Title to legal estates and interests created by certificates of absolute and indefeasible title

(1) From and after the commencement of this Act and except in respect of national land, the creation or transfer in law of, (a) an estate in fee simple absolute in possession, (b) a term of years absolute, and (c) any easement, right or privilege in or over any land equivalent to an estate in fee simple shall be effected, (i) in case of registered land by the issue of a certificate of title under and in 30 accordance with Part III of the General Registry Act, Cap. 327; and (ii) in the case of unregistered land by the recording of the title deed thereto under and in accordance with Part VI of the General Registry Act, Cap. 327, Provided that a certificate of title shall not be issued in respect of a term of years absolute unless the estate thereby created or transferred is for a term of ten years or upwards. (2) The certificate of title to the legal estate, interest or right in or over any land shall confer upon the registered proprietor, (a) the right against all the world to peaceable possession of the land for the estate, interest or right conferred by the certificates; (b) subject to the provisions of any statute and to any legal estates and interests, charges and encumbrances noted on the certificate of title, the absolute right to the use and enjoyment of the land against all the world for the estate, interest or right conferred by the certificate; and (c) subject to the provisions of any statute and to any legal estates and interests, charges and encumbrances noted on the certificate of title, the absolute right of disposition of the land against all the world by will or dealing inter vivos. (3) A registered title to land under Part III of the General Registry Act, Cap. 327, subject to all estates, interests, charges 31 and encumbrances noted on the certificate of title to the land, shall be an absolute and indefeasible title. (4) In this section, “absolute and indefeasible” implies that a certificate of title issued by the Registrar under Part III of the General Registry Act, Cap. 327 and the estates, interests, charges and encumbrances noted thereon by the Registrar cannot be challenged in any court of law on the ground that some person, other than the person named therein as the registered proprietor, is the true legal owner of the land therein set forth, or that the estates, interests, charges and encumbrances in the notings thereon are not estates, interests, charges and encumbrances on the said land, except where it is proved to the court that, (a) fraud was committed in respect of the issue of the certificate of title, or the noting of such estates, interests, charges or encumbrances; or (b) the title of the registered proprietor had been superseded by a later title acquired under section 42 of this Act or barred by the Limitation Act, Cap. 170, in favour of the person making the challenge. (5) In this section, “land” includes the appurtenances thereto.