Pacific Rover v Yickvi Realty: Easement Realignment & Injunctive Relief

In Pacific Rover Pte Ltd v Yickvi Realty Pte Ltd, the High Court of Singapore heard an application by Pacific Rover to seek a declaration that the proposed realignment of a right of way over its land would not constitute wrongful interference, or alternatively, that Yickvi Realty would have no right to injunctive relief against the proposed realignment. The court granted a declaration that Yickvi Realty had no right to injunctive relief over the proposed realignment.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Declaration granted that Yickvi Realty had no right to injunctive relief over the proposed realignment.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Pacific Rover sought to realign Yickvi Realty's right of way. The court declared Yickvi had no right to injunctive relief over the realignment.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Yickvi Realty Pte LtdDefendantCorporationLostLost
Pacific Rover Pte LtdPlaintiffCorporationJudgment for PlaintiffWon

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Tan Chau YeeHarry Elias Partnership
Bernice TanHarry Elias Partnership
Ling Tien WahRodyk & Davidson LLP
Norman HoRodyk & Davidson LLP

4. Facts

  1. Pacific Rover owns the Servient Land; Yickvi Realty owns the Dominant Land with a right of way through the Servient Land.
  2. Pacific Rover sought to realign the right of way to maximize land use for redevelopment.
  3. Negotiations between Pacific Rover and Yickvi Realty regarding the realignment were unsuccessful.
  4. Yickvi Realty's concern was maintaining access to subterranean services along the existing right of way.
  5. Pacific Rover agreed to allow Yickvi Realty reasonable access to maintain subterranean services.
  6. Yickvi Realty appealed the decision.

5. Formal Citations

  1. Pacific Rover Pte Ltd v Yickvi Realty Pte Ltd, OS 1338/2008, [2009] SGHC 63

6. Timeline

DateEvent
Declaration granted that Yickvi Realty had no right to injunctive relief over the proposed realignment.
Decision Date

7. Legal Issues

  1. Wrongful Interference with Right of Way
    • Outcome: The court declared that the proposed realignment did not constitute wrongful interference.
    • Category: Substantive
  2. Injunctive Relief
    • Outcome: The court declared that Yickvi Realty had no right to injunctive relief over the proposed realignment.
    • Category: Procedural

8. Remedies Sought

  1. Declaration that the proposed realignment of the right of way can constitute no wrongful interference with the right of way
  2. Declaration that Yickvi Realty would have no right to injunctive relief against Pacific Rover in respect of the proposed realignment

9. Cause of Actions

  • Declaration regarding right of way
  • Injunctive Relief

10. Practice Areas

  • Real Estate Law
  • Property Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and othersN/AYes[1998] 1 WLR 1749N/ACited as the basis for the alternative relief sought, regarding injunctive relief for easement realignment.

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

  • Right of way
  • Easement
  • Realignment
  • Injunctive relief
  • Servient tenement
  • Dominant tenement
  • Subterranean services

15.2 Keywords

  • Land
  • Easement
  • Right of way
  • Realignment
  • Injunction

17. Areas of Law

Area NameRelevance Score
Easements95
Rights of way95
Property Law90
Injunctions60

16. Subjects

  • Land
  • Easements
  • Rights of Way