Ng Tsorng Chinn v Vijaykumar Nanalal Shah: Adverse Possession Claim over Land Lot

In Ng Tsorng Chinn and another v Vijaykumar Nanalal Shah, the High Court of Singapore heard a claim by Mr. and Mrs. Ng Tsorng Chinn against Vijaykumar Nanalal Shah, executor of the estate of Nanalal Shamji Shah, for adverse possession of a plot of land. The court, presided over by Andrew Ang J, ruled in favor of the Plaintiffs, holding that the Deceased's title to the plot was extinguished by adverse possession. The judgment was delivered on 2012-03-15.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the Plaintiffs

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Plaintiffs Ng Tsorng Chinn claim adverse possession of land against Vijaykumar Nanalal Shah. The court allowed the claim, extinguishing the Deceased's title.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Ng Tsorng ChinnPlaintiffIndividualClaim AllowedWon
Vijaykumar Nanalal Shah (executor of the estate of Nanalal Shamji Shah, deceased)DefendantIndividualClaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Andrew Ang JJudgeYes

4. Counsels

Counsel NameOrganization
Wong Tze RoyGoh JP & Wong
Koh Su ChernGoh JP & Wong
G RamanG R Law Corporation
Khaleel NamazieG R Law Corporation

4. Facts

  1. The Plaintiffs claimed adverse possession over a plot of land (Plot D) against the Defendant, executor of the estate of Nanalal Shamji Shah.
  2. The Plaintiffs owned Lot 389P, while the Deceased owned the adjacent Lot 388V, which included Plot D.
  3. In 1964, the Deceased conveyed Lot 389P to Kew Carey, granting rights to connect to a septic tank on Lot 388V.
  4. Kew Carey erected mesh-wire boundary fences enclosing Plot D with Lot 389P.
  5. The septic tank within Plot D was removed around 1976-1977.
  6. The doctrine of adverse possession was abolished on 1994-03-01.
  7. The Plaintiffs lodged a caveat against Lot 388V in 2009 to notify their interest in Plot D.

5. Formal Citations

  1. Ng Tsorng Chinn and another v Vijaykumar Nanalal Shah (executor of the estate of Nanalal Shamji Shah, deceased), , [2012] SGHC 55

6. Timeline

DateEvent
The Deceased purchased Lot 23-150.
Planning decision made for Lot 388V to be subdivided for a septic tank plot.
The Deceased conveyed Lot 389P to Kew Carey with restrictive covenants attached.
Kew Carey conveyed Lot 389P to Heng Jee Lek and Huang Soon May, subject to the same restrictive covenants.
Lot 389P became registered land under the Land Titles Register.
The septic tank situated within Plot D was removed.
Heng Jee Lek and Huang Soon May conveyed Lot 389P to Pacific Steel Furnitures Factory Pte Ltd, subject to the same restrictive covenants.
Pacific Steel conveyed Lot 389P to Poh Wee Lee and Ong Ah Keah, subject to the same restrictive covenants.
Mortgagee OCBC Bank conveyed Lot 389P to Tng Chin Kok and Lee Ming Lee.
Tng Chin Kok and Lee Ming Lee mortgaged Lot 389P to Tat Lee Bank Ltd.
The Deceased passed away in Singapore.
The doctrine of adverse possession was abolished under the Land Titles Act 1993.
Mortagee Keppel TatLee Bank Ltd conveyed Lot 389P to the Plaintiffs.
Lot 388V became registered land under the Land Titles Register with a qualified title and a caution in respect of the title was entered.
The Plaintiffs lodged a caveat against Lot 388V to notify their interest in Plot D acquired by way of adverse possession.
Action commenced by the Plaintiffs.
Judgment reserved.

7. Legal Issues

  1. Adverse Possession
    • Outcome: The court held that the Deceased's title to Plot D was extinguished by adverse possession, and the Plaintiffs are entitled to assert ownership rights over Plot D.
    • Category: Substantive
    • Sub-Issues:
      • Animus possidendi
      • Factual possession
      • Continuity of possession
  2. Lapsing of Caution
    • Outcome: The court held that the lodging of the Caveat by the Plaintiffs on 4 February 2009 was well within time and validly preserved the Plaintiffs title to Plot D.
    • Category: Procedural

8. Remedies Sought

  1. Declaration of Ownership
  2. Possession of Land

9. Cause of Actions

  • Adverse Possession

10. Practice Areas

  • Real Estate Law
  • Property Law

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Thomas v ThomasN/AYes[1855] 25 LJ Ch 159N/ACited for the proposition that possession is never to be considered adverse if it can be referred to lawful authority.
Buckinghamshire County Council v MoranN/AYes[1990] 1 Ch 623N/ACited for the principle that enclosure by itself prima facie indicates the requisite animus possidendi.
J A Pye (Oxford) Ltd v GrahamN/AYes[2003] 1 AC 419N/ACited for the elements of factual possession.
Jubilee Electronics Pte Ltd v Tai Wah Garments and Knitting Factory Pte LtdCourt of AppealYes[1996] 1 SLR(R) 352SingaporeCited for the principle that aggregation of separate periods of adverse possession is permitted so long as there is continuity.
Willis v Earl HoweN/AYes[1893] 2 Ch 545N/ACited for the principle that a continuous adverse possession for the statutory period, though by a succession of persons not claiming under one another, does bar the true owner.
Mulcahy v Curramore Pty LtdN/AYes[1974] 2 NSWLR 464N/ACited for the principle that continuity in adverse possession would not be made out if there was abandonment by one adverse possessor followed by a break in time when the land is not in possession of some person adversely to the true owner.
Site Developments (Ferndown) Ltd v Cuthbury LtdEnglish High CourtYes[2011] Ch 226EnglandCited for the principle that mortgagees’ sale of Lot 389P in 1990 and 2001 did not as such transfer to the purchasers any adverse possessory rights in respect of Plot D.
Balwant Singh v Double L & T Pte LtdCourt of AppealYes[1996] 2 SLR(R) 7SingaporeCited for the effect of the repeal of the Land Titles Act 1993 and the enactment of the Land Titles Act (Cap 157, 1994 Rev Ed).

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Land Surveyors Act (Cap 156, 2006 Rev Ed)Singapore
Land Titles Act 1993 (Act 27 of 1993)Singapore
Land Titles Act (Cap 157, 1985 Rev Ed)Singapore
Land Titles Act (Cap 157, 1994 Rev Ed)Singapore
Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)Singapore
Land Titles (Amendment) Act 2001 (Act 25 of 2001)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Adverse Possession
  • Animus Possidendi
  • Factual Possession
  • Continuity of Possession
  • Caveat
  • Qualified Title
  • Lapsing of Caution
  • Indenture of Conveyance
  • Mortgagee's Power of Sale
  • Plot D
  • Lot 388V
  • Lot 389P

15.2 Keywords

  • Adverse Possession
  • Land
  • Property
  • Singapore
  • Real Estate
  • Caveat
  • Land Title

17. Areas of Law

Area NameRelevance Score
Adverse Possession95
Property Law90
Land Law80

16. Subjects

  • Property Law
  • Real Estate
  • Land Dispute