Land Law Concepts Cheat Sheet for RES Exam Revision

Real property refers to land and anything permanently attached to it, while personal property consists of movable items. In Singapore, all land is held under a leasehold system (99-year, 999-year, or freehold estates). Freehold estates provide ownership in perpetuity, while leasehold grants possession for a specified term. Key distinction: legal ownership (registered title holder) versus equitable ownership (beneficial interest holder). The doctrine of estates establishes that you own rights to land, not the land itself. Bundle of rights includes possession, use, exclusion, disposition, and enjoyment. Remember: Singapore operates under a Torrens system of land registration, making the register conclusive evidence of ownership. For RES exam purposes, understand that statutory land (state land) comprises approximately 90% of Singapore's territory, with most residential properties held on 99-year leases from the Singapore Land Authority.

Fee simple absolute in possession is the highest form of ownership interest, closest to absolute ownership. Leasehold estates are classified by duration: fixed-term (specific period), periodic (week-to-week, month-to-month), tenancy at will (terminable by either party), and tenancy at sufferance (holdover tenant). Critical thresholds: leases exceeding 7 years must be registered under the Land Titles Act. 999-year leases are treated similarly to freehold for practical purposes. Statutory freehold exists for specific properties grandfathered under older regulations. Reversionary interest refers to the landlord's right to repossess at lease end. For HDB flats, the 99-year lease starts from the date the land was acquired by HDB, not from your purchase date. Calculate remaining lease: original lease commencement minus current year. Properties with less than 60 years remaining lease face financing restrictions from most banks.

Legal interests are enforceable against the whole world and must be created by deed (except short leases). Equitable interests arise from equity principles and are generally enforceable against everyone except a bona fide purchaser for value without notice. Key legal interests: easements (right to use another's land), restrictive covenants (limitations on land use), mortgages (security interest), and leases over 7 years. Equitable interests include beneficial interests under trusts, estate contracts, and options to purchase. The doctrine of notice (actual, constructive, or imputed) determines enforceability. Overriding interests bind registered proprietors even without registration. Caveats protect equitable interests by preventing dealings. Remember: under Singapore's Land Titles Act, registration confers indefeasibility – registered interests generally cannot be challenged except for fraud. Priority is determined by registration order, not creation date.

Apply the two-part test from Holland v Hodgson (1872): (1) degree of annexation and (2) purpose of annexation. Fixtures become part of the land and transfer with property sale; chattels (fittings) remain personal property. Degree of annexation: items attached by nails, screws, or cement are presumed fixtures; items resting by own weight are chattels. Purpose test (more important): was the item attached to enhance the land permanently or for temporary enjoyment? Examples of fixtures: built-in wardrobes, air-conditioning units, kitchen cabinets affixed to walls, bathroom fixtures. Examples of chattels: freestanding furniture, curtains, potted plants, removable appliances. Tenant's fixtures: trade fixtures, ornamental fixtures, and agricultural fixtures may be removed before lease end if removal causes no substantial damage. Always specify fixture/fitting inclusion in the Option to Purchase to avoid disputes. The Sale of Goods Act applies to chattels, while land law governs fixtures.

Joint tenancy features four unities: possession, interest, title, and time, plus right of survivorship (property automatically passes to surviving joint tenant). Tenancy-in-common requires only unity of possession; co-owners hold distinct shares (equal or unequal) that pass to their estates upon death. Severance converts joint tenancy to tenancy-in-common through: (1) notice in writing, (2) mutual agreement, (3) course of dealing, or (4) bankruptcy. Singapore presumes tenancy-in-common for business properties and when purchase contributions are unequal. For HDB flats, married couples typically hold as joint tenants. Section 53(1) Housing and Development Act restricts certain HDB ownership arrangements. Critical for exam: joint tenancy avoids probate as property doesn't form part of deceased's estate. Partition action under Section 18 Supreme Court of Judicature Act allows co-owners to force sale. Document ownership type clearly in title deed.

An easement grants one landowner (dominant tenement) specific rights over another's land (servient tenement). Four essential characteristics from Re Ellenborough Park (1956): (1) dominant and servient tenements, (2) easement benefits dominant land, (3) different ownership, (4) right capable of forming subject matter of grant. Common easements: right of way, right of light, right of support, right of drainage. Creation methods: (1) express grant by deed, (2) implied grant (necessity, common intention), (3) prescription (20 years continuous use in Singapore), (4) statute. Positive easements allow action (crossing land); negative easements prevent action (blocking light). Easements run with the land and bind successive owners. Must be registered as encumbrances on title. Distinguish from licenses (personal permission, revocable) and profits à prendre (right to take resources). Cannot be too vague or require servient owner's expenditure.

Singapore's Torrens system under the Land Titles Act (Cap 157) provides indefeasibility of title – registered proprietor's title cannot be challenged except for fraud, forgery, or void instruments. Three types of land: (1) alienated land (private ownership), (2) state land (government-owned), (3) reserved land (public purposes). Registration confers paramount title – first registration extinguishes prior unregistered interests. Caveats protect interests: lodgement caveat (equitable interest), statutory caveat (under specific acts), private caveat (contractual). Instruments requiring registration: transfers, mortgages, leases exceeding 7 years, easements. Priority determined by registration timestamp, not execution date. Assurance Fund compensates those suffering loss from registration system errors. Qualified title indicates potential defects; possessory title based on adverse possession. Remember: electronic lodgement is mandatory for most transactions. Marketable title requires clear title search showing no encumbrances except those disclosed.

Restrictive covenants are obligations limiting land use that run with the land. Must be (1) negative in nature, (2) benefit identifiable dominant land, (3) touch and concern the land, (4) intended to bind successors. Common examples: no business use, no structural alterations, building height limits, architectural style requirements. Enforceable in equity under Tulk v Moxhay (1848) principles. Distinguish from positive covenants (require action/expenditure) which don't automatically bind successors. State title conditions imposed by Singapore Land Authority are binding and registered on title. Planning Permission under Planning Act (Cap 232) required for development; check Master Plan and Development Control Guidelines. Conservation areas have additional restrictions. Strata titles subject to by-laws under Building Maintenance and Strata Management Act. Breach remedies: injunction (prevent violation) or damages. Always conduct title search to identify registered restrictions affecting property use and development potential.

Essential memorization checklist: (1) 7-year threshold for lease registration, (2) four unities for joint tenancy, (3) two-part fixture test (annexation + purpose), (4) four easement requirements from Re Ellenborough Park, (5) 20-year prescription period, (6) 60-year remaining lease for bank financing, (7) 99-year HDB lease commencement date, (8) 75% passing score (60/80 questions). Key statutes: Land Titles Act, Planning Act, Housing and Development Act, Building Maintenance and Strata Management Act. Focus on Singapore-specific applications – the Torrens system, state land predominance, HDB regulations. Practice distinguishing legal vs equitable interests, fixtures vs chattels, joint tenancy vs tenancy-in-common, easements vs licenses. The Prepare app offers 253 practice questions specifically on Land Law Concepts plus comprehensive coverage across all 13 RES exam topics, helping you identify knowledge gaps and build exam confidence through targeted revision.