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  • Ch.29 Land Law
    all land ultimately belongs to the state and other persons can only own an estate or some lesser interest in the land Basically 5 types of grants of land may be made by the state under the State Lands Act estates in fee simple estates in perpetuity leases temporary occupation licences and tenancy agreements 29 3 2 New grants of estates in fee simple the largest possible English estate of indefinite duration are only made in the limited circumstances allowed e g as a regrant after the surrender of an existing estate in fee simple for subdivision purposes An estate in perpetuity a statutory rather than a common law estate is of unlimited duration like the estate in fee simple However such estates are subject to a number of covenants and conditions e g the payment of any applicable rent The leases created under the State Lands Act are also subject to various terms and conditions many of which are similar to those that apply to estates in perpetuity Temporary occupation licences and tenancy agreements are subject to many similar conditions under the State Lands Rules e g the Collector of Land Revenue may revoke a temporary occupation licence or determine a tenancy agreement at any time However the temporary occupation licence does not create a tenancy or give exclusive right to possession The main differences between a tenancy agreement with the state and a state lease appears to be the term limit of 3 years and the fact that a tenancy agreement is not considered a disposal of land that requires the President s approval 29 3 3 In general smaller estates or interests may be carved out of larger estates e g the owner of an estate in fee simple may grant a lease of 99 years to a lessee However the creation of some estates or interests may require prior written approval from the relevant authority e g subdivision approval under the Planning Act is required for the creation of certain leases 29 3 4 A further point to note is that if the interest created is not registrable e g an equitable mortgage or does not comply with the applicable prescribed form to enable its registration e g a lease that is not in the form prescribed under the Land Titles Rules it may then only be notified on the land register through the registration of a caveat 1 Strata Title 29 3 5 The Land Titles Strata Act facilitates the ownership of flats and communal living Basically a development or building may be subdivided into strata units that are capable of being separately owned by subsidiary proprietors as well as common areas called common property that are used together with other subsidiary proprietors A strata unit is in effect a defined space that may be below on or above the surface of the land that is marked out on a strata title plan A legal entity called a management corporation is constituted to control as well as maintain the common property The management corporation is funded through contributions made by the subsidiary proprietors who hold the common property as tenants in common in proportion to the share value stated in their subsidiary strata certificates of title 29 3 6 The Land Titles Strata Act facilitates the ownership of flats and communal living Basically a development or building may be subdivided into strata units that are capable of being separately owned by subsidiary proprietors as well as common areas called common property that are used together with other subsidiary proprietors A strata unit is in effect a defined space that may be below on or above the surface of the land that is marked out on a strata title plan A legal entity called a management corporation is constituted to control as well as maintain the common property The management corporation is funded through contributions made by the subsidiary proprietors who hold the common property as tenants in common in proportion to the share value stated in their subsidiary strata certificates of title 1 Abolition of Adverse Possession 29 3 7 The acquisition of title to land through adverse possession was abolished with effect from 1 March 1994 and section 50 of the Land Titles Act provides that no title may be acquired by adverse possession except for the limited cases saved by the transitional provisions of the Act Return to the top SECTION 4 SOME INTERESTS IN LAND A Leases Licences Easements and Restrictions 29 4 1 A lease is basically an estate in land whereby a landowner usually called the lessor or the landlord grants another person usually called the lessee or the tenant the right to exclusive possession and use of his land in return for a monetary consideration called rent The rights and duties of the two parties would be determined by the agreement between them and would usually be reflected in a document called a lease or tenancy agreement 29 4 2 If the term of the lease exceeds 7 years including the extended term allowed by an option to renew it needs be registered under the Land Titles Act in the prescribed form to be effectual see section 45 of the Land Titles Act 29 4 3 If the lease does not exceed 7 years including the extended term allowed by an option to renew it cannot be registered but it may be notified through the registration of a caveat This kind of lease will bind a purchaser of the land provided the lessee is in occupation at the time the purchaser is registered as the proprietor see section 46 1 c vi of the Land Titles Act 29 4 4 A lease that exceeds 7 years not in the prescribed form may also be notified through the registration of a caveat but such a lease can only considered an equitable lease based on an enforceable agreement There are implied powers in favour of lessors in registered leases e g

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/commercial-law/chapter-30 (2016-01-30)
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  • Arbitration
    Speeches Publications Online References Sample Clauses Directory of Law Practices Latest Singapore Rankings Events Upcoming Events Archive Events Archive 2013 Events Archive 2012 Arbitration Display By Year select 2006 2005 2004 1995 1992 1988 Progen Engineering Pte Ltd v Winter Engineering S Pte Ltd 2006 SGHC 224 Decision Date December 8 2006 PT Asuransi Jasa Indonesia Persero v Dexia Bank SA 2007 1 SLR 597 2006 SGCA 41 Decision Date December 1 2006 Government of the Republic of the Philippines v Philippine International Air Terminals Co Inc 2007 1 SLR 278 2006 SGHC 206 Decision Date November 17 2006 PT Asuransi Jasa Indonesia Persero v Dexia Bank SA 2006 1 SLR 197 2005 SGHC 197 Decision Date October 20 2005 Yee Hong Pte Ltd v Powen Electrical Engineering Pte Ltd 2005 3 SLR 512 2005 SGHC 114 Decision Date July 1 2005 Mitsui Engineering and Shipbuilding Co Ltd v Easton Graham Rush and Another 2004 2 SLR 14 2004 SGHC 26 Decision Date February 16 2004 Alexander G Tsavliris Sons Maritime Co v Keppel Corp Ltd 1995 2 SLR 113 1995 SGCA 36 Decision Date April 6 1995 Jeyaretnam Joshua Benjamin v Lee Kuan Yew 1992 2 SLR 310 1992

