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FIFTH SCHEDULE
[Section 4A]

1. Interpretation
2. Mode of making an entry on a document of title under the Computerization System of Strata Titles
3. Forms of documents for Registry title or Land Office title
4.  Plan for strata title to be issued separately
5. Conversion to computer printed register document of title
6. Mode of preparing document of title
7. Possession of a copy of strata titles
8. Conclusiveness of every folio of computer printed register document of title
9. Computer printed document of title to be kept in loose leaf
10. Presentation Record
11. Verification document to be verified
12. Mode of registering instrument
13. New computer printed document of title
14. Conclusiveness of registration

Forms:
Form A ( [Paragraph 1 of Fifth Schedule] VERIFICATION DOCUMENT
Form 2(K) [Subparagraph 5(6) of Fifth Schedule] STRATA REGISTER INDEX
Form 4(K) [Subparagraphs 3(a) and (b) and 5(6) of Fifth Schedule] STRATA TITLE
Form 4A(K) [Subparagraphs 3(a) and (b) and 5(6) of Fifth Schedule] PROVISIONAL STRATA TITLE
Form S(K) [Subparagraph 4(1) of Fifth Schedule] PLAN OF STRATA TITLE

1.  Interpretation


For the purposes of this Schedule—
 

“computer printed document of title” means a document of title prepared by use of a computer;
 

“computer printed register document of title” means a register document of title prepared by use of a computer;

“existing document of title” means a register document of title registered before the commencement of the Computerization System of Strata Titles and includes an issue document of title in respect thereof, if any;

“verification document” means a computer print-out, as in Form A showing part of the former contents and the new contents of a document of title after decision by the Registrar on any matter presented for entering into the computer printed document of title;

“entry” or “enter” in relation to any document of title, includes any endorsement, memorial, note, correction, cancellation or deletion or other entry thereon by use of computer;

“computer” means any device for storing or processing information and includes the necessary input and output and database of a computer;

“matter” means any instrument presented for registration or any order, notification, application or other document presented for entry into the register;
 
“Computerization System of Strata Titles’ means the procedures for the registration of strata titles, the documents required to be prepared thereby and any entry in any document of strata titles through the use of a computer. The System includes both manual and computerized  procedures.


2. Mode of making an entry on a document of title under the Computerization System of Strata Titles
 

For the purposes of this Act, whenever an entry is required to be made on the computer printed document of title by the Registrar, it shall be taken as a requirement that –

(a)  the Registrar makes the entry by use of a computer; and
 

(b) the Registrar prepares a new computer document of title and cancel and destroy the previous version of the computer printed document of titles.

3. Forms of documents for Registry title or Land Office title

For the purposes of this Act, whenever an entry is required to be made on the computer printed document of title by the Registrar it shall be taken as a requirement that—

(a) the computer printed register document of title shall be in Form 4(K) in respect  of a parcel or in Form 4A(K) in respect of a provisional block; and


(b) the computer printed issue document of title shall be in the same form as Form 4(K) or Form 4A (K), as the case may be.

4.  Plan for strata title to be issued separately


(1) The plan of the parcel or provisional block shall be issued to the proprietor in Form S(K).


(2) The Registrar shall keep in the Land Registry a copy of the certified strata plan to which it relates as approved by the Director of Survey under paragraph 13(1)(c). The copy of the certified strata plan shall be duly authenticated under the hand and seal of the Director of Survey.

5. Conversion to computer printed register document of title


(1) Upon the coming into operation of the Computerization System of Strata Titles in a Land Registry, the Registrar shall convert the existing register documents of title to the computer printed register documents of title and shall sign and seal the same.

(2) An existing register document of title shall continue to be in operation and valid for all purposes of this Act until a computer printed register document of title is prepared and signed and sealed by the Registrar.


(3) After the conversion of an existing register document of title, the existing issue document of title in respect thereof shall continue to be in operation and valid for all purposes of this Act until the relevant computer printed issue document of title is prepared and issued to the proprietor.

