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RES exam question on Land Law: Ben and Clara own a condominium unit as tenants in common in equal shares

HardBasic Land Law: Estates & Registration of Title · Paper 1

Ben and Clara own a condominium unit as tenants in common in equal shares. Their relationship has ended; Ben wants to sell, and Clara refuses. The unit is worth about $1.5 million, and $400,000 is still owed on their joint mortgage. Which of the following statements is/are correct? (i) Ben has an absolute right to an order that the unit be sold and the proceeds divided. (ii) The court may order a sale instead of partition and divide the proceeds according to their shares. (iii) Ben may not deal with his half share at all without Clara's written consent. (iv) Once a sale is ordered, the court may direct someone to sign the transfer if Clara refuses.

  1. A(i), (ii) and (iv) only
  2. B(ii), (iii) and (iv) only
  3. C(i) and (iii) only
  4. D(ii) and (iv) only
Show answer & explanation

Answer

D. (ii) and (iv) only

Explanation

Answer: (ii) and (iv) only. Sale is a court discretion with consequential directions, not a right, and Ben's share is his own to deal with.(ii) True. The court may order a sale instead of partition, and sale with division by share is the usual order.(iv) True. The court may give consequential directions, including directing someone to execute the transfer.Rule: The court may order partition, or a sale instead, where necessary or expedient, with consequential directions. It is a discretion, not a right.Source: Supreme Court of Judicature Act 1969 s 18(2) and First Schedule para 2 (sso.agc.gov.sg, current version at 1 October 2026); Su Emmanuel v Emmanuel Priya Ethel Anne (Court of Appeal)

Why the other options are wrong

  • (i) False. There is no absolute right. The court weighs the parties' relationship, the property and the prejudice to each side.
  • (iii) False. A tenant in common's share is his own. Ben may deal with his undivided half without Clara's consent, though buyers for half a flat are rare.

Study the concept behind this question: Joint Tenancy vs Tenancy-in-Common (Singapore)

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