Paper 1Industry and land lawSyllabus 1.3–1.8Lesson
Basic land law
Taught from the slide deck, step by step. Then back to the notes and the question drill.
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Paper 1 starts with land
You cannot sell, lease or mortgage what you cannot name. This section is CEA 1.3–1.8: what land is, how long you hold it, rights over someone else’s plot, and how Singapore registers title.
Coming up
Land is more than the surface
Two tests, not a furniture list
Estate = how long you hold it
Land is more than the surface
Land includes the soil, fixtures attached to it, and the airspace ordinary use needs. The legal description is in the title — a land lot, strata lot, or accessory lot — not in a listing photo.
If it is part of the land, it usually passes with the sale unless the contract carves it out.
Coming up
Two tests, not a furniture list
Estate = how long you hold it
Two plots, or it is not an easement
Two tests, not a furniture list
A fixture is annexed to the land and normally passes to the buyer. A chattel stays with the seller unless agreed. Run degree of annexation (how firmly) and purpose of annexation (why it was fixed).
1 · FixtureWall unitFixed to serve the land. Usually passes.
2 · ChattelSofaPersonal. Stays unless the contract says so.
“Fittings” is industry slang. The exam wants the two tests on the facts.
A wall-mounted air-conditioner was installed to cool this flat. On a sale with a silent contract, what is it usually?
Degree (fixed to the wall) plus purpose (to serve the flat) usually makes it a fixture. Facts can still swing it — that is why CEA loves this trap.
Estate = how long you hold it
Tenure is your relationship with the State. An estate is the slice of time you actually hold. In Singapore a fee simple is an estate in perpetuity. Leasehold (often 99 or 999 years) expires and reverts. A temporary occupation licence is not an estate in land.
Perpetuity vs leasehold is a classification favourite.
Coming up
Two plots, or it is not an easement
Title by registration
A caveat is not a title
Two plots, or it is not an easement
An easement needs a dominant tenement (benefits) and a servient tenement (burdened). A licence is only a personal permission. A restrictive covenant is a negative promise that can bind successors.
DominantBenefits
Easement
ServientBurdened
Licence ≠ lease ≠ easement.
A neighbour lets you park on their driveway “until I need it.” No dominant land is named. What is this?
No two tenements, no easement. Revocable permission with no exclusive possession is a licence.
Title by registration
Torrens under the Land Titles Act: you get title by registration, not by a pile of old deeds. Transfers, mortgages, charges, and leases over seven years go on the register. Priority follows registration.
RegisterCertificate of title
DealingsTransfer · mortgage · long lease
Not titleCaveat warns. It does not own.
A caveat is not a title
A caveat protects an unregistered interest for a limited time. It warns others. It does not make you the owner. Match the property to the document: certificate of title, subsidiary strata certificate, or lease title.
Caveat = notice. Registration = title.
Coming up
How the paper actually asks this
You lodge a caveat over a condo unit. What have you done?
A caveat is a warning flag. Ownership still needs the right registered dealing on the Torrens register.
How the paper actually asks this
First classification (which estate? which document?), then application (does this air-con pass? licence or lease?). Section B chains a tenancy, a mortgage, a family fight — read the whole scenario before part (a).
No negative marking. Then drill the bank for this section.