Chia Foong Lin v Chan Yuen Yee: Easement Dispute over Kerb Wall, Gate, Parking & Use of Private Road

In a dispute between neighbors Chia Foong Lin and Wee Siew Bock (Plaintiffs) and Chan Yuen Yee Alexia Eve (Defendant) at Oei Tiong Ham Park, the High Court of Singapore addressed claims by the Plaintiffs that their right of way over an easement road on the Defendant's property was substantially interfered with by the construction of a kerb wall, an easement gate, the Defendant's intended parking of cars, her children playing on the road, and a meter box. The court dismissed the Plaintiffs' claim, ruling that none of these actions constituted a substantial interference with their easement rights and ordered costs to the Defendant.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Plaintiffs' claim dismissed with costs to the defendant.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case regarding an easement dispute between neighbors over a private road, focusing on the construction of a kerb wall, gate, parking, and children playing on the easement.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chia Foong LinPlaintiffIndividualClaim DismissedLost
Wee Siew BockPlaintiffIndividualClaim DismissedLost
Chan Yuen Yee Alexia EveDefendantIndividualJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Deborah BarkerKhattarWong
Tan SpringKhattarWong
Eng Zixuan EdmundShook Lin & Bok LLP
Vinodh S CoomaraswamyShook Lin & Bok LLP

4. Facts

  1. The plaintiffs and defendant are neighbors whose properties are separated by a private road (easement road).
  2. The plaintiffs have a right of way over the easement road, which is part of the defendant's property.
  3. The plaintiffs relocated their gate further away from the public road during reconstruction works.
  4. The defendant constructed a kerb wall on a grass verge which is part of the easement.
  5. The plaintiffs claimed the kerb wall prevents them from reversing out of their property in a way that allows them to drive head-first.
  6. The defendant intended to construct an easement gate between the public road and the easement road.
  7. The defendant intended to allow her children to play on the easement road.

5. Formal Citations

  1. Chia Foong Lin and another v Chan Yuen Yee Alexia Eve, Originating Summons No 350 of 2011, [2011] SGHC 261

6. Timeline

DateEvent
Parties commenced reconstruction works of their properties.
Defendant brought Originating Summons No 46 of 2011/X (OS 46).
Plaintiffs commenced Originating Summons No 85 of 2011/P (OS 85).
OS 46 and OS 85 heard together.
OS 46 and OS 85 heard together.
Defendant began building a wall on a grass verge.
Plaintiffs brought Originating Summons No 350 of 2011/W (OS 350).
Hearing for interim injunction in Summons No 1971 of 2011/D (SUM 1971).
Hearing for interim injunction in Summons No 1971 of 2011/D (SUM 1971).
Judgment reserved.

7. Legal Issues

  1. Interference with Easement Rights
    • Outcome: The court held that the defendant's actions did not constitute a substantial interference with the plaintiffs' easement rights.
    • Category: Substantive
    • Sub-Issues:
      • Obstruction of right of way
      • Unreasonable inconvenience
    • Related Cases:
      • [2009] SGHC 18
      • [2010] 3 SLR 378
      • [1903] 2 Ch 341
  2. Issue Estoppel
    • Outcome: The court declined to address the issue of the kerb wall on the grounds of issue estoppel.
    • Category: Procedural
    • Sub-Issues:
      • Identity of subject matter
      • Final and conclusive judgment on the merits
    • Related Cases:
      • [2005] 3 SLR(R) 157
      • [2007] 1 SLR(R) 453
      • [1991] 2 AC 93
      • [2011] 1 SLR 998
  3. Quia Timet Injunction
    • Outcome: The court declined to grant a quia timet injunction restraining the defendant's children from playing on the easement road.
    • Category: Substantive
    • Related Cases:
      • [2009] 1 SLR(R) 875
      • [1974–1976] SLR(R) 806

8. Remedies Sought

  1. Injunction to demolish the kerb wall
  2. Injunction to prevent construction of the easement gate
  3. Injunction to prevent parking on the easement road
  4. Injunction to prevent children from playing on the easement road
  5. Injunction to prevent construction of a meter box

