registers transfers/mortgages or other land documents Requirements for Registration of Documents

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• • Land identification

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• Lot Numbers • • o o o Land Dealings (Approval) Unit Restrictions on foreign ownership

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Singapore citizensSingapore companiesSingapore societiesall lands

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foreign company

foreign persons Gazette o Foreign Companies o o    Easing of Restrictions – see chart Approval required No approval required

Before 19 july less than

19 july 2005

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 Non-restricted Residential Property • o Gazette Gazette •

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Requirements Of The Residential Property Act Which Apply To Transactions Under The Land Titles Act, Land Titles (Strata) Act And Registration Of Deeds Act • • • • • • • •  

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natural person body corporate unincorporated body

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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

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