1.7 Rights in Another’s Land
Compare licences, leases, easements, encumbrances and covenants.
A burden or interest affecting land, such as a mortgage or easement. Land benefiting from an easement. An obligation to do something.
Course reference: Based on the supplied Real Centre Network Paper One course book, Unit 1.7, printed pp. 54–60 (edition updated 18 December 2020). Original educational explanation, not a reproduction. This historical reference is not a current statement of statutory provisions or examination requirements; verify current rules against official Singapore sources.
What you will learn
- Encumbrances and licences
- Easements
- Covenants
1. Encumbrances and licences
| Concept | Explanation |
|---|---|
| Encumbrance | A burden or interest affecting land, such as a mortgage or easement. |
| Bare licence | Simple permission to enter land. |
| Contractual licence | Permission arising from an agreement. |
| Estoppel licence | Permission potentially protected by equitable principles in particular circumstances. |
| Licence coupled with a grant | Permission connected with a separate granted right. |
2. Easements
| Concept | Explanation |
|---|---|
| Dominant tenement | Land benefiting from an easement. |
| Servient tenement | Land bearing the burden. |
| Right of way | A common example of an easement allowing passage over another parcel. |
| Lease versus easement | A lease generally grants exclusive possession for a term; an easement grants a defined use without possession. |
3. Covenants
| Concept | Explanation |
|---|---|
| Positive covenant | An obligation to do something. |
| Restrictive covenant | An obligation not to do something. |
| Successors in title | Whether a covenant binds a later owner requires the applicable legal rules and title facts. |
Apply it to a Singapore property scenario
If A needs to cross B’s land to reach the road, A may benefit from a right of way while B’s land bears the burden.
A promise not to build above a stated height is restrictive; a promise to maintain a drain is positive.
Quick revision
- Encumbrance: A burden or interest affecting land, such as a mortgage or easement.
- Dominant tenement: Land benefiting from an easement.
- Positive covenant: An obligation to do something.
Practice MCQs
Choose one answer per question, then check your score and read the explanations.
Sources and currency
Primary course reference: supplied Real Centre Network Paper One course book, Unit 1.7 (printed pp. 54–60; updated 18 December 2020). For current legislation and land registration guidance, see Singapore Statutes Online and Singapore Land Authority. Use the syllabus applicable to your exam sitting.