RES exam question on Land Law: claimed rights would NOT satisfy those requirements
For a right over neighbouring land to be a valid easement, it must meet the requirements laid down in the English case of Re Ellenborough Park, which Singapore follows. Which of the following claimed rights would NOT satisfy those requirements?
- AA right to use a shared access driveway running along the boundary of the adjoining property to reach the public road
- BA right to park a vehicle in a designated bay on the neighbouring property, where this right accommodates and serves the dominant tenement's use
- CA right to enjoy an unobstructed view across the neighbouring property's garden
- DA right of way across a rear lot to the nearest public road, granted by a registered instrument
Show answer & explanation
Answer
C. A right to enjoy an unobstructed view across the neighbouring property's garden
Explanation
A right to a view (stopping a neighbour from building or planting so as to block your outlook) is not recognised as an easement in Singapore or at English common law. It fails the Re Ellenborough Park requirement that the right be capable of forming the subject matter of a grant: a right to an open prospect is too vague and would restrict the neighbour's use of all his land. The two rights of way are textbook easements. A parking right can be an easement where it genuinely accommodates the dominant tenement and leaves the servient owner reasonable use of the land (Moncrieff v Jamieson [2007] UKHL 42). Trap: over registered land in Singapore, an easement does not arise from long use, prescription, a lost grant or any implication of law, which rules out easements of necessity. It must be created by a registered instrument (Land Titles Act 1993, s 97(1), sso.agc.gov.sg, current version at 22 Sep 2026).
Study the concept behind this question: Easements, Restrictive Covenants & Encumbrances in Singapore
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