(4) Any registered proprietor whose strata title comes within the jurisdiction of a Land Registry in which the Computerization System of Strata Titles is implemented may at any time apply for conversion of an existing issue document of title to a computer printed issue document of title by lodging the existing issue document of title at the said Land Registry.

 

(5) The Registrar may on his own accord convert any existing issue document of title without there being an application made under subparagraph (4).

 

(6) In respect of an existing document of title prepared under this Act, the computer printed document of title shall be prepared as in Form 2(K), 4(K) or 4A(K), as the case may be.

(7) In respect of an existing document of title prepared under the previous law, the computer printed document of title shall bear the like titles with the certified strata plan.


(8) Upon the conversion of an existing document of title under the preceding subparagraphs, the Registrar shall—

(a) make a copy of the plan from the existing register document of title to be attached as Form S(K), and shall be duly authenticated under his hand and seal;

 

(b) endorse across the face of the existing register document of title to the effect that the title in question has been converted to the computer printed register document of title; and on the making of such endorsement the existing register document of title shall be deemed to have been cancelled;


(c) call upon the registered proprietor to take delivery of the computer printed issue document of title, provided that where the conversion is effected by the Registrar on his own accord under subparagraph (5), he shall not be obliged to deliver to the registered proprietor the computer printed issue document of title unless the existing issue document of title is produced to him; and


(d) cancel and destroy the existing document of title when submitted to him.

6.  Mode of preparing document of title

Every document of title to be prepared upon registration of strata titles or replacement of a computer printed register document of title shall, under the Computerization System of Strata Titles, be prepared by use of a computer.


7.  Possession of a copy of strata titles

Where a document of title is prepared upon registration of strata title or replacement of a computer printed register document of title, the Registrar shall deliver to the registered proprietor the computer printed issue document of title.

 

8.  Conclusiveness of every folio of computer printed register document of title

For the purposes of sections 15 to 19 of this Act, every folio of a computer printed register document of title is conclusive evidence of the particulars recorded therein.


9.  Computer printed document of title to be kept in loose leaf
 

For the purposes of sections 15 to 19 of this Act, every computer printed document of title registered under this Act, whether upon registration of strata titles or replacement of a computer printed register document of title, shall be kept in loose leaf.


10.   Presentation Record


(1) The Registrar shall maintain a record, to be called the “Presentation Record”, by or through the use of a computer, in which there shall be entered a short description of every matter presented for registration or entry, as the case may be.

 

(2) The Presentation Record shall consist of—

(a) the presentation number given by the computer in respect of eachmatter presented;


(b) the date and time of presentation;


(c) a description of the matter;


(d) in the case of dealing, the name of the person presenting the matter;


(e) the title description of the parcel affected by the presentation; and


(f) a note whether the matter has been registered, endorsed or entered, as the case may be, rejected or withdrawn.

11.  Verification document to be verified

(1) After the Registrar has determined that an instrument is fit for registration in accordance with the provisions of Part III of this Act or that any other matter  shall be entered into the document of title, he shall verify the contents of the verification document and if he finds the verification document to be in order, he shall authenticate the document of title under his hand and seal.


(2) After the Registrar has registered any instrument of dealing or enter any other matter into a computer printed document of title, he shall cause the verification document to be filed.


12.  Mode of registering instrument


For the purpose of section 15 of this Act, the memorial in the term set out in paragraph (2)(b) thereof shall be entered into the computer in respect of the register document of title to which the parcel or provisional block relates.


13.  New computer printed document of title


Upon making the memorial in the manner provided in paragraph 12 where it relates to a dealing or upon determining that any other matter shall be entered into any document of title, the Registrar shall cause a new computer printed register document of title and, where appropriate, a new computer printed issue document of title, to be prepared.

 

14.  Conclusiveness of registration


Every register document of title prepared pursuant to paragraph 13 and authenticated under the hand and seal of the Registrar shall be conclusive evidence of the registration to which it refers and the effective time and date thereof.

 

 

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