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.
|