RES exam question on Land Law: be taken into account
Mdm Siti's bungalow is being compulsorily acquired for an expressway. She writes to the Collector listing matters she wants reflected in her compensation. Under sections 33 and 34 of the Land Acquisition Act 1966, which of these may be taken into account? (i) Her strong reluctance to leave a home her family has occupied for three generations. (ii) Her reasonable expenses of moving house, since the acquisition compels her to change her residence. (iii) A new wing she built after the section 5 declaration was published, which was not a necessary repair. (iv) The rise in the bungalow's value expected from the expressway that the acquired land will carry.
- A(ii) only
- B(i) and (ii) only
- C(ii) and (iv) only
- D(ii), (iii) and (iv) only
Show answer & explanation
Answer
A. (ii) only
Explanation
Answer: (ii) only. Only moving expenses forced by the acquisition count; section 34 shuts out the other three.(ii) True. Section 33(1)(e) allows reasonable expenses of changing residence where the acquisition compels it.Watch out: Family history and sentiment feel weighty, but they add nothing to compensation.Rule: Compensation covers forced moving costs but ignores the owner's reluctance to sell, value created by the use of the acquired land, and additions made after the section 5 notification. Work after that point counts only if necessary for maintenance and approved by the Commissioner of Lands.Source: Land Acquisition Act 1966, ss 33(1)(e) and 34 (Singapore Statutes Online, current version read 1 October 2026)
Why the other options are wrong
- (i) False. Reluctance to leave is disinclination to part with the land, which section 34 excludes.
- (iii) False. A new wing added after the section 5 notification is an improvement, not a necessary repair, so it is excluded.
- (iv) False. Any rise in value from the use the acquired land will be put to is excluded. The value the expressway creates is not paid to her.
Study the concept behind this question: Restrictions on Capacity to Hold Land — Minors, Companies, Societies & the Mental Capacity Act
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