Part of a comprehensive analysis of the Land Titles (Strata) Act 1967
All Parts in This Series
Easements and Ancillary Rights for Subsidiary Proprietors: Ensuring Enjoyment and Maintenance of Lots and Common Property
The Land Titles (Strata) Act 1967 (the “Act”) provides a comprehensive framework governing easements and ancillary rights within strata-titled properties. Sections 16 to 20 of the Act establish key implied easements such as support, shelter, passage of services, and light, which are essential for subsidiary proprietors to fully enjoy and maintain their lots and the common property.
"The easement of support created by this section entitles the subsidiary proprietor of the dominant tenement to enter on the servient tenement to replace, renew or restore any support." — Section 16(2)
Verify Section 16 in source document →
Section 16(2) ensures that a subsidiary proprietor whose lot depends on structural support from another lot or common property has the right to enter the servient tenement to maintain or restore that support. This provision exists to preserve the structural integrity of the building and prevent disputes over maintenance responsibilities.
"Every subsidiary proprietor is entitled to have the subsidiary proprietor’s lot sheltered by all other parts of the subdivided building that are capable of affording shelter." — Section 17(1)
Verify Section 17 in source document →
Section 17(1) guarantees that each lot is sheltered by the rest of the building, ensuring protection from weather and environmental elements. This implied easement is vital for the habitability and value of each lot.
"All ancillary rights and obligations reasonably necessary to make easements effective are implied whenever easements are created or implied by and under this Act." — Section 20
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Section 20 recognises that easements cannot function in isolation and therefore ancillary rights and obligations are implied to support their effectiveness. This provision prevents technical loopholes that could undermine the practical enjoyment of easements.
Effectiveness of Easements Without Registration
Section 21 of the Act clarifies that easements implied or created under the Act take effect and are enforceable without the need for registration or memorial on the strata land-register folios.
"The easements implied or created by this Act take effect and are enforceable without any memorial or notification on the folios of the subsidiary strata land-register..." — Section 21
Verify Section 21 in source document →
This provision exists to streamline the creation and enforcement of easements, avoiding administrative delays and costs associated with registration. It also ensures that easements are inherently tied to the strata scheme and cannot be easily circumvented.
Management Corporation’s Powers to Create and Manage Easements and Common Property
The Act empowers management corporations (MCs) to act on behalf of subsidiary proprietors in managing easements and common property through resolutions and registration of instruments.
"This section applies where a management corporation has... passed a unanimous resolution to execute on the behalf of its subsidiary proprietors a grant of easement or a restrictive covenant burdening the parcel..." — Section 22(1)
Verify Section 22 in source document →
Section 22(1) allows an MC to grant or surrender easements or restrictive covenants by unanimous resolution, reflecting the need for full consensus when altering rights burdening the parcel. This ensures that all proprietors agree to changes affecting their interests.
"This section applies where a management corporation has... passed a 90% resolution... to execute on the behalf of its subsidiary proprietors a transfer of any part of the common property..." — Section 23(1)
Verify Section 23 in source document →
Section 23(1) permits the MC to transfer or lease common property with a 90% resolution, balancing the need for significant majority consent with operational flexibility. This high threshold protects proprietors’ interests while allowing efficient management of common property.
"Where any part of land comprised in the common property... becomes vested in the Government upon the registration by the Registrar of an instrument of vesting..." — Section 24(1)
Verify Section 24 in source document →
Section 24(1) provides for the vesting of common property in the Government for public use upon registration of the relevant instrument. This facilitates public infrastructure development and ensures legal clarity on ownership changes.
"This section applies where a management corporation has... passed a special resolution to accept a grant or transfer of any land... for the purpose of creating additional common property." — Section 25(1)
Verify Section 25 in source document →
Section 25(1) enables MCs to accept land grants or transfers to expand common property, subject to a special resolution. This provision supports the enhancement of shared facilities and amenities for the benefit of all proprietors.
"This section applies where 2 or more management corporations have... passed their respective special resolutions to amalgamate their respective common properties..." — Section 26(1)
Verify Section 26 in source document →
Section 26(1) allows for the amalgamation of common property across multiple parcels through special resolutions by the respective MCs. This facilitates coordinated management of adjoining strata developments, promoting efficiency and shared use of facilities.
Registration of Court Orders Affecting Common Property
Section 27 mandates that any court order affecting common property must be lodged and registered with the Registrar, accompanied by a certified true copy of the order.
"Every instrument of transfer or acceptance of a transfer lodged for registration... must be accompanied by a certified true copy of the order of the court..." — Section 27(1)
Verify Section 27 in source document →
This requirement ensures transparency and legal certainty in dealings affecting common property, preventing unauthorized or unrecorded changes that could affect proprietors’ rights.
Prohibition of Adverse Possession Claims on Common Property
Section 28 explicitly prohibits any person from bringing an adverse possession claim to common property.
"No action shall be brought by any person claiming title by adverse possession to the common property..." — Section 28
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This provision protects the collective ownership of common property from being eroded by individual claims, preserving the integrity of strata schemes and the rights of all subsidiary proprietors.
