Part IV Effect of registration of units plans

On and after the registration of the units plan, the parcel is subdivided in the manner specified in the diagrams in the units plan and the boundaries of the units and of the common property shall be ascertained in accordance with those diagrams.

(1) On the registration of the units plan, other than a units plan relating to a completed stage or completed stages of a condominium development:

(a) the person who was the proprietor of the parcel becomes possessed of an estate in fee simple in each unit; and

(b) the corporation becomes possessed of an estate in fee simple in the common property.

(1A) On the registration of the units plan relating to a completed stage or completed stages of a condominium development or estate development:

(a) the person who was, immediately before that registration, the proprietor of that part of the parcel comprised in the completed stage or completed stages becomes possessed of an estate in fee simple in each unit, other than a unit which was, immediately before that registration, held for an estate in fee simple by another person;

(b) a person, if any, who was the proprietor of a unit in the condominium development or estate development immediately before that registration continues to be possessed of an estate in fee simple in that unit subject to the same mortgages and easements to which it was then subject or which were then appurtenant to it;

(c) the corporation becomes possessed of an estate in fee simple in the common property; and

(d) in the case of a condominium development, the developer, as defined in section 26A, becomes possessed of an estate in fee simple in the balance, if any, of the parcel in the condominium development.

(1B) On the registration of a units plan of subdivision creating common property, the corporation becomes possessed of an estate or interest evidenced by the certificate as to title comprising the land the subject of the units plan of subdivision freed and discharged from all mortgages, charges, writs and caveats affecting that land immediately before the registration of that plan.

(1C) On the registration of a notice of conversion, the corporation becomes possessed of the estate or interest in any unit converted into common property evidenced by the certificate as to title comprising the land the subject of the notice.

(2) Subject to subsections (1A) and (1B), the estate of which a person or the corporation, as the case may be, becomes possessed under this section:

(a) is subject to any mortgage referred to in section 8 of the Real Property (Unit Titles) Act 1975; and

(b) is subject to, and has appurtenant to it, the easements created by section 25 of this Act, and any easement referred to in section 8 of that Act.

(1) Subject to section 42B, the corporation shall hold the common property in trust for the persons who are for the time being the members of the corporation as tenants in common in undivided shares proportional to the unit entitlements of their respective units, and, subject to Part IVB, shall afford those persons opportunity for the reasonable use and enjoyment of the common property.

(2) Subject to Part IIIA or section 42A, the estate in the common property held by the corporation is not capable, either at law or in equity, of being transferred, assigned or mortgaged.

(1) In this section:

proprietor, in relation to the common property, means the corporation.

tenement means a unit or the common property, as the case may be.

(2) On and after the registration of the units plan, the proprietor of each tenement (in this section called the dominant tenement) shall be deemed to have over each other tenement (in this section called the servient tenement) such of the rights specified in subsection (3) as are necessary for the reasonable use and enjoyment of the dominant tenement.

(3) The rights referred to in subsection (2) are:

(a) rights of support, shelter and protection afforded by the servient tenement at the time of the registration of the units plan;

(b) rights for the collection, passage and provision of water, sewerage, drainage, garbage, gas, electricity and air, and other services of whatsoever nature (including telephone, radio and television services), through or by means of pipes, wires, cables, ducts, or other reasonable means; and

(c) such ancillary rights as are necessary to make the rights referred to in paragraphs (a) and (b) effective, including rights of entry by the proprietor of the dominant tenement and his agents, servants and workmen at all reasonable times on the servient tenement for the purpose of:

(i) inspecting, maintaining or repairing the servient tenement; or

(ii) inspecting, maintaining, repairing, replacing, renewing or restoring any pipes, wire, cable, duct or other material.

(4) A right created by this section shall be deemed to be an easement appurtenant to the dominant tenement in relation to which it is enjoyed.

(5) An easement created by this section subsists notwithstanding that the same person is the proprietor of both the dominant and servient tenements.

(6) A person exercising a right under an easement created by subsection (3)(b) or (c) is liable to make good any damage done in the course of exercising that right.

On and after the registration of the units plan, an alteration of the schedule of unit entitlement is not capable of being registered unless it is made in pursuance of Part IIIA, section 26U, 26W or 26X or an order of the Tribunal under Part VIII.