• Chapter 1 Chapter 1 Creation of folio

    • 28. Creation of folio on the Registrar's initiative

      (1) Upon creating a folio pursuant to section 8(3), the Registrar shall —
      (a) notify the person who, from records available to the Registrar, appears to be the freehold owner of the land; and
      (b) require that person to produce all title documents substantiating ownership of the real property.
      (2) The owner's inability or refusal to produce the documents in subsection (1)(b) does not prevent the Registrar from creating the folio.

    • 29. Creation of folio on primary application: general

      (1) Unless within 180 days after publication of these Regulations the Registrar has made a notification under section 28(1)(a) as to any given lot, the persons listed in subsection (2) shall, on or prior to the first anniversary of the publication of these Regulations, lodge a primary application with the Registrar to create a folio.
      (2) The persons are —
      (a) the person claiming to be the freehold owner of the real property; or
      (b) the persons who collectively claim to be the freehold owners of the real property.
      (3) The persons in subsection (2) may, before lodging the primary application, ask the Registrar to advise whether the Registrar intends to create a folio on the Registrar's own initiative under section 28. If the Registrar replies in the affirmative, those persons need not lodge a primary application.
      (4) A primary application shall be —
      (a) in the form required by the Registrar; and
      (b) accompanied by title documents and other evidence the Registrar may require.
      (5) The Registrar may —
      (a) require the applicant to advertise or otherwise notify persons that the application has been made; and
      (b) refer the application to a legally qualified person to investigate the title of the applicant or applicants.
      (6) If the Registrar determines that the applicant is the freehold owner of the real property, or that the applicants collectively are the freehold owners of the real property or the owner of a leasehold interest, the Registrar shall grant the application by creating a folio.

    • 30. Creation of folio on primary application: units in buildings

      (1) The obligation to lodge a primary application under section 29 applies also in respect of a strata development, where the Relevant Authority has approved the strata plans and the building plans have been approved to the extent required by the Relevant Authority.
      (2) Where the requirements of subsection (1) are satisfied, the Registrar shall, instead of creating a single folio of the Register for the real property on which the building or buildings comprising the strata development are erected or proposed to be erected, create a folio of the Register for each Strata Lot in the building or buildings as if it were a separate lot, and shall subdivide the lots into sublots to the extent approved by the Relevant Authority.
      (3) Where the Registrar creates a folio of the Register for a Strata Lot, the Registrar shall record in the folio for the applicable Strata Lot that ownership of the Strata Lot may be subject to the benefits and burdens created under the applicable Strata Title Documents.

    • 31. Cancellation of title documents

      On creating a folio on a primary application, the Registrar —

      (a) may cancel all prior title documents or may return them to the person from whom the Registrar received them;
      (b) shall not destroy the documents without the consent of the Board; and
      (c) shall in all events maintain copies of all title documents registered or lodged with the Registrar for not less than 6 years.