Chapter 7.4 - Restraint of Dealings: Trust Caveats

Question 1

TRUST CAVEATS

Overview

Answer 1

1) Nature & effect
2) Function
3) Requirements
4) Procedures for application
5) Procedures for removal
6) Procedures post-removal

Question 2

TRUST CAVEATS

Nature & effect

Answer 2

S.333

Question 3

TRUST CAVEATS

Function

Answer 3

Yeong Ah Chee v Lee Chong Chai:

• protect a claim to an existing unregistrable interest on the land.

Question 4

TRUST CAVEATS

Requirements

Answer 4

In the Bank of Tokyo v Registrar of Titles, Selangor:

• S.344: trustee should register himself as a trustee
• No locus: when a person with no locus lodge TC or the entry is pre-mature, TC can be removed.

Question 5

TRUST CAVEATS

Procedures for application

Answer 5

S.333(2)

Question 6

TRUST CAVEATS

Procedures for removal

Answer 6

S.333(5)

Question 7

TRUST CAVEATS

Procedures post-removal

Answer 7

S.333(6) & (7)