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Of titles for condo-owners
23/08/1992 SUM

ON reality condo-owners have to live with is that they will not get the title to their homes or investments for some years due to the long delays in the issuance if strata title.

Without title they will have to rely contractual documents for their rights to their condos. What does this actually mean and what are its implications to you?

Unlike the purchase of a link or terrace house, semidetached or bungalow, the purchase of a condo, like an apartment, involves the transfer of rights and not of land. What you have basically purchased is the rights to your condo under the S & P.

All your rights, pending the issuance of strata title, will be in that contract documents alone. It is the document that proves ownership of rights to the condo vis-a-vis the developer, which is very different from actually owning the condo vis-a-vis the entire world. To actually own the condo itself, you will have to await the issuance of strata title.

The purchase of a condo is different from a house. The entire piece of land which the condominium complex sits on is usually in the name of the developer or joint-venture partner.

Each condo will therefore not have its own land title. However, once the condominium is fully built the developer is obliged to apply for strata title for each condo. Currently, it will take more than few years before any strata title is issued.

Thus if you have bought or decided to buy a condo you will have to settle for your rights being under the S & P only and not a deed of title for some years. What are the implications of this?

"Protection" is the word that leaps into the mind. What happens if after purchasing the condo, you find another family living there when you try to move in. The developer made a mistake and sold the same condo twice.

Certainly you can take legal action against the developer but it still leaves the question as to who owns the condo. Your ownership is indeed contested by the other family.

This would not have happened with a title property since the Land Office would only issue one title and your name by being inserted in it proves ultimate ownership.

This is the major reason for the superiority of having title to the condo.

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