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/cases-in-articles/arbitration (2016-01-30)
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  • Company
    Free Law Arbitration Cases Statutes Singapore Law Watch Headline News Commentaries Judgments Legislation Notices Directions Continuing Legal Education Resources Media Press Releases Speeches Publications Online References Sample Clauses Directory of Law Practices Latest Singapore Rankings Events Upcoming Events Archive Events Archive 2013 Events Archive 2012 Company Display By Year select 2004 2003 1999 1994 Vita Health Laboratories Pte Ltd and Others v Pang Seng Meng 2004 4 SLR 162 2004 SGHC 158 Decision Date July 29 2004 ECRC Land Pte Ltd v Ho Wing On Christopher and Others 2004 1 SLR 105 2003 SGHC 298 Decision Date September 26 2003 Wah Yuen Electrical Engineering Pte Ltd v Singapore Cables Manufacturers Pte Ltd 2003 3 SLR 629 2003 SGCA 23 Decision Date May 28 2003 Ng Heng Liat and Others v Kiyue Co Ltd and Another 2003 4 SLR 218 2003 SGHC 62 Decision Date March 22 2003 Chew Kong Huat and Others v Ricwil Singapore Pte Ltd 2000 1 SLR 385 1999 SGCA 90 Decision Date December 30 1999 Kumagai Zenecon Construction Pte Ltd and Another v Low Hua Kin 2000 2 SLR 501 1999 SGHC 313 Decision Date November 30 1999 Re Genesis Technologies International S Pte Ltd 1994

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/cases-in-articles/company (2016-01-30)
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  • Conflict of Law
    Events Archive 2013 Events Archive 2012 Conflict of Law Display By Year select 2005 2004 2003 2002 2001 1999 1997 1996 1995 1994 1992 1991 1977 The Rainbow Joy 2005 3 SLR 719 2005 SGCA 36 Decision Date July 20 2005 Ang Ming Chuang v Singapore Airlines Ltd Civil Aeronautics Administration Third Party 2005 1 SLR 409 2004 SGHC 263 Decision Date November 24 2004 The Hyundai Fortune 2004 4 SLR 548 2004 SGCA 41 Decision Date September 9 2004 Burswood Nominees Ltd formerly Burswood Nominees Pty Ltd v Liao Eng Kiat 2004 2 SLR 436 2004 SGHC 64 Decision Date April 1 2004 Civil Aeronautics Administration v Singapore Airlines Ltd 2004 1 SLR 570 2004 SGCA 3 Decision Date January 14 2004 Evergreen International SA v Volkswagen Group Singapore Pte Ltd and Others 2004 2 SLR 457 2003 SGHC 142 Decision Date June 27 2003 WSG Nimbus Pte Ltd v Board of Control for Cricket in Sri Lanka 2002 3 SLR 603 2002 SGHC 104 Decision Date May 13 2002 Hong Pian Tee v Les Placements Germain Gauthier Inc 2002 2 SLR 81 2002 SGCA 17 Decision Date March 21 2002 Star City Pty Ltd fka Sydney Harbour Casino

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/cases-in-articles/conflict-of-law (2016-01-30)
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  • Contract
    Law Watch Headline News Commentaries Judgments Legislation Notices Directions Continuing Legal Education Resources Media Press Releases Speeches Publications Online References Sample Clauses Directory of Law Practices Latest Singapore Rankings Events Upcoming Events Archive Events Archive 2013 Events Archive 2012 Contract Display By Year select 2005 1999 Chwee Kin Keong and Others v Digilandmall com Pte Ltd 2005 1 SLR 502 2005 SGCA 2 Decision Date January 13 2005 MP Bilt

