Liwen Holdings v Ng Ker San: Adverse Possession & Land Title Dispute

In Liwen Holdings Pte Ltd v Ng Ker San, the High Court of Singapore addressed a land dispute concerning adverse possession of portions of land adjoining 1 and 3 Bedok Rise, claimed by Liwen Holdings, the owner of 7A Bedok Rise. The owners of 1 and 3 Bedok Rise counterclaimed, asserting ownership through adverse possession. The court ordered a trial to determine if adverse possession was established before March 1, 1994, and ruled that if adverse possession was proven, the rights of the owners of 1 and 3 Bedok Rise would be preserved, notwithstanding their failure to lodge caveats.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Order accordingly.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Land dispute over adverse possession. Court ordered trial to determine if adverse possession occurred before Land Titles Act.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Liwen Holdings Pte LtdPlaintiff, RespondentCorporationOrder accordinglyNeutral
Ng Ker SanDefendant, ApplicantIndividualOrder accordinglyNeutral

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Sim Lin PiahToh Tan & Partners
Lee Mun HooiLee Mun Hooi & Co
Liew Chen ChenLee Mun Hooi & Co

4. Facts

  1. Liwen Holdings owns 7A Bedok Rise, adjoining 1 and 3 Bedok Rise.
  2. 1 and 3 Bedok Rise have fenced up and assimilated portions of land within 7A Bedok Rise's compound.
  3. Liwen Holdings purchased the property from Double L & T Pte Ltd, who acquired it from Thulasi Velayutham.
  4. Double L & T Pte Ltd obtained a qualified certificate of title on June 20, 1994.
  5. Liwen Holdings' solicitors sent letters in 1996 to the owners of 1 and 3 Bedok Rise regarding encroachment.
  6. The owners of 1 and 3 Bedok Rise claim ownership of the disputed land through adverse possession.
  7. 1 Bedok Rise was transferred to the present owner on 25 April 1988.
  8. The present owners of 3 Bedok Rise bought it in 1986.

5. Formal Citations

  1. Liwen Holdings Pte Ltd v Ng Ker San and Another and Other Actions, OS 1628, 1629, 1925/2000 And 600154/2001, [2001] SGHC 74

6. Timeline

DateEvent
Previous owner of 3 Bedok Rise bought the property from Lucky Realty Co Ltd
Previous owner of 3 Bedok Rise was given possession of the property
Previous owner of 1 Bedok Rise bought the property
Brick wall with metal grilles built in place of chain fencing between 1 and 3 Bedok Rise
Present owners of 3 Bedok Rise bought the property
1 Bedok Rise was transferred to the present owner
Thulasi conveyed Lot 235-25 Mukim 27 Bedok to Double L & T Pte Ltd
Acquisition of title by adverse possession was effectively abolished
Double L & T Pte Ltd obtained a qualified certificate of title of the parent lot
Liwen Holdings Pte Ltd's solicitors wrote to the owner of 1 Bedok Rise regarding encroachment
Liwen Holdings Pte Ltd's solicitors wrote to the owner of 3 Bedok Rise regarding encroachment
The property was transferred from Double L & T Pte Ltd and registered in the name of the company
Liwen Holdings Pte Ltd's solicitors followed up with another letter to the respective owners
Liwen Holdings Pte Ltd's solicitors wrote again to the owner of 1 Bedok Rise
Liwen Holdings Pte Ltd claims its title has become absolute
Liwen Holdings Pte Ltd's solicitors wrote to 1 Bedok Rise to cease and desist trespass
Liwen Holdings Pte Ltd's solicitors wrote to 3 Bedok Rise to cease and desist trespass
Originating Summons 1628 of 2000 filed
Originating Summons 1629 of 2000 filed
Originating Summons 1925 of 2000 filed
Originating Summons 600154 of 2001 filed
Decision Date

7. Legal Issues

  1. Adverse Possession
    • Outcome: Court ordered a trial to determine if adverse possession was established before March 1, 1994.
    • Category: Substantive
    • Related Cases:
      • [1996] 2 SLR 726
      • [1992] 2 SLR 161
      • [2000] 1 SLR 45
  2. Effect of Caveat
    • Outcome: Court held that failure to lodge a caveat before the lapsing of the caution did not defeat the adverse possessor's rights if adverse possession had crystallized before 1 March 1994.
    • Category: Substantive
    • Related Cases:
      • [1996] 3 SLR 55
      • [2000] 1 SLR 45
      • [1996] 1 SLR 415
  3. Bona Fide Purchaser
    • Outcome: Court considered whether the company's interest as a bona fide purchaser could defeat the adverse possessor's interest.
    • Category: Substantive

8. Remedies Sought

  1. Possession of Land
  2. Injunction
  3. Mesne Profits
  4. Declaration of Ownership
  5. Rectification of Land Registry Entries

9. Cause of Actions

  • Trespass
  • Adverse Possession

10. Practice Areas

  • Real Estate Litigation
  • Land Disputes

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sum Keong Realty v Syed Jafaralsadeg AlhadadHigh CourtYes[1996] 3 SLR 55SingaporeCited regarding the lapsing of a caution on a qualified title under the Land Titles Act.
Balwant Singh v Double L & TCourt of AppealYes[1996] 2 SLR 726SingaporeCited for its analysis of adverse possession claims under the new Land Titles Act and the preservation of existing rights.
Wong Kok Chin v Mah Ten Kui JosephCourt of AppealYes[1992] 2 SLR 161SingaporeCited for its comprehensive treatment of the provisions of the repealed Land Titles Act regarding adverse possession.
Shell Eastern Petroleum v Goh Chor CheokHigh CourtYes[2000] 1 SLR 45SingaporeCited regarding the effect of failing to lodge a caveat to protect an adverse possessor's title.
Chuan Hong Auto v Shell Eastern PetroleumCourt of AppealYes[1996] 1 SLR 415SingaporeCited regarding the effect of the automatic lapsing of a caution on the interest of equitable lessees who had lodged a caveat.
Tan Eng Khiam v Ultra Realty Pte LtdN/AYes[1991] 3 MLJ 234MalaysiaCited as consistent with Wong Kok Chin's case regarding adverse possession claims where the adverse possessor had completed the requisite period before the land was brought under the repealed Act.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Land Titles Act (Cap 157, 1994 Ed)Singapore
Land Titles ActSingapore
Land Titles ActSingapore
Land Titles ActSingapore
Land Titles ActSingapore
Land Titles ActSingapore
Land Titles ActSingapore
Land Titles ActSingapore
Land Titles ActSingapore
Land Titles ActSingapore
Limitation ActSingapore
Limitation ActSingapore
177 of the 1993 LTASingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Adverse Possession
  • Caveat
  • Land Titles Act
  • Qualified Title
  • Bona Fide Purchaser
  • Encroachment
  • Registered Land
  • Indenture of Conveyance
  • Trespass
  • Limitation Act

15.2 Keywords

  • Adverse Possession
  • Land Dispute
  • Caveat
  • Land Titles Act
  • Singapore
  • Property Rights

17. Areas of Law

Area NameRelevance Score
Adverse Possession95
Land Law90
Property Law90
Caveats80
Bona Fide Purchaser70
Land Titles Act60
Estoppel40
Contract Law30

16. Subjects

  • Land Law
  • Property Law
  • Civil Litigation