(1) The title to the
land comprised in a lot is referred to as a strata title .
(2) A certificate of
title must be created and registered for each strata title under the
Transfer of Land Act 1893 .
Note for this subsection:
A separate certificate
of title is not created for common property.
(3) For a leasehold
scheme, the existence of the scheme and its expiry day must be endorsed on the
certificate of title for each strata title for a lot in the scheme.
(4) On registration of
a strata titles scheme or an amendment of a strata titles scheme to give
effect to a subdivision of land, strata titles come into existence, cease to
exist or are varied as necessary to ensure that —
(a)
there is 1 strata title registered for each lot in the scheme or the scheme as
amended; and
(b) the
strata title for a lot confers the rights on the owner of the lot as set out
in this section.
(5) When a new lot is
created and a strata title comes into existence, it vests as follows —
(a) in
the case of a parcel of land that is being subdivided, in the person who is,
immediately before the new lot is created, the registered proprietor of the
land under the Transfer of Land Act 1893 ;
(b) in
the case of a lot that is being subdivided, in the person who is, immediately
before the new lot is created, the owner of that lot;
(c) in
the case of common property that is being subdivided, in the persons who are,
immediately before the new lot is created, the owners of lots in the strata
titles scheme as tenants in common in shares proportional to the unit
entitlements of their respective lots.
(6) If a lot that is
created vests in 2 or more persons, they hold their share in the lot as
tenants in common or as joint tenants in the same manner as they owned the
land or lot and, if they owned it as tenants in common, in the same
proportions as they owned the land or lot.
(7) When a strata
title for a lot in a freehold scheme comes into existence it confers on the
owner of the lot —
(a)
rights as the proprietor of a fee simple estate in the lot under the
Transfer of Land Act 1893 ; and
(b) an
undivided share of the fee simple estate in the common property (other than
temporary common property) as a tenant in common with the other owners of lots
in the scheme, proportional to the unit entitlements of their respective lots;
and
(c) an
undivided share of the temporary common property as a tenant in common with
the other owners of lots in the scheme, proportional to the unit entitlements
of their respective lots.
(8) When a strata
title for a lot in a leasehold scheme comes into existence it confers on the
owner of the lot, subject to Part 4 Division 5 —
(a)
rights as the proprietor of a strata leasehold estate in the lot under the
Transfer of Land Act 1893 ; and
(b) an
undivided share of the strata leasehold estate in the common property as a
tenant in common with the other owners of lots in the scheme, proportional to
the unit entitlements of their respective lots; and
(c) an
undivided share of the temporary common property as a tenant in common with
the other owners of lots in the scheme, proportional to the unit entitlements
of their respective lots.
(9) The owner of a lot
cannot separately deal with or dispose of the owner’s share in the
common property of the strata titles scheme.
(10) A dealing under
the Transfer of Land Act 1893 affecting the owner’s interest in a lot
affects, without express reference, the owner’s interest in the common
property in the same manner and to the same extent.
(11) A strata title is
subject to interests registered or recorded under the
Transfer of Land Act 1893 to the extent that they affect the lot or common
property to which the strata title relates.
(12) The owner of a
lot in a leasehold scheme cannot deal with the strata lease separately from
the strata title.
[Section 13 inserted: No. 30 of 2018 s. 83.]