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Article 2.2.1 Purpose

(a) Scope of Application:

(i) This Chapter governs all dealings with land and registrable real property interests within the ICT, including but not limited to sale and purchase transactions, leases, mortgages, common interest community arrangements, easements, and covenants.

(ii) Real property within the territory of the ICT is subject to this Chapter 2.2 in accordance with the ICT Establishment Law.

(iii) Unless otherwise expressly provided in this Chapter 2.2, the general provisions of the ICT Code governing contract law shall apply with necessary modifications to real property transactions.

(b) Interpretation and Definitions for Chapter 2.2:

In this Chapter 2.2 of the ICT Code, unless otherwise required by the context:
caveat means a formal warning registered on the ICT Land Registry by a person claiming an unregistered interest, intended to prevent inconsistent dealings until the interest is resolved.

covenant includes restrictive or affirmative obligations that run with land but excluding any personal right to use or access land that does not run with the land or bind successors in title.

easement means a non-possessory right to use or access another person’s land for a specified purpose, such as access, drainage, or support, and which may run with the land or be personal depending on the terms of registration.

estate or interest includes freehold title, leasehold interests, mortgages, easements, covenants, and severed rights (including air, mineral, exclusion, or development rights).

fraud includes forgery or dishonest conduct by the registered proprietor or their agent in acquiring a registered estate or interest, where they had actual knowledge or were wilfully blind to the unregistered interest and intended to defeat it by registration.
future estate means a right to possession of real property arising in the future, including remainders, reversions, or executory interests. Future estates created after commencement shall take effect as equitable and not legal interests.

ICT Land Registry means the official electronic register of land title and registrable real property interests maintained or overseen by the Operator (or a body designated by the Operator). The ICT Land Registry constitutes conclusive evidence of title, ownership, and encumbrances in accordance with the principles of the Torrens system, and includes records of freehold estates, leasehold interests, mortgages, severed rights, easements, covenants, and other recognised real property rights within the ICT.

instrument means any digital or electronic document, transaction record, or form submitted to the ICT Land Registry in an approved format for the purpose of registration, amendment, notification, or lodgement. This may include but is not limited to transfers, leases, mortgages, caveats, easements, notices, or strata plans.

land includes estates and interests in land, and any structures, vegetation, minerals, improvements, or other thing of value permanently attached to it.

Land Registrar means the Operator, person, or office appointed or authorised by the Operator to oversee the ICT Land Registry (as applicable).

Land Registry Compensation Fund or compensation fund means a dedicated fund established under Article 2.2.11 for providing compensation in cases of loss or injustice arising from ICT Land Registry operations, supported by fees, Operator contributions, or insurance mechanisms.
mortgage means a charge over an estate or interest in real property created to secure an obligation to pay money or perform duties.

priority notice means a notice lodged to temporarily preserve the priority of a pending dealing or transaction on the ICT Land Registry for a specified period.

strata plan means a registered plan of subdivision showing units, common property, and any shared infrastructure or governance rules applicable to a strata title scheme.
strata title means a form of subdivided land tenure that allows individual ownership of a unit or lot in a multi-unit development, together with shared ownership of common property as set out in a registered strata plan.

transmission means the passing of title by operation of law (e.g., inheritance, insolvency).

Section
2.2.1
Effective date
2026-04-25
PreviousArticle 2.1.11 Severability and Presumption of ValidityNextArticle 2.2.2 Torrens Title System and Registration Framework
Section: 2.2.1
Effective date: 2026-04-25
Source: https://bruneicity.com/laws/code/2.2.1

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