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RES exam question on Land Law: rights is/are capable of being an easement

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

Mr Wee owns a house on Lot 20 next to Mrs Koh's house on Lot 21. He asks his lawyer which of four rights over Lot 21 Mrs Koh could grant him and register as an easement. Which of the following rights is/are capable of being an easement? (i) A right of way along a driveway on Lot 21 to reach the public road. (ii) A right to an unobstructed view from Lot 20 across Mrs Koh's garden to the sea. (iii) A right to run a drainage pipe under Lot 21 to the public drain beyond it. (iv) A right to have Mrs Koh's building continue to support Mr Wee's adjoining wall.

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

Answer

A. (i), (iii) and (iv) only

Explanation

Answer: (i), (iii) and (iv) only. Way, drainage and support are recognised kinds of easement; a right to a view is too vague to be granted.(i) True. A right of way is an established kind of easement.(iii) True. A right of drainage is an established kind of easement.(iv) True. A right of support is an established kind of easement.Rule: A right can be an easement only if it meets the Re Ellenborough Park requirements, including accommodating the dominant land and being definite enough to be granted. The Registrar will not register a kind of right the law has not recognised.Source: Re Ellenborough Park; Land Titles Act 1993 s 95(1) (sso.agc.gov.sg, current version at 1 October 2026)

Why the other options are wrong

  • (ii) False. A right to an unobstructed view is not a recognised easement. It is too vague and would restrict the neighbour's use of all her land.

Study the concept behind this question: BSMA & MCST Explained: Subsidiary Proprietors, By-Laws

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