The Land Titles Act (the "LTA") has been amended with effect from 15 August 2014 to facilitate more efficient and optimal use of registered land through various changes including the following:
- Empowering the court to create easements, and to vary or extinguish existing easements: The court will be empowered to make orders to vary or extinguish an easement if it is satisfied that: (1) the continued existence of the easement will, unless varied or extinguished, impede the development of the land for public or private purposes without securing practical benefits to the persons entitled to the easement; or (2) the proposed variation or extinguishment will not substantially injure the persons entitled to the easement.
- Shifting burden from property owner to caveator to prove interest: The LTA is amended to improve the remedies available to a property owner in response to a caveat lodged on his property by shifting the burden of disproving the caveat from the property owner to the caveator. This is done by making it a requirement for a caveator to obtain a court order stating that the caveat which he filed is valid, failing which the Registrar of Land Titles will remove the caveat.
- Introducing a new list of dealings that the terms of a caveat cannot override: The LTA will be amended to create two lists of dealings: a mandatory list and a permissive list. A caveator will not be notified of any dealings in the mandatory list even if he were to file a caveat that prohibits all dealings. A "permissive list" will also be created where a caveator can choose whether he wishes to be notified of the dealings in this list.
Related amendments have also been made to the Building Maintenance and Strata Management Act and the Conveyancing and Law of Property Act.