Chan Lung Kien v Chan Shwe Ching: Severance of Joint Tenancy by Unilateral Declaration
In Chan Lung Kien v Chan Shwe Ching, the Court of Appeal of Singapore addressed whether a joint tenant can unilaterally sever a joint tenancy by declaration and how severance is implemented under the Land Titles Act. Chan Lung Kien appealed against the High Court's decision that his writ of seizure and sale was ineffective because the joint tenancy was not severed by a Severance Notice. The court dismissed the appeal, holding that the joint tenancy was not severed because the instrument of declaration was not registered, and Mdm Leong's share of the sale proceeds must be paid to her estate in bankruptcy.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Dismissed
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
The Court of Appeal held that a joint tenancy cannot be unilaterally severed by a declaration of intention without registration under the Land Titles Act.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Lung Kien | Appellant | Individual | Appeal Dismissed | Lost | |
| Chan Shwe Ching | Respondent | Individual | Appeal Dismissed | Neutral | |
| Leong Lai Yee | Other | Individual | |||
| Lim Eng Soon | Other | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Judith Prakash | Judge of Appeal | Yes |
| Tay Yong Kwang | Judge of Appeal | No |
| Steven Chong | Judge of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Wai Kit Darren Dominic | Characterist LLC |
| Daniel Ng | Characterist LLC |
4. Facts
- Mdm Leong and Mr Lim were registered as joint tenants of the Property.
- Two separate actions were commenced against Mdm Leong by Ms Chan Shwe Chiang and Mr Chan Lung Kien.
- The respondent obtained a summary judgment against Mdm Leong for approximately $1.4m plus interest and costs.
- The appellant entered judgment against Mdm Leong in default of appearance for in excess of $8.4m plus interest and costs.
- Mr Lim executed an instrument of declaration to sever the joint tenancy and served a Severance Notice.
- The instrument of declaration was not registered.
- Mdm Leong was made a bankrupt.
5. Formal Citations
- Chan Lung Kien v Chan Shwe Ching, Civil Appeal No 141 of 2017, [2018] SGCA 24
6. Timeline
| Date | Event |
|---|---|
| Action commenced by Ms Chan Shwe Chiang against Mdm Leong Lai Yee | |
| Action commenced by Mr Chan Lung Kien against Mdm Leong Lai Yee | |
| Appellant and respondent succeeded in their respective claims against Mdm Leong | |
| Mr Lim executed an instrument of declaration to sever the joint tenancy | |
| Respondent obtained an order for Mdm Leong’s interest in the Property to be attached | |
| Writ of seizure and sale was registered with the Singapore Land Authority | |
| Severance Notice appeared in the Straits Times | |
| Appellant obtained a writ of seizure and sale against the Property | |
| Appellant's writ was registered with the Singapore Land Authority | |
| Mortgagee’s sale was completed | |
| Mdm Leong was made a bankrupt | |
| Originating summons filed by the appellant | |
| Judge questioned the status of the appellant’s WSS at the hearing | |
| High Court Judge issued judgment identified as Chan Lung Kien v Chan Shwe Ching [2017] SGHC 136 | |
| Judgment reserved | |
| Judgment delivered |
7. Legal Issues
- Severance of Joint Tenancy
- Outcome: The court held that a joint tenancy cannot be unilaterally severed by a declaration of intention without registration under the Land Titles Act.
- Category: Substantive
- Sub-Issues:
- Unilateral declaration of intention to sever
- Statutory mode of severance
- Registration requirements
- Effectiveness of Writ of Seizure and Sale
- Outcome: The court declined to opine on the issue of whether a joint tenant's interest can be attached under a writ of seizure and sale prior to severance, as it was not properly before the court.