9. Cause of Actions

  • Interference with Easement Rights
  • Nuisance

10. Practice Areas

  • Property Disputes
  • Civil Litigation

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301Court of AppealYes[2005] 3 SLR(R) 157SingaporeCited for the requirements to prove issue estoppel.
Goh Nellie v Goh Lian Teck and othersHigh CourtYes[2007] 1 SLR(R) 453SingaporeCited for the conceptual strands of identity of subject matter in issue estoppel.
Khan v Golechha International LtdN/AYes[1980] 1WLR 1482England and WalesCited regarding issue estoppel arising even if a point is conceded or not argued.
SCF Finance Co Ltd v Masri (No 3)N/AYes[1987] QB 1028England and WalesCited regarding issue estoppel arising even if a point is conceded or not argued.
Linprint Pty Ltd v Hexham Textiles Pty LtdN/AYes(1991) 23 NSWLR 508AustraliaCited regarding issue estoppel arising even if a point is conceded or not argued.
Setiadi Hendrawan v OCBC Securities Pte LtdN/AYes[2001] 3 SLR(R) 296SingaporeCited regarding issue estoppel arising even if a point is conceded or not argued.
Arnold and others v National Westminister Bank plcN/AYes[1991] 2 AC 93England and WalesCited for the Arnold exception to issue estoppel.
Management Corporation Strata Title Plan No. 301 v Lee Tat Development Pte LtdCourt of AppealYes[2011] 1 SLR 998SingaporeCited for accepting the Arnold exception articulated in Arnold and others v National Westminister Bank plc.
Cowper v LaidlerN/AYes[1903] 2 Ch 341England and WalesCited for the principle that trivial or temporary infringements will not justify an injunction.
Sunset Properties Pty Ltd v JohnstonN/AYes(1975) 3 BPR 9185AustraliaCited for the test of actionable interference in the context of gates, whether the right of way is locked against enjoyment.
Lian Kok Hong v Lee Choi Kheong and OthersHigh CourtYes[2009] SGHC 18SingaporeCited for the ruling that the erection of a common gate at an access road does not amount to an actionable interference with a right of way if the owner of the dominant tenement is permitted to pass freely.
Lian Kok Hong v Lee Choi Kheong and othersCourt of AppealYes[2010] 3 SLR 378SingaporeCited to show that the Court of Appeal reversed part of the decision in Lian Kok Hong v Lee Choi Kheong and Others [2009] SGHC 18, but the gate was not a subject of the appeal.
Guest’s Estates Ltd v Milner’s Safes LtdN/AYes[1911] 28 TLR 59England and WalesCited by the plaintiffs in support of their case that the locking of a gate/barrier could readily constitute an actionable nuisance even if the keys were made available.
Rafique and others v The Trustees of The Walton EstateN/AYes[1992] 65 P & CR 356England and WalesCited by the plaintiffs in support of their case that the locking of a gate/barrier could readily constitute an actionable nuisance even if the keys were made available.
American Cyanamid Co v Ethicon LtdN/AYes[1975] AC 396England and WalesCited for the test for interim injunctions.
Lee Tat Development Pte Ltd v Management Corporation Strata Title Plan No 301Court of AppealYes[2009] 1 SLR(R) 875SingaporeCited for the requirements for a quia timet injunction.
Collin Development (Pte) Ltd v Hong Leong Holdings LtdCourt of AppealYes[1974–1976] SLR(R) 806SingaporeCited for the requirements for a quia timet injunction.

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
  • Right of way
  • Dominant tenement
  • Servient tenement
  • Kerb wall
  • Easement gate
  • Issue estoppel
  • Quia timet injunction
  • Substantial interference

15.2 Keywords

  • Easement
  • Right of way
  • Kerb wall
  • Gate
  • Parking
  • Private road
  • Neighbors
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Easements95
Property Law90
Injunctions80
Res Judicata70
Civil Procedure60
Contract Law30

16. Subjects

  • Property Law
  • Easements
  • Civil Litigation