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Recovery of contributions from sale of immovable property

Sentosa Development Corporation Act 1972

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—(1) Where any contributions and interest thereon levied under section 24 remain unpaid at the end of 90 days after the Corporation has served on the owner of the immovable property a written demand for the payment of the contributions, the contributions and any interest accrued thereon constitute a charge on the immovable property upon lodgment of an instrument of charge by the Corporation with, and the registration of the instrument by, the Registrar.(2) Upon registration of the instrument of charge by the Registrar —(a)the Corporation has, subject to subsection (3), the power of sale and all other powers relating or incidental to that power as if the Corporation were a registered mortgagee; and(b)the contributions and interest owing to the Corporation are subject to all statutory charges of any public authority over the immovable property and to all encumbrances registered or notified prior to the date of lodgment of that instrument of charge, except that where a prior registered mortgagee or chargee has sold the immovable property in exercise of the mortgagee’s or chargee’s power of sale, the registered charge of the estate or interest of the immovable property when transferred to a purchaser by the mortgagee or chargee must not be overreached by the exercise of the power of sale by the mortgagee or chargee of a prior registered mortgage or charge.(3) The Corporation must not exercise its power of sale under subsection (2)(a) unless —(a)a resolution has been passed by the Corporation to have the immovable property sold;(b)a notice of the intended sale approved by the Registrar has been published once in one or more daily newspapers, as may be determined by the Registrar;(c)during the period of 6 weeks after the date of the publication specified in paragraph (b) no payment has been received for the contributions due including interest thereon and for the cost of publication as well as any other necessary incidental charges; and(d)there is no legal action pending in court to restrain the Corporation from proceeding with the sale.(4) Where a transfer of any immovable property has been made by the Corporation in the exercise of its power of sale conferred by this section and the transfer is lodged with the Registrar for registration —(a)the Registrar must not accept the transfer for registration unless the following documents are lodged at the same time:(i)a certified true copy of the resolution of the Corporation authorising the exercise of its power of sale with the seal of the Corporation affixed thereto and authenticated in accordance with section 3(6);(ii)a copy of every publication containing the notice mentioned in subsection (3)(b);(iii)a statutory declaration made by the Chief Executive stating that the unpaid contributions and interest thereon and all necessary incidental costs and expenses owing to the Corporation as of the date of the contract of sale of the immovable property have not been paid and that there is no legal action pending in court to restrain the Corporation from proceeding with the sale of the immovable property; and(b)neither the person who purchased the immovable property from the Corporation nor the Registrar must inquire into the regularity or validity of the sale or transfer.(5) Where an instrument of charge has been registered against any immovable property under this section, the owner of the immovable property is, upon payment of the amount of contributions and interest and any necessary incidental charges owing to the Corporation before it has exercised its power of sale conferred by this section, entitled to an instrument of discharge executed and acknowledged by the Corporation as to the receipt of the payment.(6) Upon registration of the instrument of discharge or, in the event of the Corporation refusing to execute a discharge, an order of court declaring that the immovable property is to be discharged from the charge, the immovable property is freed from the charge constituted under this section.(7) For the purpose of the registration of a charge, discharge or transfer under this section, the Registrar may dispense with the production of the relevant duplicate certificate of title.(8) Despite section 74 of the Land Titles Act 1993 and section 16 of the Registration of Deeds Act 1988, where further contributions are due to be paid to the Corporation after the instrument of charge has been registered under this section, the contributions due, including interest thereon, rank in priority to any other claims as if the contributions and interest were owing to the Corporation at the date of the registration of the charge.(9) A charge under subsection (2) continues in force until all contributions including interest thereon secured by the charge have been paid.(10) This section does not affect any rights and powers of the Corporation to recover the contributions and interest owing to the Corporation, including any legal costs and incidental charges necessarily incurred for the recovery of those contributions, in respect of any immovable property as a debt from the owner of, or the owner’s successor in title to, the property.(11) In this section —“public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily;“Registrar” means the Registrar of Titles appointed under the Land Titles Act 1993.[18G

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