1: Intro and Background Sources of Law • Parliament / Legislature • Cases or precedents Reception of English Law (East India Company) • Second Charter of Justice • Application of English Law Act Court Structure • Subordinate ! High ! Appeal • Small claims < 10,000SGD • Magistrate < 100,000SGD • District 100 – 250K • High > 250K

2: Concepts and Title Real Estate • Finite • Indestructible • Immovable • Heterogenous All Land Belongs to the State Types Freehold • Fee Simple • Estate in Perpetuity (has conditions) Leasehold • Limited duration (30 – 999 years) Berstein of Leigh (Baron) v Skyviews and General Ltd (1978) – Definition of air space Legal Definition of Land • The surface of any defined parcel of

earth • All substances thereunder • So much of the column of airspace

above (reasonably necessary for use and enjoyment)

• Fixtures Quic quid plantatur solo, solo cedit – Whatever is attached to the land becomes part of the land Buyer gets to keep the item

Fixtures • Degree of annexation • Purpose of annexation (did it

enhance value of property?) Holland v Hodgson (1872)

3: Rights and Interests in Land • Covenants • Easements • Licence • Natural Rights Covenants • Personal promise made under deed • Negative / Positive • Privity of contract • Subsequent parties no privity • Only those who have privy to

contract have rights, and bound by it Easements • Rights over the land of another • Incorporeal hereditaments • Embedded and inherent on the land

regardless of subsequent buyers • Must be expressly created, implied

out of necessity or by Statute 1. Must be a dominant and servient

tenement 2. Must accommodate the DT 3. DT and ST must be separate hands 4. Must be capable of forming the

subject matter (be specific) Natural Right • Automatically from ownership of land Xpress Print v Monocraft Pte Ltd “Use your own property in such a manner as not to injure that of another” Licences • Merely a permission • Privity of contract • Certain duration and purpose

Co-ownership • Joint tenancy • Tenancy in common Joint Tenancy • No words of severance • No indications who owns how much • Right of survivorship

o Interest passes to surviving tenants regardless of will

• 4 unities o Possession o Interest o Title o Time

Women’s Charter • Applies only in married couples • Not gender specific • Order division in such proportions as

the court thinks just and equitable May be severed by • Instrument of declaration • Served on the other joint tenants • No need to be approved • All get same share • Rest of tenants pays the severed his

share • Most likely sever all Tenancy in Common • Equal shares • No right of survivorship (Will takes

place over own share) • Only unity of possession Termination • Death • Sale

4: Background to Planning Law Population surge 1819-1824 along the river Floods, Fires, Polluted water, Epidemic, Stray dogs Overcrowding, Unsanitary, Public health issue, Poor ventilation, Garbage disposal

Limitation to land reclamation • Sea routes of sea ports • Closely placed territorial boundaries • Sand ban by Indonesia • Soft ground • Displacement and settlement

problems URA Act • Concept Plan (Long-term strategic)

o Development Guide Plans –operationalize intention of concept plan

o Review every 10 years o Map the vision of Singapore

long term physical development • Master Plan

o DGPs gazette as Master Plan o Clear guide to landowners on

purpose of land o Reference for development o Zoning and Plot Ratio o Reviewed every 5 years 1. Protection of land needs 2. Utility installation and

infrastructural needs 3. Nature conservation 4. Water-catchment areas

5: Control and Taxation of RE Development

Planning Act No 3 of 1998 Enables URA – control all development of land S12 prohibits • Development • Works in conservation area • Subdivision of land Without written permission from URA

Two aspects • Operations

o Carrying out of building, engineering, mining, earthworks or other operations in, on, over, under land

o Any change in physical characteristics of land

• Any material change in use of building or land

Meaning of Development – PP v Khoor Eng Seng (1993) – Dumping of earth onto land Material Change of Use • 17 Use Classes • Planning permission for change of

use required when o Change from one to another o Do not fall into any class

I. Shop II. Office or commercial school III. Restaurant IV. Health / Amusement centre V. Motor vehicle showroom VI. Theatre VII. Light industrial building VIII. General industrial IX. Special industrial X. Warehouse XI. Convalescent home XII. Child care centre XIII. Community building XIV. Sports & Recreation XV. Nightclub XVI. Pet shop XVII. Community sports and fitness Any proposed change should reference to Master Plan and use does not cause amenity problems White Sites • Give developers greater flexibility • No differential premium as long as

gross floor area not exceeded

3 Possibilities 1. Grant unconditionally 2. Grant subject to conditions 3. Refuse permission

• Public scheme • Excessive development • Not compatible • Not conform with standards

Can appeal to Minister of New Development Development Charge (URA) • Tax on enhancement of land value • Only Freehold • Develop beyond constraints of