Preservation of Easements Despite Unity of Seisin
Section 29 provides that unity of seisin (ownership of two or more lots by the same person) does not extinguish easements or restrictions implied or created under the Act.
"Unity of seisin in 2 or more lots does not destroy easements or restrictions implied or created by this Part..." — Section 29
Verify Section 29 in source document →
This ensures that easements remain effective even when lots are owned by the same person, maintaining the legal framework for future dealings and protecting the interests of subsequent owners.
Share Values and Voting Rights
Section 30 establishes that each lot, including provisional lots, has a share value as determined in the strata title application, which governs voting rights, undivided shares, and contributions to common expenses.
"Each lot including a provisional lot... has its share value determined as shown in the strata title application registered under section 9." — Section 30(1)
Verify Section 30 in source document →
This provision ensures proportionality and fairness in the management corporation’s decision-making and financial obligations, reflecting the relative value of each lot.
Restrictions on Registration of Assurances for Provisional Lots
Section 31 restricts the registration of assurances (such as transfers or leases) for provisional lots until completion of the building or subdivision.
"An assurance of any provisional lot... must not be registered under this Act and the Registrar must enter an appropriate caution..." — Section 31(1)
Verify Section 31 in source document →
This protects prospective purchasers and the integrity of the strata scheme by preventing premature dealings in lots that are not yet fully established.
Protection of Lessees’ Rights
Section 32 declares that any lease term attempting to deprive lessees of their rights under the Act is void.
"Any term or condition contained in a lease... which seeks to deprive or deny the lessee... of the lessee’s rights... has no effect." — Section 32
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This provision safeguards lessees’ statutory rights, ensuring that leases cannot override protections afforded by the Act.
Definitions Relevant to This Part
Section 26(5) provides important definitions to clarify terminology used in this Part.
"In this section— 'liabilities' includes duties; 'properties' includes rights and powers of every description." — Section 26(5)
These definitions ensure that the scope of obligations and rights under the Act is comprehensive, covering all relevant legal interests.
Absence of Penalties for Non-Compliance
Notably, this Part of the Act does not specify penalties for non-compliance with its provisions.
(No penalties mentioned in Part 3.)
Verify source in source document →
This absence suggests that enforcement may rely on other legal mechanisms or related legislation, such as the Building (Strata Management) Act 2004 or general civil remedies.
Cross-References to Other Legislation
The Act cross-references several other statutes to ensure coherence and avoid conflicts.
- Land Titles Act 1993: Section 97(5) and (6) do not apply to easements under this Act, ensuring that strata easements have distinct treatment (Section 21).
- Building (Strata Management) Act 2004: Sections 34(1), 34(3), 34(5), 35(1), and 36 govern management corporation resolutions and court orders related to easements and common property (Sections 22, 23, 25, 26, 27).
- Limitation Act 1959: Provisions relating to adverse possession do not extend to common property, reinforcing Section 28’s prohibition (Section 28).
"...section 97(5) and (6) of the Land Titles Act 1993 does not apply to such easements." — Section 21 "This section applies where a management corporation has, in accordance with section 35(1) of the Building (Strata Management) Act 2004, passed a unanimous resolution..." — Section 22(1) "This section applies where a management corporation has, in accordance with section 34(1) of the Building (Strata Management) Act 2004, passed a 90% resolution..." — Section 23(1) "This section applies where a management corporation has, in accordance with section 34(3) of the Building (Strata Management) Act 2004, passed a special resolution..." — Section 25(1) "This section applies where 2 or more management corporations have, in accordance with section 34(5) of the Building (Strata Management) Act 2004, passed their respective special resolutions..." — Section 26(1) "Every instrument of transfer or acceptance of a transfer lodged for registration under section 36 of the Building (Strata Management) Act 2004 must be accompanied by a certified true copy of the order of the court made under that section..." — Section 27(1) "No action shall be brought by any person claiming title by adverse possession... and the provisions of the Limitation Act 1959 relating to adverse possession shall not extend to such common property..." — Section 28
Verify Section 21 in source document →
These cross-references ensure that the strata easement regime operates harmoniously within Singapore’s broader property law framework.
Conclusion
The provisions in this Part of the Land Titles (Strata) Act 1967 establish a robust legal framework for easements and ancillary rights essential to the enjoyment, maintenance, and management of strata lots and common property. By implying necessary easements, empowering management corporations with clear authority, and protecting common property from adverse possession, the Act balances individual proprietors’ rights with collective interests. The integration with related legislation further strengthens the legal certainty and operational efficiency of strata schemes in Singapore.
Sections Covered in This Analysis
- Section 16(2)
- Section 17(1)
- Section 20
- Section 21
- Section 22(1)
- Section 23(1)
- Section 24(1)
- Section 25(1)
- Section 26(1), (5)
- Section 27(1)
- Section 28
- Section 29
- Section 30(1)
- Section 31(1)
- Section 32
Source Documents
For the authoritative text, consult SSO.