RES exam question on Land Law: The State has acquired the subterranean space deep below Mr Yeo's landed house for…
The State has acquired the subterranean space deep below Mr Yeo's landed house for a rail tunnel. Nothing about support is registered on the folio for his land. His salesperson is asked whether Mr Yeo has any legal right to have his land supported from below. What is the position under the State Lands Act 1920?
- AHe has a right of support once an easement to that effect is registered against the tunnel land
- BAn easement of subjacent support is implied for his land, enforceable without any registration
- CHe has no right of support, as an easement over registered land cannot arise by implication
- DA right of support arises after 20 years of uninterrupted enjoyment of support by his house
Show answer & explanation
Answer
B. An easement of subjacent support is implied for his land, enforceable without any registration
Explanation
Answer: An easement of subjacent support is implied for his land and is enforceable without any registration, under section 10 of the State Lands Act 1920.Watch out: The bar on implied easements is a real rule, but this is the one case it excludes.Rule: Every parcel carries an implied easement of subjacent support from any other parcel able to give it, and is burdened with supporting others. These easements bind without registration.Source: State Lands Act 1920, s 10(1) and (5); Land Titles Act 1993, s 97(1) (Singapore Statutes Online, current version read 1 October 2026)
Why the other options are wrong
- Right arises once an easement is registered: Section 10(5) makes the implied easement take effect and be enforceable without registration or notification.
- No right, as easements cannot arise by implication: Section 97(1) of the Land Titles Act bars easements by implication but expressly excepts section 10 of the State Lands Act.
- Right after 20 years of enjoyed support: Long enjoyment is the prescription route, which is itself barred for registered land.
Study the concept behind this question: Caveats and Registration of Title
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