Unit Titles Amendment Act 2014

Link to law: http://www.palemene.ws/new/wp-content/uploads/01.Acts/Acts%202014/Unit-Titles-Amendment-Act-2014-Eng.pdf

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
rangement of Provisions

1. Short title and commencement
2. Long title amended
3. Section 2 amended
4. Section 5 amended
5. Section 6 substituted
6. Section 7 substituted
7. Section 8 amended
8. Section 9 amended
9. Section 10 amended
10. Section 11 substituted
11. Section 12 amended
12. Section 14 amended
13. Section 20 amended
14. Section 21 amended
15. Section 22 amended
16. Section 23 repealed
17. Section 32 amended
18. Section 34 amended
19. Section 40 amended
20. Section 41 amended
21. Section 42 amended
22. Section 48 amended
23. Section 49 amended
24. Sections 50, 52 and 54
amended
25. Section 57 amended
26. Section 58 repealed
27. Consequential amendment


__________

2014, No. 12

AN ACT to amend the Unit Titles Act 2009 (“principal Act”). [7
th April 2014]

BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:



2 Unit Titles Amendment 2014, No. 12

1. Short title and commencement-(1) This Act may be cited
as the Unit Titles Amendment Act 2014.
(2) This Act commences on the date the principal Act
commences.

2. Long title amended - In the long title of the principal Act,
for “the issue of computer folio certificates of title” substitute
“creation of folios of the Register”.

3. Section 2 amended - In section 2 of the principal Act:
(a) insert the following definitions in their correct
alphabetical order:

““approval” means approval by the Chief Executive Officer
pursuant to the Survey Act 2010;
“licensed valuer” has the meaning given to it under the
Land Valuation Act 2010;”;

(b) repeal the whole definitions of “recognised valuer” and
“supplementary record sheet”; and
(c) in the definition of “unit plan” for “deposited” substitute
“approved”.

4. Section 5 amended - In section 5 of the principal Act:
(a) for subsection (1), substitute:

“5. Subdivision effected when plan approved-(1) The
subdivision of land so as to provide for units shall be effected
by approval under the Survey Act 2010 of a plan that:
(a) specifies the units in relation to the building on the
land; and
(b) complies with the Survey Act 2010; and
(c) complies with any other requirements as may be
determined from time to time by the Chief
Executive Officer, or required by the Chief
Executive Officer in relation to any particular
unit plan.”; and



2014, No. 12 Unit Titles Amendment 3

(b) for subsection (5), substitute:

“(5) When a unit is leased, mortgaged, settled or otherwise
dealt with, it must be described in the instrument evidencing
the transaction as Unit No… in Unit Plan No….”.

5. Section 6 substituted - For section 6 of the principal Act,
substitute:

“6. Restriction on approval of plan-(1) Subject to
subsection (2), the Chief Executive Officer may approve a
unit plan under the Survey Act 2010 if:
(a) the land to which the plan relates is held in one folio
of the Register; and
(b) the land to which the plan relates is the whole of the
land in a folio of the Register; and
(c) written consent (either personally or by an agent
duly authorised in writing, to the plan being
deposited) has been given by any or all of the
following -
(i) for leased land, the lessor; or
(ii) the registered proprietor of any
mortgage or charge affecting the land or part
of it; or
(iii) any caveator whose caveat against
the land was lodged with the Registrar
before the application for approval of the
plan; and
(d) the development consent for the unit plan has been
issued under the Planning and Urban
Management Act 2004; and
(e) the Ministry responsible for Public Works, has
certified that the building shown on the unit plan
has been erected in accordance with the
Regulations and Building Code under the
Ministry of Works Act 2002.
(2) Subsection (1)(a) and (b) does not prevent a plan being
approved where one folio of the Register can properly be
issued for the land to which the plan relates.


4 Unit Titles Amendment 2014, No. 12

(3) The approval of the Chief Executive Officer, when
endorsed on a unit plan, shall have effect to:
(a) approve, for the purposes of the survey provisions of
the Survey Act 2010 and Part III of the Lands,
Surveys and Environment Act 1989 (as the case
requires), survey definitions incorporated in the
plan; and
(b) approve, for the purposes of this Act and the Land
Titles Registration Act 2008, the definitions of
all the units and common property shown on the
plan; and
(c) render the plan the property of the Government.”.

6. Section 7 substituted - For section 7 of the principal Act,
substitute:

“7. Relationship with other Acts - Nothing in this Act
derogates from the Ministry of Works Act 2002 or the Planning
and Urban Management Act 2004.”.