- Category: Procedural
- Sub-Issues:
- Attachment of joint tenant's interest
- Priority of writs
8. Remedies Sought
- Declaration that the respondent’s WSS order was void and/or unenforceable
- Payment of $623,341.50 to the appellant
- Division of $623,341.50 between the appellant and the respondent
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Real Estate Law
- Civil Litigation
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Malayan Banking Bhd v Focal Finance Ltd | High Court | Yes | [1998] 3 SLR(R) 1008 | Singapore | Upheld as good law regarding the ineffectiveness of a writ of seizure and sale to sever a joint tenancy. |
| Chan Lung Kien v Chan Shwe Ching | High Court | Yes | [2017] SGHC 136 | Singapore | The Court of Appeal overturned the High Court's holding that the Severance Notice did not sever the joint tenancy. |
| Diaz Priscilla v Diaz Angela | Court of Appeal | Yes | [1997] 3 SLR(R) 759 | Singapore | Overruled regarding the doctrine of severance inter partes pursuant to section 53(5) of the Land Titles Act. |
| Sivakolunthu Kumarasamy v Shanmugam Nagaiah and another | Court of Appeal | Yes | [1987] SLR(R) 702 | Singapore | Affirmed as stating the law in Singapore that a unilateral declaration of intention to sever a joint tenancy does not sever it into a tenancy in common. |
| Williams v Hensman | Court of Chancery | Yes | (1861) 70 ER 862 | England | Cited for the classic dicta on the three ways a joint-tenancy may be severed. |
| Tan Chew Hoe Neo v Chee Swee Cheng and others | Privy Council | Yes | (1929) 1 MLJ 643 | Singapore | Applied Williams v Hensman regarding severance of joint tenancy. |
| Jack Chia-MPH Ltd v Malayan Credit Ltd | Court of Appeal | Yes | [1983–1984] SLR(R) 420 | Singapore | Applied Williams v Hensman regarding severance of joint tenancy. |
| Shanmugam Nagaiah and another v Sivakolunthu Kumarasamy (Trustees of Ramakrishna Mission Boys’ Home, interested party) | High Court | Yes | [1985–1986] SLR(R) 408 | Singapore | Discussed the High Court decision in Sivakolunthu Kumarasamy v Shanmugam Nagaiah and another. |
| Burgess v Rawnsley | English Court of Appeal | Yes | [1975] 3 All ER 142 | England | Discussed regarding severance by unilateral declaration. |
| Harris v Goddard | English Court of Appeal | Yes | [1983] 1 WLR 1203 | England | Discussed regarding severance by unilateral declaration. |
| Hawkesley v May | High Court | Yes | [1956] 1 QB 304 | England | Discussed regarding severance by unilateral declaration. |
| In re Draper’s Conveyance | High Court | Yes | [1969] Ch 486 | England | Discussed regarding severance by unilateral declaration. |
| Partejche v Powlet | Court of Chancery | Yes | (1740) 4 West T Hard 788 | England | Discussed regarding severance by unilateral declaration. |
| In re Wilks | High Court | Yes | (1891) 3 Ch 59 | England | Discussed regarding severance by unilateral declaration. |
| Nielson-Jones v Fedden and others | High Court | Yes | [1974] 3 WLR 583 | England | Discussed regarding severance by unilateral declaration. |
| Ng Kim Chwee (executor and trustee of the estate of Ng Ham Chau, deceased) v Chua Chiew Hai and others | High Court | Yes | [1998] 2 SLR(R) 111 | Singapore | Discussed regarding severance of joint tenancy in unregistered land. |
13. Applicable Rules
| Rule Name |
|---|
| Orders 46 and 47 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles Act (Cap 157, 2004 Rev Ed) | Singapore |
| Land Titles Act s 132 | Singapore |
| Land Titles Act s 45(1) | Singapore |
| Land Titles Act s 115(3) | Singapore |
| Land Titles Act s 53(8) | Singapore |
| Land Titles Act s 60A(4)(b) | Singapore |
| Land Titles Act s 60A(2) | Singapore |
| Bankruptcy Act (Cap 20) Sections 105 and 106 | Singapore |
| Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed) | Singapore |
| Conveyancing and Law of Property Act ss 66A(3) and (4) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Joint tenancy
- Severance
- Unilateral declaration
- Instrument of declaration
- Writ of seizure and sale
- Land Titles Act
- Tenancy in common
- Registration
- Severance Notice
- Land-register
15.2 Keywords
- Joint tenancy
- Severance
- Land Titles Act
- Singapore
- Property
- Real estate
- Writ of seizure and sale
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Joint Tenancy | 80 |
| Property Law | 75 |
| Land Titles Act | 70 |
| Civil Procedure | 30 |
| Succession Law | 25 |
| Bankruptcy | 20 |
16. Subjects
- Land Law
- Property Law
- Civil Procedure
- Bankruptcy Law