What is land

• surface of the earth plus building, subterranean (below) and airspace (above)
• easements & covenants
• reasonably necessary for use and enjoyment

Chattels & Fixtures

• Fixture = chattel so affixed therefore become part of the land/buildings
  • Factors to consider:
    1. The Degree of Annexation = must be fastened/connected
    2. The Object of Annexation = for better enjoyment of the land
• Tenant has no rights to remove fixture
• Chattel = Fitting, movable eg. Aircon

Lot Number

• 30 Town Subdivision (TS) - city area
• 34 Mukim (MK) - outer region
• SLA issues lot numbers = land lots
  • Strata lot: Prefix U
  • Accessory lot: Prefix A
  • Airspace: 70,000 series
  • Subterranean: 80,000 series
  • Format AADD-[UA]DDDDDDA
    • eg. MK27-U31314K = MK 27, strata lot, check sum K
• legal description of land is not the address of the property, but the MK/TS and lot num

Estates in Land

• Estate (Time)
  • A person does not own land, but the rights over a segment of time
  • eg. Freehold, leasehold
• Tenure (Conditions)
  • Like tenants, with set of conditions
  • HDB has more conditions
• Freehold
  • Grant in Fee Simple (GFS), Grant or Indenture
  • Perpetuity, subject only to the State’s right to forcefully acquire
  • No longer granted by State
• Estate in Perpetuity = Statutory Land Grant (SLG)
  • Another type of freehold
  • Right of the State to search for and take any mineral oil
• Temporary Occupation Licences (TOLs) eg. Pasar Malam
  • Renew monthly/yearly
• Encumbrance eg. outstanding mortgages, unpaid property taxes, deed restrictions
  • restriction on property which can inhibit its transfer
• Lease = grant exclusive possession
  • Lessor = landlord, lessee = tenant
  • Tenant can exclude landlord from entering premises
• License
  • Has no rights or interest, cannot exclude anyone from premises

Land Betterment Charge

• Tax on the increased in land value due to change of use
• Streamline in 2022 - All pay to SLA
• Replaced Differential Premium etc

Easement

• Rights of Easement = privilege over a property
• Eg. cross neighbour land to access a road because no other path
• Dominant Tenement (Grantee) has privilege over Servient Tenement (Grantor) land
• Affirmative: ST gives right of way
• Negative: ST must not obstruct
• Implied Easements: pillar support, drainage etc
• Extinguishment:
  • By Statute: non-use 12 years
  • Express release
  • Implied release
  • Unity of ownership and possession by one person

Covenant

• Obligation in a deed
• Positive Covenants = payment of money etc
  • Eg. Tenant pay rent
  • Eg. Must build & maintain a fence
• Restrictive Covenants = restriction on the use
  • Eg. Cannot build high near Istana
  • Implied under law ie. State Lands Act
  • Expressly stated in a deed
• Discharged:
  • By waiver
  • By declaration of the court:
    • Obsolete
    • Covenantee agreed
    • The owner advertises in the newspaper of his intention to extinguish -> No objection in 14 days -> apply to High Court
• Lasts for 20 years

Registration of Titles

• Why need register?
  • Principle of priority
  • Identify various interest
• 2 types of title
• Common Law or Deeds Title
  • Under Registration of Deeds Act (RODA)
  • Old system
  • Deduced over the past 15 years (therefore must search 15 years)
• Torrens Title
  • Under the Land Titles Act & Land Titles (Strata) Act
  • Using standard forms instead of deeds - Simpler and efficient
  • Mirror & curtain principal
  • Register mirror land ownership = WYSIWYG
  • Certificate of Titles
  • Qualified Title = caution, subject to the earlier common law title
    • Caution is effective for 5 years, during which risk of getting a defeasible title
    • After 5 years, becomes unqualified
  • Caveats
    • anyone can lodge to protect interest
    • expires after 5 years