7. Section 8 amended - In section 8(2) of the principal Act, for
“deposited” substitute “approved”.

8. Section 9 amended - In section 9 of the principal Act:
(a) in subsection (1), for “deposit” substitute “approval”;
and
(b) for subsection (2) substitute:
“(2) An easement or restriction referred to in subsection (1)
is to be noted on the folio of the Register for the common
property and, in the case of an easement to which the land is
subject, the easement is to be shown on the unit plan.”.
9. Section 10 amended - For section 10(1) and (2) of the
principal Act substitute:
“(1) On the approval of a unit plan, the Registrar shall
cancel the existing folio of the Register for the land and create
a new folio of the Register for each unit estate, either in
freehold or leasehold, in all of the units shown in the unit plan.


2014, No. 12 Unit Titles Amendment 5

(2) The Registrar shall enter a memorial of:
(a) all unsatisfied mortgages, leases and other estates
and interests, outstanding or otherwise, together
with any caution, caveat or writ, to which the
land is subject at the time of approval of the
unit plan; and
(b) in the case of a minor or a person under any other
legal disability holding the unit estates of any
units shown on the unit plan, state the
particulars of that disability so far as the
Registrar has notice or knowledge of it,
in the relevant folio or folios of the Register for the units, in
such manner as to preserve their priority.”.

10. Section 11 substituted - For section 11 of the principal Act
substitute:

“11. Common Property-(1) Upon the approval of a unit
plan, a common property in the plan vests in the body
corporate for the estate or interest in the land the subject of that
plan, subject to any caution, but freed and discharged from any
mortgage, charge, lease, writ, caveat or other dealing affecting
that land immediately before registration of the plan.
(2) The Registrar shall create a folio of the Register for the
estate or interest of the body corporate in any common property
in the unit plan.
(3) The proprietors of all the units are beneficially entitled
to the common property as tenants in common in shares
proportional to the unit entitlement in their respective units.
(4) Nothing in subsection (3) affects the interests among
themselves of the proprietors of the unit estate in an individual
unit.
(5) While the same person can be the proprietor of more
than one unit, subsection (3) applies as if there were a different
proprietor of each unit.
(6) The body corporate may:
(a) sell or lease part of the common property; or
(b) grant an easement over the common property or part
of it.”.


6 Unit Titles Amendment 2014, No. 12

11. Section 12 amended - For section 12(3) of the principal
Act substitute:

“(3) If the folio of the Register for a principal unit includes
an accessory unit, an interest in that principal unit, shall not be
sold, leased, mortgaged or otherwise dealt with except in a
disposition, or dealing which includes the accessory unit or a
corresponding interest in the accessory unit.”.

12. Section 14 amended - In section 14 of the principal Act:
(a) for subsection (1) substitute:

“(1) On the approval of a unit plan, a body corporate is
created and is the body corporate for the unit title scheme
created by the approval of that unit plan.”.
(b) in subsection (2), for “deposit” substitute “approval”.
13. Section 20 amended - In section 20 of the principal Act:
(a) in subsection (1), for “deposited under the Land Titles
Registration Act 2008” substitute “deposited under
the Survey Act 2010”; and
(b) for subsection (3) substitute:

“(3) The Registrar shall register a transfer to which
subsection (1) applies by entering an appropriate memorial
relating to the transfer on the folio of the Register for the
common property. ” .
14. Section 21 amended - In section 21 of the principal Act:
(a) for subsection (1) substitute:
“(1) Land which is transferred, free from any registered
mortgage, charge, lease, or sublease or any other deal ing
to the body corporate of a unit plan, may be included in the
subdivision to which the unit plan relates as part of the
common property if the transfer contains, or has endorsed on
the plan or annexed to it, a request by the body corporate that
purports to be given under any unanimous resolution of the
body corporate so to do, and:


2014, No. 12 Unit Titles Amendment 7

(a) if a unit estate in freehold exists in the units shown
on the plan, the transfer is of an estate in fee
simple in the land to which it relates; or
(b) if a unit estate in leasehold exists in the units shown
on the plan, the transfer is of an estate as lessee
from the lessor of the land already included in
the subdivision under a lease for the remaining
period, on the same terms and conditions (other
than the amount of rent), and containing the
same provisions as the current lease of the land
already included in the subdivision.”; and

(b) for subsection (3)(c) substitute:

“(c) if a transfer has been made under subsection (2),
have endorsed on the plan an amended schedule
of unit entitlements assigned under section
8(1).”; and

(c) for subsection (5) substitute:

“(5) The Registrar shall register a transfer under subsection
(1) or (2) by:
(a) entering a memorial on the existing folio of the
Register for the land the subject of the transfer
and then cancelling that folio; and
(b) entering a memorial on the folio of the Register for
the common property regarding the transfer; and
(c) entering a memorial on the folio of the register for
the common property regarding any easement
that is appurtenant to the land transferred or to
which the land is subject.”.

