Lian Kok Hong v Lee Choi Kheong: Easement Dispute over Access Road Construction

In Lian Kok Hong v Lee Choi Kheong, the High Court of Singapore addressed a dispute between neighbors, Lian Kok Hong (plaintiff) and Lee Choi Kheong (defendant), concerning easement rights over an access road. The plaintiff sought an injunction to prevent the defendant from constructing a gate on the access road, claiming it violated his easement rights. The defendant counterclaimed for their right of easement over part of the plaintiff’s land and the restoration of the boundary due to encroachment by the plaintiff’s boundary wall. The court dismissed the plaintiff's claim for an injunction and allowed the defendant's counterclaim for access to the easement, finding no substantial interference with the plaintiff's right of easement. The court also addressed the boundary encroachment issue, ordering that the defendant's right be put on record without insisting on immediate redress.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiff's claim for an injunction dismissed; defendant's counterclaim for access to easement allowed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over easement rights concerning an access road. The court dismissed the plaintiff's injunction against the defendant's gate construction, addressing mutual easements and boundary encroachment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lian Kok HongPlaintiffIndividualClaim DismissedLostPrabhakaran N. Nair
Lee Choi KheongDefendantIndividualCounterclaim AllowedWonL. Devadason, Tan Kwee Sain Pauline
Lee Song Leng alias Lee Sok HuahDefendantIndividualCounterclaim AllowedWonL. Devadason, Tan Kwee Sain Pauline
Lee SherminDefendantIndividualCounterclaim AllowedWonL. Devadason, Tan Kwee Sain Pauline
Lee SherwinDefendantIndividualCounterclaim AllowedWonL. Devadason, Tan Kwee Sain Pauline

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Prabhakaran N. NairOng Tan & Nair
L. DevadasonIndependent Practitioner
Tan Kwee Sain PaulineP.Tan & Company

4. Facts

  1. The plaintiff owns the property at 72 Belmont Road.
  2. The defendants own the property at 70 Belmont Road.
  3. The properties were subdivided in 1949.
  4. The access road was part of the property of 70 Belmont Road after the sub-division.
  5. The plaintiff claimed the construction of a common gate was a violation of his right of easement.
  6. The defendants claimed a right of easement over part of the plaintiff’s land.
  7. The plaintiff’s boundary wall encroached into the defendants’ land.

5. Formal Citations

  1. Lian Kok Hong v Lee Choi Kheong and Others, Suit 674/2007, [2009] SGHC 18

6. Timeline

DateEvent
70 and 72 Belmont Road were created by sub-dividing 70 Belmont Road from the parent lot.
Madam Koh Ah Kim purchased the lot now owned by the plaintiff.
Gan Boon Hwee purchased the lot now owned by the defendants.
The plaintiff purchased his lot from Madam Koh Ah Kim.
The defendants purchased their property from Gan Boon Hwee.
This action was commenced by the plaintiff.
Judgment delivered.

7. Legal Issues

  1. Right of Easement
    • Outcome: The court held that the plaintiff's construction of a boundary wall did not constitute abandonment of the easement and that the construction of the common gate did not substantially interfere with the plaintiff's right of easement.
    • Category: Substantive
    • Sub-Issues:
      • Interference with right of way
      • Abandonment of easement
  2. Boundary Encroachment
    • Outcome: The court found that the plaintiff's boundary wall encroached into the defendants' land, but it was not significant in itself.
    • Category: Substantive

8. Remedies Sought

  1. Injunction against building the gate
  2. Restoration of the boundary

9. Cause of Actions

  • Injunction
  • Right of Easement

10. Practice Areas

  • Real Estate Law
  • Civil Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Easement
  • Access road
  • Boundary wall
  • Encroachment
  • Mutual easements
  • Abandonment

15.2 Keywords

  • Easement
  • Access Road
  • Boundary Dispute
  • Injunction
  • Singapore
  • Property Law

16. Subjects

  • Property Law
  • Easements
  • Land Dispute

17. Areas of Law

  • Land Law
  • Civil Procedure
  • Easements