Rule 16 – Documents to accompany application for registration of ownership of leasehold interests

 (1) An application by the original lessee for registration with good leasehold title of the ownership of a leasehold interest, to which Rule 19(3) or 19(4) does not apply, shall, unless the Authority otherwise directs, be accompanied by the lease or grant and an application map, unless the application otherwise sufficiently identifies the property on the registry map. 

(2) Except in cases to which sub-rule (1) or Rule 19(3) or 19(4) applies, an application for registration with good leasehold title (where applicable), qualified title or possessory title of the ownership of a leasehold interest, shall, unless the Authority otherwise directs, be accompanied by- (a) a concise statement of the title giving, in chronological order, a summary of the documents and the events and facts on which the applicant’s claim to the leasehold interest is based, commencing with a root of title and which shall form part of Form 2; 

(b) all original deeds and all documents in the applicant’s possession, or under his/her control, relating to the title, including legal opinions, abstracts of title, contracts for and conditions of sale, searches, requisitions and replies, other like documents, and the evidence by affidavit, statutory declaration, or otherwise, proving the facts stated and necessary to be proved to establish the title to be registered; 

(c) an application map, unless the application otherwise sufficiently identifies the property on the registry map; 

(d) a schedule in duplicate of all documents lodged with the application. 

(3) Where the applicant, as authorised by these Rules, relies on legal opinion in support of his/her title, the statement of title required by this rule need not be lodged. 

(4) An application for registration with absolute title of the ownership of a leasehold interest, shall, unless the Authority otherwise directs, be accompanied by such documents as are required by this rule in respect of the leasehold interest, together with such documents and proof of the freehold estate and any intermediate leasehold interest as are required in an application for registration with absolute title of such estate and interests. 

(5) An application for registration of the ownership of a right, other than an incorporeal hereditament held in gross, to which Rule 19(3), 19(4) or 22 does not apply, shall, unless the Authority otherwise directs, be accompanied by the following documents- (a) where the application is by or on behalf of the original grantee and registration with an absolute title is not required, the grant and an application map, unless the application otherwise sufficiently identifies the property on the registry map; 

(b) except in cases to which sub-paragraph (a) applies, the documents specified in sub-rule (2)(a), (b) and (d) and where registration with title absolute is required, such documents and proof of the freehold estate and any intermediate estate or interest as are required in an application for registration with absolute title of such estate and interests. 

(6) The Authority shall not be on notice of any matter disclosed in any document lodged which bears a date prior to the date of the document identified as the root of title.