Fones Christina v Cheong Eng Khoon Roland: Adverse Possession & Land Titles Act
In Fones Christina v Cheong Eng Khoon Roland, the Court of Appeal of Singapore heard an appeal regarding a dispute over a strip of land claimed by adverse possession. The appellant, Fones Christina, challenged the High Court's decision that the respondent, Cheong Eng Khoon Roland, had acquired possessory title to the land. The Court of Appeal allowed the appeal, holding that the respondent's possessory title had been extinguished due to non-compliance with s 172(8) of the 1994 Land Titles Act and the failure to lodge a caveat before the appellant's title became unqualified. The court declared that the appellant remained the owner of the disputed land.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal held that the respondent's possessory title to a strip of land was extinguished due to non-compliance with the Land Titles Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Fones Christina | Appellant | Individual | Appeal Allowed | Won | Khoo Boo Jin |
| Cheong Eng Khoon Roland | Respondent | Individual | Appeal Dismissed | Lost | Marina Chin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Andrew Phang Boon Leong | Judicial Commissioner | No |
| Yong Pung How | Chief Justice | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Khoo Boo Jin | Wee Swee Teow and Co |
| Marina Chin | Tan Kok Quan Partnership |
4. Facts
- The appellant owned No 12 Toronto Road, and the respondent owned the adjacent property, No 10 Toronto Road.
- The dispute concerned a strip of land (plot A) between the legal boundary and a chain-linked fence on No 12.
- The respondent claimed possessory title to plot A based on adverse possession by his predecessors-in-title.
- No 12 was brought under the Torrens system on 20 December 1966.
- The title to No 12 became unqualified on 2 April 2002.
- The respondent did not lodge a caveat to protect his possessory interest before the title to No 12 became unqualified.
- The Land Titles Act 1993 abolished adverse possession subject to certain saving provisions.
5. Formal Citations
- Fones Christina v Cheong Eng Khoon Roland, CA 22/2005, [2005] SGCA 43
6. Timeline
| Date | Event |
|---|---|
| Francis Anthony Rodrigues became the owner of No 12 Toronto Road | |
| Emile Le Mercier became the owner of No 10 Toronto Road | |
| Rodrigues mortgaged No 12 to the Building Society of Malaya Limited | |
| Mercier sold No 10 to Cheong Chee Hock | |
| Rodrigues sold No 12 to Fones Christina | |
| No 12 Toronto Road was bought under the Torrens system | |
| Fones Christina redeemed the mortgage on No 12 | |
| Cheong Eng Khoon Roland bought No 10 from Cheong Chee Hock | |
| Minister for Law made a statement in Parliament regarding the Land Titles Bill | |
| Land Titles Act 1993 came into operation | |
| Caution against title of No 12 was cancelled | |
| Judgment reserved |
7. Legal Issues
- Adverse Possession
- Outcome: The court held that the respondent's possessory title had been extinguished due to non-compliance with s 172(8) of the 1994 Land Titles Act and failure to lodge a caveat.
- Category: Substantive
- Sub-Issues:
- Requirements for establishing adverse possession
- Extinguishment of possessory title
- Land Titles Act Interpretation
- Outcome: The court interpreted the provisions of the Land Titles Act and held that the respondent's failure to comply with s 172(8) and lodge a caveat resulted in the extinguishment of his possessory title.
- Category: Substantive
- Sub-Issues:
- Application of s 172(8) of the 1994 Land Titles Act
- Effect of failure to lodge a caveat
8. Remedies Sought
- Declaration of ownership of plot A
9. Cause of Actions
- Adverse Possession
10. Practice Areas
- Real Estate Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Fones Christina v Cheong Eng Khoon Roland | High Court | Yes | [2005] SGHC 87 | Singapore | The High Court's decision that the title to a strip of land had been extinguished by adverse possession was appealed. |
| Carroll v Manek and Bank of India | N/A | Yes | (2000) 79 P&CR 173 | N/A | Cited regarding the principle that an adverse possessor acquires only the equity of redemption when the property is mortgaged before the period of adverse possession commences, but distinguished on the facts. |
| Thornton v France | N/A | Yes | [1897] 2 QB 143 | N/A | Cited to support the principle that redemption of a mortgage by the owner does not defeat an adverse possessor's inchoate interest. |
| TSM Development Pte Ltd v Leonard Stephanie Celine née Pereira | Court of Appeal | Yes | [2005] SGCA 41 | Singapore | Cited for summarizing the changes brought about by the 1993 Land Titles Act regarding adverse possession and the need to lodge a caveat to protect possessory rights. |
| Tan Siok Gek v Ng Kim Neo | N/A | Yes | [1997] 2 SLR 691 | Singapore | Cited in TSM Development regarding the effect of the 1993 Land Titles Act on adverse possession claims. |
| Shell Eastern Petroleum (Pte) Ltd v Goh Chor Cheok | N/A | Yes | [2000] 1 SLR 45 | Singapore | Cited in TSM Development regarding the effect of cancellation of a caution on indefeasibility of title. |
| Balwant Singh v Double L & T Pte Ltd | N/A | Yes | [1996] 2 SLR 726 | Singapore | Distinguished based on the fact that the adverse possessor in that case entered a caveat soon after the land became registered land. |
| Wong Kok Chin v Mah Ten Kui Joseph | N/A | Yes | [1992] 2 SLR 161 | Singapore | Cited regarding the effect of lodging a reassertion of ownership before the lodgment of a caveat by the adverse possessor. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act 1993 | Singapore |
| Land Titles Act (Cap 157, 1994 Rev Ed) | Singapore |
| Land Titles Act (Cap 157, 1985 Rev Ed) | Singapore |
| Land Titles Act (Cap 276) | Singapore |
| Land Titles Ordinance 1956 (Ordinance No 21 of 1956) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Adverse possession
- Possessory title
- Land Titles Act
- Registered land
- Qualified title
- Caveat
- Extinguishment of title
- Torrens system
15.2 Keywords
- Adverse possession
- Land Titles Act
- Singapore
- Property law
- Real estate
- Torrens system
- Caveat
- Possessory title
16. Subjects
- Land Law
- Real Property
- Adverse Possession
17. Areas of Law
- Land Law
- Adverse Possession
- Property Law