15. Section 22 amended - In section 22 of the principal Act:
(a) repeal subsections (1) and (2); and
(b) in subsection (3)(c), for “computer folio certificate”
substitute “folio of the Register”; and
(c) for subsection (4) substitute:



8 Unit Titles Amendment 2014, No. 12

“(4) The Registrar shall, when issuing a copy of a previous
unit plan, indicate on the copy the number under which that
previous unit plan has been re-filed.”.

16. Section 23 repealed - Section 23 of the principal Act is
repealed.

17. Section 32 amended - In section 32(3) of the principal Act:
(a) for “prescribed form” substitute “approved form”; and
(b) for paragraphs (d) and (e) substitute:

“(d) cancel the folios of the register for each of the units
and common property; and
(e) enter a memorial of the expiry of the term on the
lease and its counterpart and on the lessor’s
folio of the Register.”.

18. Section 34 amended - For section 34(4) of the principal
Act substitute:

“(4) On the deposit of a declaration under subsection (1) or
(2)(b), if the Registrar is satisfied that the unit estates in
leasehold in all of the units shown on the plan have merged
under the provisions of this section with the reversionary estate
in the land, the Registrar shall:
(a) cancel the folios of the Register for the unit estate
in leasehold in each of the units and the
common property; and
(b) create folios of the Register for the unit estate in
freehold in each unit to the person entitled to it
under subsection (3); and
(c) create a folio of the register in freehold for the
common property; and
(d) cancel the lease; and
(e) cancel the lessor’s folio of the Register.”.

19. Section 40 amended - In section 40 of the principal Act,
for “prescribed form” substitute “approved form”.



2014, No. 12 Unit Titles Amendment 9

20. Section 41 amended - In section 41(7) of the principal Act:
(a) for “prescribed form” substitute “approved form”; and
(b) for “supplementary record sheet” substitute “folio of the
Register for the common property”.

21. Section 42 amended - In section 42(1) of the principal Act,
for “mortgage” substitute “mortgagee”.

22. Section 48 amended - In section 48 of the principal Act:
(a) for subsection (1) substitute:

“(1) On re-development, an application shall be made to the
Chief Executive Officer for approval under the Survey Act
2010 or a plan of re-development, being a new unit plan.”; and

(b) in subsection (3), for “accepted by the Registrar for
deposit” substitute “approved by the Chief
Executive Officer”;
(c) in subsection (3)(d), for “recognised” substitute
“licensed”;
(d) in subsection (4), for “recognised” substitute “licensed”;
(e) in subsection (6), for “accepted by the Registrar for
deposit” substitute “approved by the Chief
Executive Officer”;
(f) for subsection (7) substitute:

“(7) On the approval of a plan of redevelopment and the
registration of any necessary transfers, the Registrar shall:
(a) cancel the existing folios of the Register to the units
affected by the redevelopment; and
(b) create a separate folios of the Register pursuant to
the plan of redevelopment for the units affected
by the redevelopment.”.

23. Section 49 amended - In section 49 of the principal Act:
(a) in subsection (2), for “prescribed form” substitute
“approved form”;



10 Unit Titles Amendment 2014, No. 12

(b) in subsection (4), for “any supplementary record sheet”
substitute “the folios of the Register for the units
and common property”;
(c) in subsection (6), for “issue a computer folio certificate”
substitute “create a folio of the Register”;
(d) repeal subsections (9) and (10).

24. Sections 50, 52 and 54 amended - In sections 50(2), 52(3)
and 54(3) of the principal Act, for “supplementary record sheet”
substitute “folio of the Register for the common property”.

25. Section 57 amended - For section 57 of the principal Act:
(a) renumber the current provision as subsection (1); and
(b) add the following subsection:

“(2) If no form is prescribed under subsection (1)(d), the
Chief Executive Officer may approve forms for the purpose of
this Act.”.

26. Section 58 repealed - Section 58 of the principal Act is
repealed.

27. Consequential amendment - Section 5(1)(m) of the Land
Titles Registration Act 2008 is repealed.

__________
The Unit Titles Amendment Act 2014 is administered
by the Ministry of Natural Resources and Environment.