Paper 1 Lesson 3: State Land Act, Easements, Registration Flashcards
(38 cards)
What does the State Lands Act (SLA) do?
The State Lands Act provides for control, administrative, and disposal of State Land.
E.g. Granting, leasing, licensing and sale of State Land.
What is Covenant?
Covenant is a legal agreement contained within a deed, made between 2 parties to do OR not do something.
Person making the promise = Covenantor.
Person to whom the promise is made = Covenantee.
What are some examples of Implied covenants in the state lease and statutory grant?
- Pay Rent (SLG)
- Maintain Landmarks (SLG)
- Not to use land for burial (SLG)
- Not to assign land less than 7 years (SLG)
- Right to enter land for oil or minerals
- Free access for purpose of making drains/pipes etc.
- Collector of Land Revenue has free access.
- Earth, Clay, can be removed for public good
State Covenants ________ be removed by Court Order.
Some may be removed by payment such as _____________ (e.g. Zoning/Plot ratio).
cannot / land betterment charge.
What is a Differential Premium?
It is a payment that will be charged for lifting the State title restriction involving change of use and/or increase in intensity.
It is the difference in value between the use and/or intensity stated in the State title and the approved use and/or intensity in the provisional planning permission.
What is the difference between Development Charge (Land Betterment Charge) and Differential Premium?
The only difference is that Differential Premium takes into account the remaining lease.
*Development Charge is the Land Betterment Charge.
What is the formula to compute Land Betterment Charge (Development Charge)?
Land Betterment Charge =
Development Ceiling - Development Baseline.
What is the Development Ceiling?
It is the value of the proposed development, which received planning permission from URA.
What is the Development Baseline?
It is the initial value of the property based on its existing approved use and intensity.
It considers whether the development charge was previously paid/exempted/cancelled/or not required.
What do SLA-managed properties comprise mainly of?
Premises previously used for schools, community centers, and camps. They are generally available for rental through tender (e.g. Open tender / Ideas tender scheme).
What is Temporary Occupation Licence (TOL)?
It is a rent on State Land/Building for short term activites/event.
What are the 2 types of Temporary Occupation Licence (TOL)?
- Non-renewable TOL (for one off event)
E.g. Religious events/dinner events/trade fairs/ fun fairs etc. - Renewable TOL (can be renewed on a daily/monthly/yearly basis)
What is the State Lands Encroachments Act?
It is a law to prevent unauthorised or misuse of State Land.
E.g. Landed properties owners must keep their fence within the legal boundary.
*Anyone who trespasses on state land faces a fine not exceeding $50,000 or imprisonment not exceeding 6 months or both.
What is the Land Acquisition Act?
State can acquire ANY land, regardless of freehold or leasehold under this Act if it is for:
- Public purpose
- Public benefit / interest/ public utilities/ security/defence
- Residential/commercial/industrial purpose with planning objectives
How is the compensation when Land Acquisition Act is enforced?
Based on market value as at date of notice of acquisition (as determined by Chief Valuer - a department in SLA).
Residents will have 1 year to deliver vacant possession.
What is ENCUMBRANCE on land?
It is a claim made against a property by someone other than the current titleholder.
e.g. Mortgage on the ppty/ easement
What are some examples of ENCUMBRANCE on property?
- Property Lien: a legal claim on assets that allows the holder to get access to ppty if debts are not paid
- Mortgage: ppty is used as a collateral for the loan taken
- Easement: A legal right to use another’s land for specific limited purpose.
- Restrictive covenant: An agreement in a deed to real estate that restricts future use of the ppty.
Characteristics of LICENCE in land
- Given permission to enter someone’s ppty.
- Revocable
- No interest on ppty
- Not assignable
- Does not run with land
- Temporary only
- Licence not to be registered
- Easement in gross (permission to that particular person) = licence
What are the different types of licenses?
4 types
[BLCT]
- Bare licence: permission to enter / free (e.g. visitor/guests)
- Licenced with grant: Right to enter to carry out some activity (e.g. contractors/repair works etc)
- Contractual Licence: Pay to enter. (e.g. Enter cinema to watch a movie/hotel guest)
- Temporary Occupation Licence (TOL): Issued by State under State Lands Act for temp use of state building or state land on a monthly/yearly basis for max term of 3 years.
What is an EASEMENT?
It is a right to enjoy someone’s land. An easement legally belongs to the public.
it AUTOMATICALLY runs with land without express mention (it is passed on to new owner).
What is a “Servient Tenement”?
One who owns the land and allows the dominant tenement to use it.
What is a “Dominant Tenement”?
The person who has the right of way to someone else’s land for a specific limited purpose (benefits from easement)
What is the difference between Positive and Negative easement?
Positive easement: a dominant tenement has the right of enjoyment over another person’s land.
Negative easement: An obligation not to use land in specified way (e.g. to prevent landowners from building anything that will block sunlight from adjacent property).
How is an easement created?
- Implied by Statutory Law
- By Land Titles Act (LTA)
To create a valid easement, the relevant legal document detailing the easement must be registered with the land registry. - Implied under Common Law
- By express or implied reservation or grant (by seller)
- By necessity
- By prescription (public)
