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Conditions & Restrictions in Interest - Coggle Diagram
Conditions & Restrictions in Interest
Types
Express conditions
Appear on the document
of title
Section 120
Applies specifically to that
particular land
Implied conditions
Do not appear on IDT
but stated in Section 114,115,116,117 of NLC
Relate to the category of land
use that the land is subject to
Only to the extent that it is not inconsistent with express conditions
nature of conditions (Sec 103)
requiring continuous performance
subject to a fixed term
EFFECT OF BREACH OF
CONDITION
Section 127 (1A)
The land will be liable to forfeiture
Land Administrator has a choice
of proceeding with either one of the following:
Send notice to fine the registered proprietor under Sec 127(1A)
Send a notice to remedy the breach under Sec 128
Hold and enquiry to forfeit the land under Sec 129. Form 7B will firstly issued by the Land Administrator
RESTRICTIONS IN INTEREST
Section 5
restricts the power of the registered proprietor to deal with his land
Section 120: SA may impose restriction in interest
EFFECT OF BREACH OF
RESTRICTION IN INTEREST
The dealing will not be fit for registration.
Even if registered, the dealing will NOT be indefeasible.