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/cases-in-articles/contract (2016-01-30)
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  • Equity and Trusts
    Judgments Legislation Notices Directions Continuing Legal Education Resources Media Press Releases Speeches Publications Online References Sample Clauses Directory of Law Practices Latest Singapore Rankings Events Upcoming Events Archive Events Archive 2013 Events Archive 2012 Equity and Trusts Display By Year select 2010 2009 2007 2005 2004 2003 2002 2001 2000 1999 1998 1996 1995 1994 1993 1992 1991 1987 George Raymond Zage III and another v Ho Chi Kwong and another 2010 2 SLR 589 2010 SGCA 4 Decision Date February 10 2010 Zim Integrated Shipping Services Ltd and others v Dafni Igal and others 2010 2 SLR 426 2010 SGHC 8 Decision Date January 11 2010 Ng Eng Ghee and others v Mamata Kapildev Dave and others Horizon Partners Pte Ltd intervener and another appeal 2009 3 SLR R 109 2009 SGCA 14 Decision Date April 2 2009 Yuen Chow Hin and another v ERA Realty Network Pte Ltd 2009 2 SLR R 786 2009 SGHC 28 Decision Date February 5 2009 Lau Siew Kim v Yeo Guan Chye Terence and another 2008 2 SLR R 108 2007 SGCA 54 Decision Date November 30 2007 Asian Corporate Services SEA Pte Ltd v Impact Pacific Consultants Pte Ltd and Others 2005 4 SLR 61 2005 SGHC 138 Decision Date August 4 2005 Lee Tat Development Pte Ltd v Management Corporation of Strata Title Plan No 301 2005 3 SLR R 157 2005 SGCA 22 Decision Date April 12 2005 QBE Insurance International Ltd v Winterthur Insurance Far East Pte Ltd 2005 1 SLR R 711 2005 SGHC 11 Decision Date January 24 2005 Chwee Kin Keong and others v Digilandmall com Pte Ltd 2005 1 SLR R 502 2005 SGCA 2 Decision Date January 13 2005 MAE Engineering Ltd v Fire Stop Marketing Services Pte Ltd 2005 1 SLR 379

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/cases-in-articles/equity-and-trusts (2016-01-30)
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  • Income Taxation
    ADR Publications Laws of Singapore Overview Commercial Law Case Law Cases in Articles Free Law Arbitration Cases Statutes Singapore Law Watch Headline News Commentaries Judgments Legislation Notices Directions Continuing Legal Education Resources Media Press Releases Speeches Publications Online References Sample Clauses Directory of Law Practices Latest Singapore Rankings Events Upcoming Events Archive Events Archive 2013 Events Archive 2012 Income Taxation Display By Year select 2008 2006 2000 1994 1986 Comptroller of Income Tax v VJ 2009 2 SLR 91 2008 SGHC 224 Decision Date December 1 2008 Comptroller of Income Tax v IA 2006 4 SLR 161 2006 SGCA 24 Decision Date August 3 2006 T Ltd v Comptroller of Income Tax 2006 2 SLR 618 2006 SGCA 13 Decision Date March 30 2006 Comptroller of Income Tax v HY 2006 2 SLR 405 2006 SGCA 7 Decision Date March 7 2006 Pinetree Resort Pte Ltd v Comptroller of Income Tax Decision Date September 6 2000 Comptroller of Income Tax v GE Pacific Pte Ltd 1994 2 SLR 690 1994 SGCA 73 Decision Date July 1 1994 Mount Elizabeth Pte Ltd v Comptroller of Income Tax 1986 SLR 421 1986 SGHC 35 Decision Date September 5 1986 Display 5 10

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/cases-in-articles/income-taxation (2016-01-30)
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  • Intellectual Property
    Statutes Singapore Law Watch Headline News Commentaries Judgments Legislation Notices Directions Continuing Legal Education Resources Media Press Releases Speeches Publications Online References Sample Clauses Directory of Law Practices Latest Singapore Rankings Events Upcoming Events Archive Events Archive 2013 Events Archive 2012 Intellectual Property Display By Year select 2009 2008 2007 2005 2004 2003 2001 2000 1999 1998 1994 1993 1991 1985 Wing Joo Loong Ginseng Hong Singapore Co Pte Ltd v Qinghai Xinyuan Foreign Trade Co Ltd and Another and Another Appeal 2009 2 SLR 814 2009 SGCA 9 Decision Date March 2 2009 Louis Vuitton Malletier v City Chain Stores S Pte Ltd and Another Matter 2009 2 SLR 684 2009 SGHC 24 Decision Date January 29 2009 Virtual Map Singapore Pte Ltd v Singapore Land Authority and another application 2009 2 SLR R 558 2009 SGCA 2 Decision Date January 6 2009 Obegi Melissa and Others v Vestwin Trading Pte Ltd and Another 2008 2 SLR 540 2008 SGCA 4 Decision Date January 28 2008 Man Financial S Pte Ltd formerly known as E D F Man International S Pte Ltd v Wong Bark Chuan David 2008 1 SLR 663 2007 SGCA 53 Decision Date November 29 2007 Amanresorts Limited and Another v Novelty Pte Ltd 2008 2 SLR 32 2007 SGHC 201 Decision Date November 27 2007 Nagasima Electronic Engineering Pte Ltd v APH Trading Pte Ltd 2005 2 SLR 641 2005 SGHC 59 Decision Date March 29 2005 McDonald 039 s Corp v Future Enterprises Pte Ltd 2005 1 SLR 177 2004 SGCA 50 Decision Date November 3 2004 Ong Ah Tiong v Public Prosecutor 2004 1 SLR 587 2004 SGHC 11 Decision Date January 27 2004 Asia Business Forum Pte Ltd v Long Ai Sin and Another 2003 4 SLR 658 2003 SGHC 187 Decision

    Original URL path: http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/cases-in-articles/intellectual-property (2016-01-30)
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