Master Plan • Alter use / Add space • Development baseline (Master Plan) • Development ceiling (proposed) • Rates are fixed – review six-monthly Upgrading Premium (SLA) • Leasehold • Lease top-up Differential premium (SLA) • Modify or lift conditions • Leasehold equivalent of Dev charge 6: Land Acquisition for Public Purpose Public necessity greater than private 1959: • Singapore internal self government • Resolve severe housing and

unemployment problems • Cheap wooden housing – fire risk • Built without approval • Increase in population after war • Lack of publicly-owned land hinder

development • HDB – full powers to build

Married Years: • Provision in constitution – no person

should be deprived of property except by law

• Compulsory acquisition = adequate compensation

Breakup: • Provision deliberately excluded • Land Acquisition Act 1966

o Based on Indian LAA 1894 o UK Legal provision

LAA (SLA) • Any public purpose (general interest

of community as opposed to interests of individuals)

• Law Minister opinion, benefit public • Residential, commercial, industrial Acquisition is final and non-questionable Gaulston v Attorney General – Ultra vires • Acquire more than needed • Govt decides what is public purpose Basco Enterprises Pte Ltd v Soh Siong Wah • Stamford House • Acquired under urban development • Resold by URA to be preserved • Urban development = rebuild +

conserve KFC Pte Ltd v Attorney General • Govt can acquire even as reversioner Compensation Collector’s Inquiry • Award made by Collector of Land

Revenue under IRAS • Can appeal to Land Acquisition

Appeals Board Payable to all interested persons Pegged at retrospective date Higher tax needed to give higher compensation Disregard • Degree of urgency • Disinclination to part with the land

2-year Rule • Disregards improvements made

within 2 years 7-year rule • Disregards any increase in value

attributed to govt infrastructural works within 7 years

Set-off provision • Set off increase in value with

reduction in value • Tan Chuan Park Condo $1 Case Ex-gratia • Useful prior to April 2007 (removal of

alternative dates and 2,7-year rules • Out of goodwill • Case-by-case basis to owners who

suffered severe hardship

7: LA for Private/ Sale and Purchase • Gift

o Intervivos – between living people o Testamentary succession – Will

Inheritance (Family Provision) Act – Court can vary a will where financial provisions have not been made

o Intestate succession • Succession • Joint Venture • Sale and Purchase

o Government Land Sales or o Private agreement

Two stages – Contract & Completion Contract • Offer • Acceptance

o Absolute & Unqualified o Unconditional

• Consideration o Bargain / Exchange

• Intention to create legal relations • Formality

o Parties, Property, Price, Provision

Option to Purchase • Buyer deposit cash or property • Non-refundable 1% (9% more if

exercise option - refundable) • 14 days • Irrevocable offer (seller cannot

retract) • Conditional contract (seller cannot

force) • “Subject to satisfactory requisitions” Terms of Contract – Express & Implied Vitiating factors • Misrepresentation • Incapacity (drunk, underage) • Illegality (foreigner) • Duress and Undue Influence • Mistake (Chwee Kin Keong and

Others v DigilandMall.com Pte Ltd “A party who was aware of the error made by the other party cannot claim that there was consensus ad idem (meeting of minds)” Discharge • Performance (stated in contract) • Breach (of terms) • Clause in Contract (allows discharge) • Frustration (could not execute) Remedies – Damages / Performance Transfer of Rights • Exist competing interests • Caveat Emptor!Authoritative source • Land registration system Land Titles Act (SLA) • Torrens System • Certificate of Title • Registrable interests (+ priority) • Curtain and Mirror principle • Indefeasibility of title Stamp Duty • Payable on documents • Anti-speculation measures –

property cooling

Seller’s Stamp Duty • Acquired on or after 14 Jan 2011 • Disposed within 4 years

8: RE Development Vehicles & Developer Statutory Regulation

Accounting and Corporate Regulatory Authority (ACRA) Sole Proprietorship • Owned by one person • S5 Business Registration Act • Not separate entity • Voluntary/involuntary dissolution Partnership • Partnership Act • Arises out of agreement (need not be

in writing) • 2-20 persons • Personal liability • Principal and agent • Any action by one is legally bound to

everyone • Utmost good faith and fiduciary • Unlimited liability • Cannot be sued nor own property Limited Partnership • Limited Partnerships Act • >1 general partner with unlimited

liability • Limited partners with limited liability Private Limited • Companies Act • Veil of incorporation (Saloman v

Saloman & Co Ltd 1987) • No personal liability • Can own property • Can be sued in its own name • Perpetual succession Limited Liability Partnership • LLP ACT 2005 • Partners incorporate - limited liability • Partner held personally liable from

his own wrongful act

Housing Developers (Control and Licensing) Act • LAA ! Housing development • Housing Boom in 1960s • Cowboy developers

o Extract large option fees o No proper quality control o Poor financial accounting o Exorbitant prices

• **Buying unit OFF-THE-PLAN** Housing Developer’s License needed • Housing project >4 units • Mixed project >4 units • Funding project >4 units Duties of Licensed Housing Developer • Separate Project Account for

Installments o Cannot withdraw if bankrupt

• Prescribed forms o Sets out scheme for instalment

payments – progress payments Developers Obligations • Clause 10 Housing Developers Rule

