Lian Kok Hong v Lee Choi Kheong: Easement Dispute over Right of Way on Belmont Road
In Lian Kok Hong v Lee Choi Kheong, the Court of Appeal of Singapore heard an appeal regarding a dispute over a right of way between the owners of 70 and 72 Belmont Road. The High Court had allowed the respondents' counterclaim for a right of way over the appellant's land. The Court of Appeal allowed the appeal, finding that the easement had been abandoned by the previous owners of 70 Belmont Road. The court held that the long acquiescence by the successive owners of 70 Belmont Road to the right of way over plot B being fenced off amounted to a conscious act of abandonment.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding a right of way dispute. The court allowed the appeal, finding the easement had been abandoned.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lian Kok Hong | Appellant | Individual | Appeal Allowed | Won | |
| Lee Choi Kheong and others | Respondent | Other | Counterclaim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Sek Keong | Chief Justice | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
4. Facts
- The appellant owned 72 Belmont Road, and the respondents owned 70 Belmont Road.
- Both properties were part of the same original lot until subdivided in 1949.
- The 1949 subdivision granted the owner of 70 Belmont Road a right of way over plot B on 72 Belmont Road.
- In 1971, a chain-linked fence was constructed, blocking access to plot B.
- Successive owners of 70 Belmont Road did not object to the fence.
- The respondents purchased 70 Belmont Road in 2007 and claimed a right of way over plot B.
- The appellant sought an injunction to prevent the respondents from building a gate on plot A.
5. Formal Citations
- Lian Kok Hong v Lee Choi Kheong and others, Civil Appeal No 15 of 2009, [2010] SGCA 19
- Lian Kok Hong v Lee Choi Kheong & Others, , [2009] SGHC 18
6. Timeline
| Date | Event |
|---|---|
| Land comprised in Lot 187-102 subdivided. | |
| Indenture 1056 No 101 executed, granting and reserving easements. | |
| Chain-linked fence constructed along the common boundary of the two houses. | |
| 72 Belmont Road brought under the Land Titles Act with a qualified title. | |
| Renovation plans of 70 Belmont Road showing the existence of the fence were approved by the Building Control Division. | |
| Tsang Shou Meng purchased 70 Belmont Road from Singapore Oxygen Air Liquide Pte Ltd. | |
| 70 Belmont Road brought under the Land Titles Act with a qualified title. | |
| Gan Boon Hwee purchased 70 Belmont Road from Tsang Shou Meng. | |
| Caution endorsed on the Certificate of Title for 72 Belmont Road lapsed, and the title became unqualified. | |
| Lian Kok Hong purchased 72 Belmont Road. | |
| Lee Choi Kheong and others purchased 70 Belmont Road from Gan Boon Hwee. | |
| Suit No 674 of 2007 filed by the appellant for an injunction. | |
| Court of Appeal allowed the appeal. |
7. Legal Issues
- Abandonment of Easement
- Outcome: The court held that the right of way had been abandoned due to long acquiescence by the successive owners of the dominant tenement to the right of way being fenced off.
- Category: Substantive
- Sub-Issues:
- Non-user of easement
- Acquiescence in obstruction of easement
- Related Cases:
- [2007] 3 All ER 543
- Extinguishment of Easement by Operation of Law
- Outcome: The court found it unnecessary to rule on this issue, as it was satisfied that the easement had been abandoned.
- Category: Substantive
- Related Cases:
- [2009] 1 SLR(R) 875
- [1956] Ch 131
- Subsistence of Easement under Land Titles Act
- Outcome: The court held that the word 'subsisting' in s 46(1)(c)(ii) of the LTA must mean an easement which the dominant owner is entitled to enjoy, and does not mean visible, physically existing, or legally extant. The easement would not be subsisting if it has been abandoned or extinguished in law.
- Category: Substantive
8. Remedies Sought
- Injunction
- Declaration of Right of Way
9. Cause of Actions
- Right of Way Dispute
- Injunction
10. Practice Areas
- Real Estate Law
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301 | Court of Appeal | Yes | [2009] 1 SLR(R) 875 | Singapore | Cited for the principle of extinguishment of easement by operation of law due to prolonged non-user. |
| Re Ellenborough Park | Chancery Division | Yes | [1956] Ch 131 | England and Wales | Cited regarding whether the easement continued to accommodate the dominant tenement in the manner as originally intended. |
| Odey and others v Barber | English High Court | Yes | [2007] 3 All ER 543 | England and Wales | Cited for the principles relating to abandonment of an easement. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act | Singapore |
| Land Titles Act s 46(1)(c)(ii) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Easement
- Right of Way
- Abandonment
- Acquiescence
- Subsisting Easement
- Land Titles Act
- Indefeasible Title
- Dominant Tenement
- Servient Tenement
15.2 Keywords
- Easement
- Right of Way
- Land Dispute
- Singapore Law
- Property Rights
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Right of Way | 90 |
| Easements | 80 |
| Property Law | 75 |
| Land Titles | 60 |
| Breach of Contract | 40 |
| Contract Law | 35 |
| Estoppel | 30 |
16. Subjects
- Property Law
- Land Law
- Easements