Common
Objections Raised for Caveats
Note: Amendment of an Instrument pursuant to any of these objections
is considered a "material amendment"]
1. Description of Land
Technical Requirements for Identification of Land
Land cannot be identified:
(a) Wrong lot/strata lot number/Mukim/Town Subdivision number.
(b) Wrong Certificate of Title reference.
(c) Dead lot - lot subdivided or amalgamated.
(d) Land brought under the Land Titles Act.
2. Caveatee/Caveator - Address for Service
Although
a caveatee is mentioned, his name and address for service of notice
in Singapore are not stated.
3. Registered Proprietor
Name
of the registered proprietor is wrong.
4.Caveatee
(a) If there is
no caveatee named in the Caveat, solicitors should not state that
the caveator is also claiming against the estate and interest of the
caveatee. The words in the caveat form which are not applicable are
to be deleted.
(b) Relationship
between:
caveator and caveatee; and
caveator and registered proprietor omitted.
5. Interest Claimed
(a) Interest
claimed is not an interest in land. For example, claiming under
a judgement debt or for liquidated damages under an agreement which
has been rescinded,
(b) Interest
claimed is inconsistent with the grounds of claim.
(c) Interest
claimed not clearly stated.
(d) Caveat describes
a claim against a limited interest, for example, against a subsisting
lease notified on a Certificate of Title. Yet the land shown in
the Description of Land is the whole land comprised in the Certificate
of Title.
6. Prohibition
Clause
Two
types under section 115. Caveat should state only one prohibition
clause
7.
Executions
(a) Caveat not
executed.
(b) Execution
not attested.
Pursuant to section 57, the following presumptions will be made
where a caveat is apparently not attested.
Where a Caveat
is executed in Singapore, that it has been duly executed in the
presence of the solicitor who signed the Certificate of Correctness;
or
Where
a Caveat is executed outside Singapore, that the solicitor who signed
the Certificate of Correctness has satisfied himself that the execution
of that instrument was attested.
Note:
The presumptions will not apply if the solicitor who signed
the caveat is also the same solicitor who gave the Certificate of
Correctness.
(c) Solicitor's
name not stated in the Execution Clause
8. Date
(a) Document
not dated.
(b) Document post-dated.
(c) Date incomplete
9. Certificate
of Correctness
(a) Certificate
of Correctness not signed.
(b) Certificate
of Correctness not given.
(c) Solicitor's
name not shown in the Certificate.
(d) New
form of Certificate of Correctness for Land Titles Documents - Section
59 of the Land Titles Act 1993.
When using the new form of Certificate of Correctness, solicitors
are required to incorporate the heading "CERTIFICATE OF CORRECTNESS"
as follows:
"CERTIFICATE
OF CORRECTNESS
I, the Solicitor
for the Caveator, hereby certify that this instrument is correct
for the purposes of the Land Titles Act.
Name & Signature of Solicitor for the Caveator".
10. Information required in connection
with the caveat lodged by a purchaser or sub-purchaser not given
(a) Purchase
price.
(b) Date of contract/exercise of option.
11. Non-compliance
with the Residential Property Act
The
following particulars not given for a caveator who is a purchaser
or sub-purchaser:
(a) Natural Person
Citizenship status.
NRIC Number / Unique Identification Number / Foreign Identification
Number / Passport Number and Place of Issue.
Permanent resident status if the caveator is not a Singapore citizen.
(b) Corporation
Place of Incorporation.
Registration Number of company assigned by the Registry of Companies.
(c) Unincorporated Body
Place of Formation.
Registration Number assigned by the relevant government authority
in Singapore.
12.
Extension of Caveat
(a) An Extension
of Caveat must claim for the same interest against the same estate
as that in the earlier caveat. The prior caveat must still be subsisting.
(b) The following
particulars in the Extension of Caveat must be correctly entered:
i. Certificate of Title reference or registration number of
lease affected; and
ii. Description of land, ie land lots, plot or flat description.
13. Lodgement Form
Same lodgement form used although the Caveats affect
properties owned by different proprietors
14. Others
(a) Name of caveator
as stated in the caveat is different from that stated in the plan.
(b) Unit described
in plan is different in Caveat.
(c) Floor level
for strata unit not quoted.
(d) Certification
Statement not given / solicitor's name omitted in the Certification
Statement on the plan.
(e) Document
not suitable for microfilming
Documents lodged for registration must be clear and suitable for
microfilming for public search. Sometimes the documents lodged are
photocopies of photocopied forms where the additional information
is typed in. These documents with blurred wording will not be accepted
for registration.
NOTE
The common objections and examples are listed. However, it is not
possible to list all objections.
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