– Accordance to plans and specs • 12-month warranty period –

defect/shrinkage/faults • (April 2012) Mandatory information • Track record • Buyers’ consent to changes • Controls on advertisements • Deadline to hand keys Sale of Commercial Properties Act • Dev free to dictate terms • No completion date specified • No stringent accounting provisions • Use prescribed Option and

Agreement for Sale

9/10: Strata Property & Redevelopment

• Maintenance of common areas • Separate legal titles – Subsidiary

certificate of title

Land Titles (Strata) Act 1967 (SLA) • Purchasers = Subsidiary Proprietor

o His lot + share o Can deal like landed owner o Cannot damage shared stuffs

• Each SP has share value o Voting rights o Service charge contributions o Ownership of common property

• Management Corporation o Separate legal entity o Maintenance, carry out work,

insurance, make by-laws o Elect Management Council (up to

14) • By-laws

o Statutory or Development Management Council • Disclose nature of interest • Act honestly and due diligence • Not use position to gain advantage Termination of Strata • Damage or destruction • Termination by court order • En Bloc Sale En Bloc • 20-30% premium if collective • Changes to Master Plan • Increase plot ratio • Lift building height restriction • Change of land use Land value > Total value of all houses >> Redevelopment potential Impediments • Unanimous Consensus*** • Approval by court Land Titles (Strata)(Amendment) Act 1999 • <10 years 90% • 10 years or more 80% Appointment of Sale Committee Application to Strata Titles Board

Strata Titles Board • Hear application for collective sales • Disputes including common property • Approve applications • Order the sale of development Sale proportion based on Share Value Objections • Within 21 days • Transaction not in good faith o Sale price o Method of distributing o Relationship of purchaser

• Incurred financial loss (sale price cannot cover remaining mortgage)

Tan Hui Peng v Chow Ai Hwa 2006 (Eng Lok Mansions) definition of financial loss Formula for Apportionment Amendments • 2007 – 90% of share values + 90%

of total areas • 2010 – Disclosure of interest and 2-

year restriction period to restart

11/12: RE Financing and Investment • CPF o Can withdraw to make direct

payment or repay housing loan • Own Cash or… MORTGAGE • Debtor – Mortgagor • Creditor – Mortgagee • Freedom of contract • Equity of Redemption – mortgagor

get the title after full payment + might able to extend payment period

• Standard form issued by Mortgagee • Right to insure – ensure borrower

pay • Power of sale – can sell if mortgagor

can’t pay. Have to get Best Possible Price

• Lock-in period – no early termination before certain duration – ensure mortgagee get interests or mortgagor kept changing banks to get low interest rates

Lease – interest in land and irrevocable Licence – permission, revocable, indefinite period Rent Acts protect Lease – rent ceiling Street v Mountford Lease • Exclusive possession • Definite period and commence date • Intention of parties clear • Formalities (must be in writing) • Fixed term, At will, At sufferance Obligations: Covenants • Express or implied

o Must be reasonable reason • Usual ones

o Quiet enjoyment o No derogation from grant

(devalue) o Not to sublet or assign o Repairing obligations o Usage restrictions

Privity of estate • Covenants are assigned to

subsequent hosts REIT • Property owners sell to a special

purpose ehicle • Accumulates wealth via IPO • Money used to buy, develop,

manage • Properties rented out • Dividends from rentals • Focus on distinct type of property Allow public to participate in ownership of real estate Make investments in real estate accessible to small investors

Need to know good tenant mix to ensure got people go to malls Governed by • Securities and Futures Act Cap 289

(2002) • Code on Collective Investment

Schemes under MAS Taxation Income tax (IRAS) • Income Tax Act • Rental income is taxed • All income deposited into Singapore Property Tax • Property Tax Act • Immovable property in Singapore • Paid by OWNER • Based on percentage of annual value

– estimated yearly rent the property can fetch

• Higher percentage on rented

Reception of English Law East India Company – colonising arm in charge of colonising – Sg owned by Johor Sultanate – Legal chaos after buying Singapore – Palm tree Justice – 1826 Second Charter of Justice – Pronounce that English Law take place – formal court structure Will can have words of severance Minimum letting period = 6 months Contractual claim must be within 6 years (vitiating factors) Certificate of Title needed because won’t know conflicting rights just by looking at property

Private Ltd • Memorandum of association • Article of association • Need to submit annual earnings • Need to have general meetings Answering Case Questions 1. Identify legal issue 2. Define the legal issue + principles 3. Apply law to text (describe, apply,

justify) 4. Close the case (in my opinion…) 5. Whole thing can be avoided if… Contract – voluntary – no duress – freedom of contract Mortgages are on standard form • In favour of banks • No negotiation • Owner is in need • Uneven bargaining power >> Protection on mortgagor (equity of redemption + extension) Stages of completion of work • Foundation • Reinforced concrete framework • Brickwalls • Roofing • Ceiling • Temporary Occupation Permit